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04/22/2003 Resolutions 2003-121 I I I RESOLUTION 2003-121 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated April 28, 1994 and recorded on April 28, 1994 as Instrument No. 94-103476 secured by property owned by David E. Zavala, said property being described as follows: The Westerly Seventy (70.0) feet of Lot Two Hundred Forty (240), West Lawn Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, David E. Zavala, a single person, wishes to execute a Deed of Trust and Note in the amount of $51,000 with Five Points Bank to be secured by the above-described real estate; and WHEREAS, the new lender, Five Points Bank, Beneficiary, wishes to extend the new loan secured by a Deed of Trust conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deed of Trust from David E. Zavala, to the City of Grand Island, as beneficiary to that ofthe new loan and Deed of Trust of Five Points Bank, Beneficiary, as more particularly set out in the subordination agreement. Adopted by the City Council ofthe City of Grand Island, Nebraska, April 22, 2003. QJ\nl ffiw~ RaNae Edwards, City Clerk Approved as to Form g April 17, 2003