201106638 - Laserfiche WebLink

Browse

THIS AGREEMENT (the "Agreement "), effective as of the Effective Date above, is made by and among the Subordinating Lender, Owners and the Senior Lender named above. VERN N. GOSDA AND DEANNE E. GOSDA, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON. (individually and collectively the "Owner ") own the real property located at the above Property Address (the "Property"). The Subordinating Lender has an interest in the Property by virtue of a Open -End Deed of Trust given by the Owner, covering that real property, more particularly described as follows: See Exhibit A which document is dated the 15th day of September, 2006, which was filed in Document ID# 200609855 at page 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 Nebraska (the "Existing Security Instrument "). The Existing Security Instrument secures repayment of a debt evidenced by a note or a line of credit agreement extended to DEANNE E GOSDA and VERN N GOSDA (individually and collectively "Borrower ") by the Subordinating Lender. The Senior Lender has agreed to make a new loan or amend an existing loan in the original principal amount NOT to exceed $38,800.00 (the "New Loan or Amended Loan"), provided that the New Loan or Amended Loan is secured by a first lien mortgage on the Property (the "New Security Instrument ") in favor of the Senior Lender. If the New Loan or Amended Loan exceeds this amount, the Subordination Agreement is VOID. Q eo AW c 010 !/ Th Subordinating Lender is willing to subordinate the lien of the Existing Security Instrument to the lien of the New Security Instrument under the terms set forth in this Agreement. NOW, THEREFORE, for and in consideration of the above recitals, the covenants herein contained, and for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: A. Agreement to Subordinate Subordinating Lender and Trustee, if applicable, hereby subordinates the lien of the Existing Security Instrument, and all of its modifications, extensions and renewals, to the lien of the New Security Instrument. This Agreement is effective as to any sum whose repayment is presently secured or which may in the future be secured by the Existing Security Instrument. B. Appointment of Substitute Trustee If Applicable The Existing Security Instrument names N /A, as Trustee and the Subordinating Lender as Beneficiary. The Existing Security Instrument provides that the Subordinating Lender may designate and appoint a substitute Trustee in place of any other trustee by an instrument recorded among the appropriate land records. The Subordinating Lender hereby removes N/A as Trustee and designates and appoints N/A as substitute Trustee with the same powers and duties as were originally vested in the Original Trustee under the Existing Security Instrument. C. General Terms and Conditions Binding Effect — This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto and all of those holding title under any of them. Nonwaiver — This Agreement may not be changed or terminated orally. No indulgence, waiver, election or non - election by New Lender or the trustee(s) under the New Security Instrument or related documents shall affect this Agreement. SUBORDINATION ONLY —NE 10 -25 -10 Page 2 of 3 0000000000262237