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<br />THIS SUBORDINATION AGREEMENT is made this _2nd_day of September_,
<br />2008 by and among WELLS FARGO BANK, NA (hereinafter "Wells Fargo"), and FIVE
<br />POINTS BANK, a Nebraska Banking Corportion, (hereinafter "Five Points").
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<br />SUBORDINATION AGREEMENT
<br />
<br />200808725
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<br />PRELIMINARY RECITALS
<br />
<br />1. On or about March 5, 2001, Eugene M. Kosmicki and Doreen S. Kosmicki executed
<br />and delivered their Deed of Trust in the amount of $17,255.50 in writing to Five Points, as
<br />Trustee and Beneficiary, said Deed of Trust being recorded March 9, 2001 as Instrument No.
<br />2001-01855 in the Hall County Register of Deeds Office, and encumbering the following
<br />described property to-wit:
<br />
<br />Lot Two (2), Block Three (3), in Elm Place Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />
<br />2. On or about January 26, 2006, Doreen S. Kosmicki executed and delivered her Deed
<br />of Trust in the amount 01'$73,418.00 in writing to Washington Mutual Bank, FA, as Beneficiary,
<br />said Deed of Trust being recorded February 17, 2006 as Instrument No. 2006-01451 in the Hall
<br />County Register of Deeds Office, and encumbering the following described property to-wit:
<br />
<br />Lot Two (2), Block Three (3), in Elm Place Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />
<br />said Deed of Trust was assigned to Wells Fargo Bank, NA on December 28, 2006 by an
<br />Assignment recorded as Instrument No. 2006-11466 in the Hall County Register of Deeds
<br />Office.
<br />
<br />3. That said Deed of Trust to Thomas Locher as Trustee and Washington Mutual Bank,
<br />FA, as Beneficiary, was executed to secure a loan to Washington Mutual Bank, FA as a
<br />refinance of the property, and that through inadvertence and mistake, the Deed of Trust to Five
<br />Points was not subordinated to the Deed of Trust to Washington Mutual Bank, FA, was supposed
<br />to be the first lien against the property.
<br />
<br />4. That on or about January 26, 2006, the amount of $71,155.28 was paid to Fleet
<br />Mortgage Corp. to payoff a previous Deed of Trust from Doreen S. Kosmicki and Eugene M.
<br />Kosmicki to Mountain West Financial, Inc., a California Corporation dated October 15, 1999
<br />and recorded October 19, 1999 as Instrument No. 0099-110154 in the Hall County Register of
<br />Deeds and assigned to Fleet Mortgage Corp by and Assignment of Deed of Trust dated October
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