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201009077 <br />THI$ AGREEMENT (the "AgreemenY'), effective as of the Effective Date above, is made by and amon� the <br />Subordinating Lender, Owners and thc Senior Lender named above. <br />ST6VEN J MUNOZ AND NORINE R MUNOZ, HUSBANb AND WlF'E (individually and collectively the <br />"�wner") own the r�al property located at the above Property Address (the "Property"). <br />The Subordinating Lender has an interest in the Property by virtue of a Short Forrn Open-End Deed of Trust given <br />by the Owner, covering that real property, more particularly described as follows: <br />See Exhibit A <br />which document is dat�d the 19th day of September, 2008, which was filed in Instrument # 0200808286 at page <br />N/A (or as No. N/A) of the Records of the Office of the Register of Deeds of the County of HALL, State of <br />Nebraska (th� "Existing Security instrument"). The �xisting Security Instrument secures repayment of a debt <br />evidenced by a note or a line of credit agreement extended to STEVEN J MUNOZ and NORiNE R MUNOZ <br />(individually and collectively "Borrower") by the Subordinatin� Lender, <br />The Senior Lender has agreed to make a new loan or amend an existing loan in the ariginal principal amount NOT <br />to exc�ed $67,000.00 (the "New Loan or Amended Loan"), provided that the New Loan or Amended Loan is <br />secured by a�rst lien mortgage on the Aroperty (the "New Security Instrument") in favor of the Senior Lender. If <br />the New Loan or Amended Loan exceeds this amount, the Subordination Agreement is VOID. <br />The Subordinating Lender is willing to subordinate the lien of the Existing Security Instrument to the lien of the <br />New Security lnstrument under the terms set forth in this Agreement. <br />NOW, THEREFORE, for and in consideration of the above recitals, the covenants herein contained, and for good <br />and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: <br />A. Agreement to Subordinate <br />Subordinating Lender and Trustee, if applicable, hereby subordinates the lien of the Existing Security <br />Instrument, and all of its moditications, extensions and renewals, to the lien of the New Security Instrument. <br />This A�reement is effective as to any sum whose repayment is presently secured or which may in the future ba <br />secured by the Existittg Security lnstrument. <br />B. Appointment of Substitute Trustee tjApplicable <br />The Existing Sacurity Instrument names N/A, as Trustee and the Subordinating Lender as Beneficiary. The <br />�xisting Security Instrument provides that the Subordinating Lender may designate and appoint a substitute <br />Trust�e in place of any other trustee by an instrument recorded among the appropriate land records. <br />The Subordinating Lender hereby removes N/A as Trustee and designates and appoints N/A as substituta <br />Trustee with the same powers and duties as were originally vested in the Original Trustee under the Existing <br />Security Instrument. <br />C. General Terms and Conditions <br />Binding Effect — This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal <br />representatives, successors and assigns of the parties hereto and all of those holding titl� under any of them. <br />Nonwaiver — This Agreement may not be changed or terminated orally. No indulgence, waiver, election or <br />non-election by New Lender or the trustee(s) under the New Security Instrument or related documents shall <br />affect this Agreement. <br />SUBORDINATION DNLY NE V1.0 <br />OOOOOOOOOOI31218 <br />Page 2 of 3 <br />