200403448 - Laserfiche WebLink

Browse

-- N N C m ^^ N Return recorded mortgage to: N s a S, o7 y FHLB Topeka 0 P.O. Box 176 M � ,` Topeka, KS 66601 C7 Y el S o� ur u Subordinate Mortgage C A U W �.: THIS SUBORDINATE MORTGAGE (Mortgage) is made on April 8, 2004. The grantor is Kenneth A. Luther and Heather J. Luther Husband and Wife (Borrower). This Mortgage is given to the Federal home Loan Bank of Topeka, a corporation organized and existing under the laws of the United States of America, and whose address is One Security Benefit PI. Ste. 100, Topeka, KS 66606, its successors and assigns (Lender). Borrower owes Lender the principal sum of Four Thousand and no /100 Dollars (U.S. $ 4,000.00 ). This debt is evidenced by Borrower's note druid the same date as this Mortgage (Note), l'he Note provides for no payments if the Borrower complies with the terms of the Note. The loan evidenced by the Note and secured by this Mortgage (Loan) is being made pursuant to the Affordable Housing Program as implemented by Lender (12 U.S.C. 14300); 12 CFK Part 951). In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from Five Points Bank (Senior Lien Holder), which loan is secured by a first mortgage lien on the Property (First Mortgage). The documents evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. 'Ibis Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Borrower irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to the rights of Senior Lien Holder under the First Mortgage, the following property, to -wit: The Northerly 63 1/2 feet of Lot One (1), in Block Thirteen (13), of Gilbert's Addition to Grand Island, Hall County, Nebraska. (which has the address of: 1224 N. Clark, Grand Island, Nebraska 68801 ), to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the Property. Rorrnwcr covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien holder, the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to such encumbrances of record. 1. PAYMENTS. The principal of the debt evidenced by the Note shall be due and payable in the event Lender designates a default under the Note. it is a default under the Note if.' (a) Borrower (or at least one of bar rnwcrs if more than one borrower) does not continue to occupy the Property as Borrower's principal residence; or (h) Burrower transfers the Property to another (other than Senior Lien Holder) without obtaining the prior approval of Lender. (Lender's approval will be given if the new Property owner assumes the Note and satisfies the same qualification requirements Borrower was subject to when Borrower initially obtained the Loan.). Provided that the Lender does not designate a default under the Note, the amounts due and payable under the Note will be forgiven as follows: 'fhe principal amount of the Loan shall be reduced over the first 5 years by 1 /60th of the original principal balance of the Loan for each month the Loan is outstanding_ Such monthly reductions shall take effect in arrears on the same day ofthe month the Loan was originally made. 2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior Lien Holder prior to a designation of a default under the Note. The notice shall specify: (a) the default, (b) the action requircvl to cure the default; (c) a date, not less than 30 days from the date the notice is given to