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<br />200707404 <br /> <br />accruing to the parties hereto and other valuable consideration, <br />the receipt and sufficiency of which consideration is hereby <br />acknowledged, and in order to induce Beneficiary to make the loan <br />above refer to, it is hereby declared, understood, and agreed as <br />follows; <br /> <br />1) That said Deed of Trust securing said Note in favor of <br />Beneficiary, and any renewals of extensions thereof shall <br />unconditionally be and remaining all times a lien or charge on the <br />property therein described, prior and superior to the lien or <br />charge of the Real Estate Lien first above mentioned. <br /> <br />2) That Beneficiary would not make its loan above described <br />without this Subordination Agreement. <br /> <br />3) That this Agreement shall be the whole and only agreement <br />with regard to the subordination of the lien or charge of the Real <br />Estate Lien first above to the lien or charge of the Deed of Trust <br />in favor of Beneficiary above referred to and shall supersede and <br />cancel, but only insofar as would affect the priority between the <br />Security Agreements hereinbefore specifically described, and prior <br />agreement as to such subordination including, but not limited to, <br />those provision, if any, contained in the Real Estate Lien first <br />above mentioned, which provide for the subordination of the lien <br />or charge thereof to another Deed or Deeds of Trust or to another <br />mortgage or mortgages. <br /> <br />Beneficiary declares, agrees and acknowledges that: <br /> <br />1) City of Grand Island consents to and approves (i) of all <br />provisions of the Note and Deed of Trust in favor of Beneficiary <br />above referred to, and (ii) all agreements, including but not <br />limited to any loan or escrow agreements, between Owner and <br />Beneficiary for the disbursement of the proceeds of Beneficiary's <br />loan; <br /> <br />2) Beneficiary in making disbursements pursuant to any such <br />agreement is under no obligation or duty to, nor has Beneficiary <br />represented that it will, see to the application of such proceeds <br />by the person or person to whom Beneficiary disburses such <br />proceeds and any application or use of such proceeds for purposes <br />other than those provided for in such agreement or agreements <br />shall not defeat the subordination herein made in whole or in <br />part; <br /> <br />3) City of Grand Island intentionally and unconditionally <br />waives, relinquishes and subordinates the lien or charge of the <br />Real Estate Lien first above mentioned in favor of the lien or <br />charge upon said land of the Deed of Trust in favor of Beneficiary <br />above referred to and understands that in reliance upon, and in <br />consideration of this waiver, relinquishment and subordination <br />specific loans and advances are being and will be made and , as <br />part and parcel thereof, specific monetary and other obligation <br />are being and will be entered into which would not be made or <br />entered into but for said reliance upon this waiver, <br />relinquishment and subordination. <br />