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200410528 <br />2. Neither Wells Fargo Bank nor Creditor/Beneficiary: (I) makes any representation <br />or warranty concerning the Property or any other property of the Borrower /Debtor or <br />the validity, perfection or (except as to the subordination accomplished hereby) <br />priority of any lien thereon or security interest therein, or (ii) shall have any duty to <br />preserve, protect, care for, insure, take possession of, collect, dispose of or otherwise <br />realize upon the Property or any other property of the Borrower /Debtor. <br />3. This Agreement is made under the laws of the State of Nebraska. It cannot be <br />waived or changed, except by a writing signed by the parties to be bound thereby. <br />This Agreement is made between Wells Fargo Bank and Creditor/Beneficiary. <br />Neither the Borrower/Debtor nor any other person (except Creditor/Beneficiary and <br />Wells Fargo Bank, and their successors and assigns) shall be entitled to rely on, have <br />the benefit of, or enforce this Agreement. <br />IN WITNESS WHEREOF, this Agreement may be signed in several identical <br />counterparts which shall constitute one and the same Agreement and shall be effective <br />on the day and year first above stated. <br />JAMES P. ZANA and JOY Y. ZANA <br />By. <br />By: V <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />WELLS FARGO BANK, <br />NATIONAL ASSOCIATION <br />By: <br />Its: A, <br />On this 22 day of Oc- /c4-e r , 2004, before me, a notary in and for said <br />county, personally came known to me <br />to be the identical person(s) who signed the f regoing Subordination Agreement and <br />acknowledged the execution thereof to be his/her /their voluntary act and deed, and the <br />voluntary act and deed of said corporation. <br />Notary Public <br />y -d9 - boo <br />My commission expires: <br />W NERAL NOTARY • State Of Neb *1 <br />STEVE POPPE <br />*4M. 29, 200e <br />