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N � "��' � c�i! <br /> � O � <br /> �'� . � .Z'.' � C/� <br /> �� �� � m 2 <br /> i..:: <br /> �� �, �� -v � cti o <br /> � � L`.:7 �°. � (-- Zy, .�1 G� <br /> C,' � � <br /> M'� f�� � W r�+� <br /> �,`'" O �..n� � O <br /> 9� 107308 °� � � ' <br /> � <br /> SUBORD[NATION AGREEMENT' <br /> THIS AGREEMENT made and executed this 14�" day of_JULY____ ____, 1999__, by and between HOMG � <br /> FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as"Subordinating Geditor" �(� <br /> (whether one or more),and HOME FEDERAL SAVWGS AND LOAN ASSOCIA'TION OF GRANU ISI.ANU, hercinal�tcr reterred �` <br /> to as"Secured Party". � <br /> WITTIESSE'I'H: <br /> WHEREAS, RORY DJERNES and LORI DJERNES,(whether one or more),hereinafter referred to as"Debtor", has granted <br /> to the Subordinating Creditor a Mortgage or Deed of Trust dated JANUARY 29TH , 1997 ,and filed of record in the <br /> office of the___HALL_County Register of Deeds,on the__I 1 _____day of___ FF.,BRUARY , 1997_, as Docwnent No. <br /> _97-100930 in respect to that real estate described as: <br /> THE SOUTH ONE HUNDRED EIGHTY-THREE AND FOUR TNETHS FEET'(183.4')OF THE NOR"['li "fHRGE <br /> HUNDRED SIXTY-S1X AND EIGHTH TENTHS(366.8')FEET OF LOT NINE(9) IN GEER SUBDIVISION BEING A PAR"T O� <br /> 'TFIE NORTHEAST QUARTER OF SECTION NINE(9),TOWNSHIP ELEVEN (1 1)NOR'I'H, RANGF,NING(9) WGS'T OF"I'fif: <br /> (��� P.M., IN GRAND 1SLAND, 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 conditiona►upon t�e 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 atnount of POR'I'Y- <br /> EIGFIT THOUSAND DOLLARS AND NO/100 Dollars($_48,000.00 ), recorded <br /> in the office of the �, County Register of Deeds on the �Qt� day of _, 19�_, as <br /> Uocument No. - Q <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 instru►nents of indebtedne�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 /> S. 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 orthe time.or order of attachment or perlection 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. 'T'he 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 /> �- � - - <br /> Barry . S dstrom, President and CEO <br /> HOME FE ERAL SAVINGS AND LOAN <br /> ASSO IATION O � GRAND ISLAND <br /> "S rdin in reditor" <br /> Barry . S dstrorn, President and CEO <br /> HOME FEDERAL SAVINGS AND LOAN <br />