|
Z
<br />•
<br />i7
<br />X61
<br />f1
<br />S
<br />M
<br />n
<br />A
<br />N
<br />Z
<br />T
<br />C
<br />Z_
<br />-
<br />1
<br />AGREEMENT
<br />r71
<br />co
<br />c�
<br />G
<br />•
<br />THIS AGREEMENT made and executed this 26T" day of March, 2001, by and between HOME FEDERAL SAVINGS ,'—,
<br />AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and
<br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party ".
<br />WITNESSETH:
<br />WHEREAS, ROGER L PHILBECK and his wife, SHIRLEY J PHILBECK, (whether one or more), hereinafter referred to as
<br />"Debtor ", has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated August 24, 2000, and filed of record in the
<br />office of the Hall County Register of Deeds, on the 1 st day of September, 2000, as Document No. 200007127 in respect to that real
<br />estate described as:
<br />LOT SEVEN (7), BLOCK TWO (2), PLEASANT VIEW TWELFTH SUBDIVISION, TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to be
<br />advanced to the Debtor conditional upon the Debtor providing the Secured Party with a first lien in respect to the above described real
<br />estate, hereinafter referred to as the "Collateral "; and
<br />WHEREAS, the Subordinating Creditor is willing to subordinate any lien it may have in respect to the Collateral by reason of
<br />Subordinating Creditor's Mortgage or Deed of Trust of record to perfect security whenever and wherever filed in order to assure the
<br />Secured Party of a first lien position in and to the Collateral;
<br />NOW, THEREFORE, it is agreed:
<br />1. The Subordinating Creditor hereby consents to a subordination of its priority position to the Secured Party and agrees that
<br />its lien in respect to the Mortgage or Deed of Trust hereinabove described, if any, shall at all times be secondary to the extent herein
<br />provided and subject to the lien of the Secured Party in respect to the Collateral.
<br />2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as
<br />described above to secure indebtedness to be advanced to Debtor by Secured Party, in the original principal amount of One Hundred
<br />Seven Thousand Seven Hundred Fifty and 00 /100"' Dollars ($107,750.00), recorded in the office of the Halll County Register of
<br />Deeds on the ff' day of AREA 2001, as Document No. 3M I— 0a83q
<br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness evidenced by Promissory
<br />Notes or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secured Party's interest in the Collateral
<br />shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that
<br />Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent of the principal sum yet
<br />owing to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto,
<br />however evidenced.
<br />4. So long as any portion of the described obligation to Secured Party is outstanding and unpaid, the provisions of the Deed
<br />of Trust of other instrument of security between the Debtor and the Secured Party are controlling as to the Collateral in which Secured
<br />Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien instrument
<br />granted to the Subordinating Creditor by the Debtor.
<br />5. This Agreement is a continuing, absolute and unconditional agreement of subordination without regard to the validity or
<br />enforceability of the Promissory Notes or other instruments of indebtedness between the Debtor and the Secured Party evidencing
<br />sums due or documents granting a security interest in the Collateral, irrespective of the time or order of attachment or perfection of the
<br />security interest in the Collateral or the order of filing the Deeds of Trust or other instruments of security with respect to the Collateral.
<br />6. This Agreement shall remain in full force and effect and is binding upon the Subordinating Creditor and upon its
<br />successors and assigns, so long as any portion of the sums secured as described in Paragraph 3 are outstanding and unpaid.
<br />7. The Subordinating Creditor agrees that the Promissory Notes or other instruments of indebtedness of the Debtor
<br />evidencing the obligation between the Debtor and the Secured Party may from time to time be renewed, extended, modified,
<br />compromised, accelerated, settled or released, without notice to or consent by the Subordinating Creditor.
<br />��, rn4, i - IL=,
<br />Barry G. ds om, President and CEO
<br />HOME FEDE L SAVINGS AND LOAN
<br />ASSOCIA ION OF GRAND ISLAND
<br />A
<br />Barry G. ndsfrom, President and CEO
<br />HOME FEDEJAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND
<br />"Secured Party"
<br />o
<br />cn cn
<br />1-�
<br />p --
<br />O
<br />M
<br />O
<br />m
<br />Z
<br />D co
<br />O
<br />o
<br />r D
<br />N
<br />Ca
<br />?
<br />co
<br />O
<br />-G
<br />CA
<br />c n
<br />cn
<br />r71
<br />co
<br />c�
<br />G
<br />•
<br />THIS AGREEMENT made and executed this 26T" day of March, 2001, by and between HOME FEDERAL SAVINGS ,'—,
<br />AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and
<br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party ".
<br />WITNESSETH:
<br />WHEREAS, ROGER L PHILBECK and his wife, SHIRLEY J PHILBECK, (whether one or more), hereinafter referred to as
<br />"Debtor ", has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated August 24, 2000, and filed of record in the
<br />office of the Hall County Register of Deeds, on the 1 st day of September, 2000, as Document No. 200007127 in respect to that real
<br />estate described as:
<br />LOT SEVEN (7), BLOCK TWO (2), PLEASANT VIEW TWELFTH SUBDIVISION, TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to be
<br />advanced to the Debtor conditional upon the Debtor providing the Secured Party with a first lien in respect to the above described real
<br />estate, hereinafter referred to as the "Collateral "; and
<br />WHEREAS, the Subordinating Creditor is willing to subordinate any lien it may have in respect to the Collateral by reason of
<br />Subordinating Creditor's Mortgage or Deed of Trust of record to perfect security whenever and wherever filed in order to assure the
<br />Secured Party of a first lien position in and to the Collateral;
<br />NOW, THEREFORE, it is agreed:
<br />1. The Subordinating Creditor hereby consents to a subordination of its priority position to the Secured Party and agrees that
<br />its lien in respect to the Mortgage or Deed of Trust hereinabove described, if any, shall at all times be secondary to the extent herein
<br />provided and subject to the lien of the Secured Party in respect to the Collateral.
<br />2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as
<br />described above to secure indebtedness to be advanced to Debtor by Secured Party, in the original principal amount of One Hundred
<br />Seven Thousand Seven Hundred Fifty and 00 /100"' Dollars ($107,750.00), recorded in the office of the Halll County Register of
<br />Deeds on the ff' day of AREA 2001, as Document No. 3M I— 0a83q
<br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness evidenced by Promissory
<br />Notes or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secured Party's interest in the Collateral
<br />shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that
<br />Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent of the principal sum yet
<br />owing to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto,
<br />however evidenced.
<br />4. So long as any portion of the described obligation to Secured Party is outstanding and unpaid, the provisions of the Deed
<br />of Trust of other instrument of security between the Debtor and the Secured Party are controlling as to the Collateral in which Secured
<br />Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien instrument
<br />granted to the Subordinating Creditor by the Debtor.
<br />5. This Agreement is a continuing, absolute and unconditional agreement of subordination without regard to the validity or
<br />enforceability of the Promissory Notes or other instruments of indebtedness between the Debtor and the Secured Party evidencing
<br />sums due or documents granting a security interest in the Collateral, irrespective of the time or order of attachment or perfection of the
<br />security interest in the Collateral or the order of filing the Deeds of Trust or other instruments of security with respect to the Collateral.
<br />6. This Agreement shall remain in full force and effect and is binding upon the Subordinating Creditor and upon its
<br />successors and assigns, so long as any portion of the sums secured as described in Paragraph 3 are outstanding and unpaid.
<br />7. The Subordinating Creditor agrees that the Promissory Notes or other instruments of indebtedness of the Debtor
<br />evidencing the obligation between the Debtor and the Secured Party may from time to time be renewed, extended, modified,
<br />compromised, accelerated, settled or released, without notice to or consent by the Subordinating Creditor.
<br />��, rn4, i - IL=,
<br />Barry G. ds om, President and CEO
<br />HOME FEDE L SAVINGS AND LOAN
<br />ASSOCIA ION OF GRAND ISLAND
<br />A
<br />Barry G. ndsfrom, President and CEO
<br />HOME FEDEJAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND
<br />"Secured Party"
<br />
|