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r <br />86--- 103585 <br />12) Any subordination of this lien to additional liens or encumbrances of the assignee or successor to <br />the BORROWER shall be only upon the written consent of the LENDER. Such additional liens and <br />encumbrances shall extend to and include any contract for deed, land contract, or other agreement <br />between the BORROWER and his successor or assignee. Such consent to subordinate shall not be <br />unreasonably withheld so long as LENDER has the assurance, reasonable to the LENDER, that the <br />provisions of this lien remain enforceable and are adequately secured by the project. <br />13) To assure and protect its rights in this lien and the PROJECT, the LENDER shall have right of <br />aocess and inspection of the PROJECT at reasonable times and with reasonable notice to the BORROWER. <br />14) Any forbearance by the LENDER with respect to any of the terms and conditions of this lien in no <br />way constitutes a waiver of any of the LENDER's rights or privileges granted hereunder. <br />15) Any notice of one party to the other shall be in writing to the parties as follows: <br />The LENDER - THE CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation. <br />The BORROWER - Richard Strehle and Theodore Molczyk, partners <br />The BORROWER, or his executor in the event of the death of the BORROWER, shall notify the LENDER of <br />any change in the BORROWER's name and address or any successor or assignee of the BORROWER. <br />lb) The interpretation and application of this lien shall be in accordance with the laws and <br />procedures of the State of Nebraska, as they may from time to time be amended. <br />17) In the event of default and nonpayment of the balance due by the BORROWER, the LENDER may take <br />such measures as may be lawful to it for the recovery of the Indebtedness and including, but not <br />limited to, foreclosure and sale of the BORROWER'S rights in the PROJECT and /or the assignment and <br />collection of the rents and profits of the PROJECT. <br />18) Upon satisfactory completion of all terms and conditions of this lien by the BORROWER or upon <br />payment of any and all balance due, the BORROWER shall be entitled to a release and satisfaction of <br />this lien by the LENDER at the BORROWER's own cost. <br />This lien is expressly created and imposed upon the above described project for the purpose of <br />assuring the compliance of the BORROWER with terms and conditions incident to the deferred payment <br />loan evidenced by this lien, such loan being exclusively for the purpose of rehabilitating, preserving <br />and'enchancing rental dwelling units in the PROJECT in accordance with the rul� nd procedures of the <br />Rental Rehabilitation Program of the City of Grand Island, Nebraska {V <br />Date <br />Date <br />to Borrower(s) and Maker (s) <br />Date en er's e'signee <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />r. f <br />On the �� of <br />personally appeared <br />and are to me known to- a the persoit(s) fiamej in and wno execut <br />acknowledged that this was their voluntary act and deed. <br />3tlll0i�11/p 'f 3NN3y� <br />M�W�e M wr►g- aYMIIR iK� <br />before me, a Notary Public <br />r <br />sd the foregoing in tram 'tq and <br />7�1 <br />Notary Public in ^and for the St3t. cf <br />Nebraska, County of Hall <br />J <br />