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SUBORDINATION AGREEMENT <br />"PHIS SUBORDINATION AGREEMENT is made this day of October <br />2004 by The city of Grand Island, __� Nebraska <br />(" SubordinatedLienbolder "),witita place of business at 100 E. lst, Grand Island, NE <br />68801 <br />WHEREAS, Eleanor F. Bennett <br />qub,jec .-..Pr 22 Fast 9th Strept <br />_ Int. Seven (7) Lincoln View Estates <br />Grand Island NE <br />executed and delivered to Subordinated Lienholder, a Deed of Trust/Mortgage (the "First. Security <br />Instrument ") in the sure of, S 12 , 053 dated Oct 4 , 2002 , and recorded Oct 7 , 2002 <br />in Book Volume 200210700 , Page , as security for a loan (tltc "First Loan "), which First <br />Security Instr unent is a valid and existing lien on the real property described on Exhibit "A" attached hereto. <br />WHEREAS, t.l.Mannr r.' BAnn4tt <br />( "Borrower ") executed and delivered to - <br />( "Lender "), a deed of. trust/mortgage in the sum of itch deed of tnusUmortgage <br />is intended to be r corded herewith oi• is recorded in Book l" Volume Page — as <br />Instrument No. , in the records of 11. _ County, State of9t,ra - <br />(the "Seca d � ri�1� i nt'�,tys�se urity For a lt)au (tire "Second Loan"); <br />;HEIZEAS, it is a condition precedent to obtaining the Second Loan that the lien of the Second Loan <br />shall unconditionally be and remain at all limes a Gen or charge upon the land hereinbefore described, prior <br />and superior to the lien of the First Loan; attd <br />WHEREAS, Lender is willing to make said loan provided (lie lien securing the Second Loan is a lien <br />or charge upon the described property prior and superior to the lien of the First Loan and provided that <br />Subordinating [_ender will specifically and unconditionally subordinate die lien of the First loan to the <br />Second Loan; and <br />WHEREAS, it is to the mutual benefit of the parties hereto that lender make such a loan to Borrower; <br />and Subordinating Lender is willing that the lien securing the Second Loan shall, when recorded, constitute it <br />lien or charge upon said land which is unconditionally prior and superior to the lien securing the First Loan. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other <br />valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in <br />order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as <br />follows: <br />(1) That the Second Security Instrument, and any renewals or extensions thereof, shall unconditionally <br />be and remain at all times a lien or charge on the property therein described, prior and superior to the <br />First Security Instrument. <br />(2) That Lender would not make the Second Loan without this subordination agreement. <br />(3) That this agreement shall be the whole and only agreement with regard to the subordination of the <br />First Security Instrument to the Second Security Instrument and shall supersede and cancel, but only <br />insofar as would affect the priority between the security instruments hereinbefore specifically <br />describe4 any prior agreements as to such subordination including, but not limited to, those provisions, <br />if any, contained in the First Security Inswment above mentioned, which provide for the subordination <br />of the lien to another securi ty instrument, deed of trust or mortgage. <br />Cam' <br />(' t°y <br />`-' <br />rn <br />jy <br />C <br />c� cn <br />C <br />Z <br />n 2 <br />�rt. <br />L <br />c n <br />z -+ <br />tv �p <br />Gi. <br />� <br />to <br />CD -n <br />O <br />7C <br />CA <br />_ <br />O <br />C7 <br />t <br />m <br />X <br />r <br />O <br />o <br />U) <br />� <br />r- n <br />cn <br />C-D <br />Ca CD <br />Ca <br />�] <br />C() <br />OZ <br />SUBORDINATION AGREEMENT <br />"PHIS SUBORDINATION AGREEMENT is made this day of October <br />2004 by The city of Grand Island, __� Nebraska <br />(" SubordinatedLienbolder "),witita place of business at 100 E. lst, Grand Island, NE <br />68801 <br />WHEREAS, Eleanor F. Bennett <br />qub,jec .-..Pr 22 Fast 9th Strept <br />_ Int. Seven (7) Lincoln View Estates <br />Grand Island NE <br />executed and delivered to Subordinated Lienholder, a Deed of Trust/Mortgage (the "First. Security <br />Instrument ") in the sure of, S 12 , 053 dated Oct 4 , 2002 , and recorded Oct 7 , 2002 <br />in Book Volume 200210700 , Page , as security for a loan (tltc "First Loan "), which First <br />Security Instr unent is a valid and existing lien on the real property described on Exhibit "A" attached hereto. <br />WHEREAS, t.l.Mannr r.' BAnn4tt <br />( "Borrower ") executed and delivered to - <br />( "Lender "), a deed of. trust/mortgage in the sum of itch deed of tnusUmortgage <br />is intended to be r corded herewith oi• is recorded in Book l" Volume Page — as <br />Instrument No. , in the records of 11. _ County, State of9t,ra - <br />(the "Seca d � ri�1� i nt'�,tys�se urity For a lt)au (tire "Second Loan"); <br />;HEIZEAS, it is a condition precedent to obtaining the Second Loan that the lien of the Second Loan <br />shall unconditionally be and remain at all limes a Gen or charge upon the land hereinbefore described, prior <br />and superior to the lien of the First Loan; attd <br />WHEREAS, Lender is willing to make said loan provided (lie lien securing the Second Loan is a lien <br />or charge upon the described property prior and superior to the lien of the First Loan and provided that <br />Subordinating [_ender will specifically and unconditionally subordinate die lien of the First loan to the <br />Second Loan; and <br />WHEREAS, it is to the mutual benefit of the parties hereto that lender make such a loan to Borrower; <br />and Subordinating Lender is willing that the lien securing the Second Loan shall, when recorded, constitute it <br />lien or charge upon said land which is unconditionally prior and superior to the lien securing the First Loan. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other <br />valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in <br />order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as <br />follows: <br />(1) That the Second Security Instrument, and any renewals or extensions thereof, shall unconditionally <br />be and remain at all times a lien or charge on the property therein described, prior and superior to the <br />First Security Instrument. <br />(2) That Lender would not make the Second Loan without this subordination agreement. <br />(3) That this agreement shall be the whole and only agreement with regard to the subordination of the <br />First Security Instrument to the Second Security Instrument and shall supersede and cancel, but only <br />insofar as would affect the priority between the security instruments hereinbefore specifically <br />describe4 any prior agreements as to such subordination including, but not limited to, those provisions, <br />if any, contained in the First Security Inswment above mentioned, which provide for the subordination <br />of the lien to another securi ty instrument, deed of trust or mortgage. <br />Cam' <br />