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HomeMy WebLinkAbout20080477NUM °G5 imii~iiuii~iiiiiim~~i~u~uii RET FEES: _ CASH R.O.D. CK# RlC'D ~S a „a -ipCCS NO RETURN _~~~5' $~~ NUM .!~ 1~ ~ ~/ ~~~sf S'~ ao,~ RD. COMP x GG~i ,~ = /~ ~~'ra,.~aP .Zs /a.,tid,Y6 ~ 8S0/ COMPARE '/ ~'" CADAS '- AO ~ Space above line for recording purposes. ADAMSF OUDNTY, NE INST. N0~~ `~ 7 Date ~ Time.,,,~;.Y,~~p~ ~'~' REGISTER OF DEEDS 6548125619-1998 SUBORDINATION AGREEMENT NOTICE: This SUb01'C~illatlori agreement results in your security interest in the property becoming subject to and of lower priority than the lien of some other or later security instrument This Agreement is made this 24th Day of January, 2008 by and between Wells Fargo Bank, N.A., and Wells Fargo Bank, N.A., (herein called the "Lender"). RECITALS Lien Holder is the beneficiary/mortgagee under a deed of trust/mortgage, dated 5/30/2003 executed by Tuan N Nguyen and Dai N Ton, husband and wife, (the "Debtors'°) which was recorded in the county of Adams, State of Nebraska, filed 6/6/2003 as Document No. 20033970 (the "Subordinated Instrument"), covering real property located at 202 East 6t" St, Hastings in the above-named county of Adams, State of Nebraska as more particularly described in the Subordinated Instrument (the "Property"). The North % of Lot 36, in Palmer's Addition to the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof. Lender will make a loan to the Debtor secured by a deed of trust/mortgage on the Property which will be recorded (the "Lender Instrument"). The Lender Instrument will secure a promissory note/line of credit agreement in the amount of $60,000.00. Lien Holder has agreed to execute and deliver this Subordination Agreement. illy- ~r~~ ~~- ~'7 ~~.~ ~ooso4~~ ACCORDINGLY, in consideration of the property and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby agrees with Lender as follows: Regardless of any priority otherwise available to Lien Holder, the lien of the Subordinated Instrument is, shall be and shall remain fully subordinate for all purposes to the lien of the Lender Instrument, to the full extent of the sum secured by the Lender Instrument, including not only principal and interest on the principal indebtedness secured thereby but all other sums secured by the Lender Instrument, excluding non-obligatory future advances. 2. Lien Holder warrants to Lender that Lien Holder presently owns the Subordinated Instrument and indebtedness secured thereby free and clear of all liens, security interests and encumbrances. This Agreement is made under the laws of the State of Nebraska. It cannot be waived or changed, except by a writing signed by the parties to be bound thereby. This Agreement is made between Lender and Lien Holder. It shall be binding upon Lien Holder and the successors and assigns of Lien Holder, and shall inure to the benefit of, and shall be enforceable by, Lender and its successors and assigns. Neither the Debtor nor any other person (except Lender, its successors and assigns), shall be entitled to rely on, have the benefit of or enforce this Agreement. IN WITNESS WHEREOF, this Subordination Agreement is executed on the day and year first above stated. WELLS FARGO BANK, N.A. NOTICE: This subordination agreement contains a provision which allows the person obligated on your real property security to obtain a loan a portion of which may be expended for other purposes than improvement of the land fr / ~~~ A` y: Tamr~ orto Title: Vick.- resident, Loan Documentation a~3 2008U4`7'7 STATE OF NEBRASKA) SS. COUNTY OF DOUGLAS) The foregoing instrument was acknowledged before me this .24th day of January, 2008, by Tammy Norton Vice President, Loan Documentation of Wells Fargo Bank, N.A. (Bank officer name) WITNESS my hand and official seal My commission expires: ..~_~c3..~c7iL~ ~ GENERAL NOTARY -State of Nebraska I JOLENE SWOPE ~~ ,_.: My Comm. Exp. March 15, 2010 1.,~ ~: Notary Public ~ $~