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P ro <br />a <br />THIS AGREEMENT made and executed this 15th day of March 2004, by and between HOME FEDERAL SAVINGS AND <br />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: 1-� <br />WHEREAS, JEROLD E DINGWERTH and DONNA M DINGWERTH, (whether one or more), hereinafter referred to as <br />"Debtor ", has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated February 22, 2002, and filed of record in the <br />office of the Hall County Register of Deeds, on the 27th day of February 2002, as Document No. 200202217 and Deed of Trust dated <br />October 22, 2002 and filed of record in the office of the Hall county register of Deeds on the 4"' day of November 2002 as Document <br />no. 200212017 in respect to that real estate described as: <br />LOT FOUR (4) IN SUNSET FIFTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />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 Sevgnty -Nine <br />Thousand dollars and no /00 Dollars ($ 79,200.00), recorded in the office of the Hall County Register of Deeds on the 14 r_ day of <br />S` oly-ck aeoq , as Document No. dCW 7()dSY6 . <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 />Ll L A -4-d - <br />Barry a dstrom, President an CEO <br />HOME FE RAL SAVINGS AND LOAN <br />ASSOC ATION OF GRAND ISLAND <br />"Sub din 'ng treditor" <br />i <br />Barry G. ds om, President and CEO <br />HOME FEDE L SAVINGS AND LOAN <br />ASSOCIA ION OF GRAND ISLAND <br />"Secured Party" <br />M <br />= <br />M <br />?�� <br />\ <br />�_ <br />M <br />y N <br />m <br />� <br />8 <br />O <br />-< p <br />7C <br />= <br />c) <br />o <br />rn <br />o <br />CJ <br />° <br />M <br />Z <br />_G <br />o <br />'D <br />S rl <br />D Cv <br />O �.. <br />rn <br />rn <br />r <br />r s> <br />tv <br />N <br />C.3 <br />C Il <br />D <br />S <br />CZ <br />O <br />�... <br />c/) <br />r"r <br />U'Z' <br />fl <br />SUBORDINATION AGREEMENT <br />THIS AGREEMENT made and executed this 15th day of March 2004, by and between HOME FEDERAL SAVINGS AND <br />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: 1-� <br />WHEREAS, JEROLD E DINGWERTH and DONNA M DINGWERTH, (whether one or more), hereinafter referred to as <br />"Debtor ", has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated February 22, 2002, and filed of record in the <br />office of the Hall County Register of Deeds, on the 27th day of February 2002, as Document No. 200202217 and Deed of Trust dated <br />October 22, 2002 and filed of record in the office of the Hall county register of Deeds on the 4"' day of November 2002 as Document <br />no. 200212017 in respect to that real estate described as: <br />LOT FOUR (4) IN SUNSET FIFTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />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 Sevgnty -Nine <br />Thousand dollars and no /00 Dollars ($ 79,200.00), recorded in the office of the Hall County Register of Deeds on the 14 r_ day of <br />S` oly-ck aeoq , as Document No. dCW 7()dSY6 . <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 />Ll L A -4-d - <br />Barry a dstrom, President an CEO <br />HOME FE RAL SAVINGS AND LOAN <br />ASSOC ATION OF GRAND ISLAND <br />"Sub din 'ng treditor" <br />i <br />Barry G. ds om, President and CEO <br />HOME FEDE L SAVINGS AND LOAN <br />ASSOCIA ION OF GRAND ISLAND <br />"Secured Party" <br />