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200204822
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200204822
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Last modified
10/14/2011 9:47:30 PM
Creation date
10/22/2005 7:46:50 PM
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DEEDS
Inst Number
200204822
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200204822 <br />COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST <br />QUARTER (NE CORNER, NEI /4) OF SAID SECTION 3, SAID POINT ALSO <br />BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED <br />BEARING OF S 00046'00" E ALONG THE EAST LINE OF SAID NE 1 /4 A <br />DISTANCE OF 1318.98 FEET TO A POINT BEING THE SOUTHEAST <br />CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST <br />QUARTER (NEI /4, NE1 /4) OF SECTION 3; THENCE S 89 °09'34" W ALONG <br />THE SOUTH LINE OF SAID NEI /4, NEI /4 A DISTANCE OF 324.55 FEET; <br />THENCE N 41042'00" E A DISTANCE OF 244.27 FEET; THENCE N <br />90 000'00" E A DISTANCE OF 89.67 FEET; THENCE N 01 °06'56" W A <br />DISTANCE OF 1052.56 FEET; THENCE S 89 055'49" W A DISTANCE OF <br />494.48 FEET; THENCE N 55 000'00" W A DISTANCE OF 53.21 FEET; <br />THENCE S 89 009'47" W AND PARALLEL TO THE NORTH LINE OF SAID <br />NEI /4, NEI /4 A DISTANCE OF 711.23 FEET TO A PONT ON THE WEST <br />LINE OF SAID NEI /4, NEI /4; THENCE N 00 °5446" W ALONG SAID WEST <br />LINE A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF <br />SAID NE 1 /4, NE 1 /4; THENCE N 89009'47" E ALONG THE NORTH LINE OF <br />SAID NEI /41 NEI /4 A DISTANCE OF 1325.35 FEET TO THE POINT OF <br />BEGINNING. SAID EASEMENT CONTAINS 4.76 ACRES MORE OR LESS <br />OF WHICH 1.98 ACRES IS EXISTING COUNTY ROAD RIGHT OF WAY. <br />2. The Subordinating Party hereby consents to the granting by the Obligor to the <br />Easement Holder of each of the easements described in paragraph 1 of this Subordination Agree- <br />ment. <br />3. So long as one or more of the easements described in Paragraph 1 shall continue to <br />exist, the Easement Holder's interest in the Subordinated Collateral as to each easement then <br />continuing in effect shall have priority over the lien of the Subordinating Party in that <br />Subordinated Collateral, and the Subordinating Party's interest in that Subordinated Collateral is, <br />in all respects, subject and subordinate, to the continuing easements in favor of the Easement <br />Holder or its successors in interest. <br />4. So long as all or any portion of the easements described herein remain effective <br />between the Obligor and the Easement Holder, such easement or easements are controlling as to <br />the Subordinated Collateral in which Easement Holder is to have a first interest and in all cases <br />in which there is a conflict between such easement or easements and the provisions of any lien <br />instrument granted to the Subordinating Party by the Obligor the rights of the Easement Holder, <br />its successors and assigns, shall prevail. <br />5. This Agreement is a continuing, absolute and unconditional agreement of <br />subordination without regard to the validity or enforceability of the easements between the <br />Obligor and the Easement Holder or the order of filing applicable to the easements, Deeds of <br />Trust or other instruments of security with respect to the Subordinated Collateral. <br />6. This Agreement shall remain in full force and effect and is binding upon the <br />Subordinating Party and upon its successors and assigns, so long as any easement from the <br />Obligor to the Easement Holder remains in effect as to the Subordinated Collateral. <br />7. The Subordinating Party agrees that the easements evidencing the rights in respect to <br />use between the Obligor and the Easement Holder, may from time to time be extended, modified, <br />compromised or released, without notice to or consent by the Subordinating Party. <br />
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