10/26/2004 Resolutions 2004-276
I
I
I
RES 0 L UTI 0 N 2004-276
WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of
Trust dated April 30, 1998 and recorded on April 30, 1998 as Instrument No. 98-104089 secured by
property located at 1208 Warren Lane and owned by David Grinnell and Michelle Haase, now
known as Michelle Grinnell, husband and wife, said property being described as follows:
Lot Twelve (12), Houghkirk Subdivision in the City of Grand Island, Hall County,
Nebraska, excepting therefrom a tract of land of Lot Twelve (12) conveyed to the
Burlington Northern Railroad Company more particularly described as follows:
Beginning at the southwest comer of said Lot Twelve (12); thence running
northwesterly along the westerly line of said Lot Twelve (12), a distance of Two
Hundred Six and Eighty Nine Hundredths (206.89) feet; to the northwest comer of
said Lot Twelve (12); thence deflecting right 89059'40" and running northeasterly
along the northerly line of said Lot Twelve (12), a distance of Forty Five and Sixty
Eight Hundredths (45.68) feet; thence deflecting right 89030'31" and running
southeasterly a distance of Seventy Four and Eight Tenths (74.80) feet; thence
deflecting right 90028'49" and running southwesterly a distance of Thirty Six and
Sixty Six Hundredths (36.66) feet; thence deflecting left 90006'59" and running
southeasterly a distance of One Hundred Thirty Two and Sixteen Hundredths
(132.16) feet, to a point on the northerly right of way line of 1ih Street; thence
deflecting right 90029'34" and running southwesterly along the northerly right of way
line of 1ih Street, a distance ofTen (10.0) feet, to the point of beginning.
WHEREAS, David Grinnell and Michelle Grinnell, husband and wife, wish to
execute a Deed of Trust and Note in the amount of $70,000 with New Century Mortgage to be
secured by the above-described real estate; and
WHEREAS, the new lender, New Century Mortgage, 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.
Approved as to Form II
October 21, 2004 II City Attorney
I
I
I
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 Grinnell and Michelle Grinnell, husband and wife, to the City of Grand Island, as beneficiary
to that of the new loan and Deed of Trust of New Century Mortgage, Beneficiary, as more
particularly set out in the subordination agreement.
Adopted by the City Council of the City of Grand Island, Nebraska, October 26,2004.
QJ\ca- ffi~~
RaNae Edwards, City Clerk
-2-