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200501152 security, or may release any balance of funds of the Borrower with the Bank, without notice to the Creditor and without in nay way impairing or affecting this Agreement. 8. The Bank's delay in or failure to exercise any right or remedy shall not be deemed a waiver of any obligation of the Creditor or right of the Bank. This Agreement may be modified, and any of the Bank's rights hereunder waived, only by agreement in writing signed by the Bank. 9. This Agreement shall inure to the benefit of the Bank's successors and assigns and bind the heirs, legatees, personal representatives, successors and assigns of the Creditor. 10. Notice of acceptance by the Bank of this Agreement is hereby waived by the Creditor, and this Agreement and all of the terms and provisions hereof shall immediately by binding upon the Creditor from the date of execution hereof. 11. This Agreement shall be construed in accordance with and governed by the laws of the State of Nebraska. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth in connection with their signatures. Date: 1 I- 2T -o-J CREDITOR: v STATE OF A(66�'I ke� ) ss. COUNTY OF�(,� -�' ) The foregoing instrument was acknowledged before me on this :�?Z� day of December, 2003 by Peter V. Bristol, an individual. Notary Pub fi GENERAL NOTARY - State of Nebraska JULY C. ELLY Vv Conan Exp MARCH 3 200 BORROWER'S CONSENT The undersigned, being the Borrower referred to in the foregoing Subordination Agreement, acknowledges receipt of a copy thereof and agrees to all the terms and provisions thereof. The Borrower agrees with the Bank that Borrower will make no payment of the Creditor Indebtedness without written authorization from the Bank, nor consent to or participate in any act in violation of any of the provisions of the Subordination Agreement. If the Borrower violates or breaches any of the provisions of the Subordination Agreement or this Consent, the Bank may declare such breach or violation hereunder, as an event of default under any loan documents evidencing or securing the Bank Indebtedness. Dated: BORROWER: