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<br />WHEREAS, Five Points Bank, is the Beneficiary and holder of a Deed of Trust
<br />executed by Joshua D. Harvey and Amy Harvey, C. husband and wife, (hereinafter called the
<br />"Borrower ") dated July 29, 2003, and recorded August 6, 2003, as Instrument No. 2003 -10234 of the
<br />records of Hall County, Nebraska, covering the following described real estate, to -wit:
<br />The Northerly Forty -four (44) feet of Lot Nine (9) and the Northerly Forty -five (45)
<br />feet of Lot Ten (10) all in Block Fourteen (14) in Charles Wasmer's Addition to the
<br />City of Grand Island, Hall County, Nebraska (the "Subject Real Estate ").
<br />WHEREAS, Borrowers have obtained a loan in the amount of $70,500.00 from
<br />TierOne Bank which loan is secured by that Deed of Trust dated August ;2,5_, 2004, and
<br />recorded X. , 2004, as Instrument No. 2404- ,._'_)_en540 97g3 of the records of Hall
<br />County, Nebraska, covering the Subject Real Estate.
<br />WHEREAS, Lender's Deed of Trust should be paramount and superior to the lien of
<br />Five Points Bank.
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
<br />consideration to Five Points Bank, the receipt whereof is hereby acknowledged, Five Points Bank
<br />does hereby waive the priority of its Deed of Trust as described above and any other security it may
<br />have in the subject real estate and agrees that said Lender's Deed of Trust shall be superior to said
<br />Five Points Bank's Deed of Trust and Five Points Bank agrees that its Deed of Trust executed and
<br />recorded prior in time to said Lender's Deed of Trust shall be subject, junior, and subordinate to the
<br />Deed of Trust of Lender.
<br />Provided, however, that nothing herein contained shall operate in any way to release
<br />or affect the validity of the Five Points Bank's security instruments as liens upon the Subject Real
<br />Estate or to otherwise affect the priority of said Five Points Bank's lien except as herein provided.
<br />assigns.
<br />This Agreement shall be binding upon the undersigned and its successors and
<br />Executed this 24-L-day of August, 2004.
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<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />FIVE POINTS BANK
<br />By_�J
<br />Its
<br />ILI
<br />On this 1 of August, 2004, before me the undersigned, a Notary Public,
<br />personally came / , u kti 1&6(1_4s , Gill & OA it of Five Points
<br />Bank, by me known to b the identical person whose name is affixQ to the foregoing instrument in
<br />said capacity and acknowledged the execution thereof to be the voluntary act and deed of said person
<br />and the voluntary act and deed of said corporation.
<br />WITNESS my hand and notarial seal the day and year last above written.
<br />My Commission Expires:
<br />GENERAL NOTARY - State of Nebr
<br />K.A. GOOSIC
<br />My Comm. Exp. May 1, 2006
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<br />SUBORDINATION AGREEMENT
<br />O
<br />WHEREAS, Five Points Bank, is the Beneficiary and holder of a Deed of Trust
<br />executed by Joshua D. Harvey and Amy Harvey, C. husband and wife, (hereinafter called the
<br />"Borrower ") dated July 29, 2003, and recorded August 6, 2003, as Instrument No. 2003 -10234 of the
<br />records of Hall County, Nebraska, covering the following described real estate, to -wit:
<br />The Northerly Forty -four (44) feet of Lot Nine (9) and the Northerly Forty -five (45)
<br />feet of Lot Ten (10) all in Block Fourteen (14) in Charles Wasmer's Addition to the
<br />City of Grand Island, Hall County, Nebraska (the "Subject Real Estate ").
<br />WHEREAS, Borrowers have obtained a loan in the amount of $70,500.00 from
<br />TierOne Bank which loan is secured by that Deed of Trust dated August ;2,5_, 2004, and
<br />recorded X. , 2004, as Instrument No. 2404- ,._'_)_en540 97g3 of the records of Hall
<br />County, Nebraska, covering the Subject Real Estate.
<br />WHEREAS, Lender's Deed of Trust should be paramount and superior to the lien of
<br />Five Points Bank.
<br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other valuable
<br />consideration to Five Points Bank, the receipt whereof is hereby acknowledged, Five Points Bank
<br />does hereby waive the priority of its Deed of Trust as described above and any other security it may
<br />have in the subject real estate and agrees that said Lender's Deed of Trust shall be superior to said
<br />Five Points Bank's Deed of Trust and Five Points Bank agrees that its Deed of Trust executed and
<br />recorded prior in time to said Lender's Deed of Trust shall be subject, junior, and subordinate to the
<br />Deed of Trust of Lender.
<br />Provided, however, that nothing herein contained shall operate in any way to release
<br />or affect the validity of the Five Points Bank's security instruments as liens upon the Subject Real
<br />Estate or to otherwise affect the priority of said Five Points Bank's lien except as herein provided.
<br />assigns.
<br />This Agreement shall be binding upon the undersigned and its successors and
<br />Executed this 24-L-day of August, 2004.
<br />-�rp U RATS
<br />iz, 1 O� • -'
<br />:V mo®
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<br />STATE OF NEBRASKA
<br />COUNTY OF HALL
<br />FIVE POINTS BANK
<br />By_�J
<br />Its
<br />ILI
<br />On this 1 of August, 2004, before me the undersigned, a Notary Public,
<br />personally came / , u kti 1&6(1_4s , Gill & OA it of Five Points
<br />Bank, by me known to b the identical person whose name is affixQ to the foregoing instrument in
<br />said capacity and acknowledged the execution thereof to be the voluntary act and deed of said person
<br />and the voluntary act and deed of said corporation.
<br />WITNESS my hand and notarial seal the day and year last above written.
<br />My Commission Expires:
<br />GENERAL NOTARY - State of Nebr
<br />K.A. GOOSIC
<br />My Comm. Exp. May 1, 2006
<br />M_
<br />Notary Public
<br />
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