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t s 1„ pp f1 " n m p m C M r!f I Z y N CL :/] r n p S 2 Qa N N O Return recorded mortgage to; FHLBank'1'opeka P.O. Box 176 Topeka, KS 66601 /_S: 5 J Subordinate Mortgage THIS SUBORDINATE MORTGAGE (Mortgage) is made on May 3, 2004. The grantor is RICARDO MONTES and MARIA D. MONTES, husband and wife (Borrower). This Mortgage is given to the Federal He. 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 Pl. Ste. 100, Topeka, KS 66606, its successors and assigns (,ender). Borrower owes Lender the principal sum of Two thousand dollars and 00 /100 Dollars (U.S. $2,000.00 ). This debt is evidenced by Bo ccovol s note dated the same date as this Mortgage (Note). The Note provides fur 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 ride pursuant to the Affordable Housing Program as implemented by Lender (12 U.S.C. 14300); 12 CFR Part 951). In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from Platte Valley State Bank & Trust Company (Senior Lien Holder), which loan is secured by a first mortgage lien oil the Property (First Mortgage). The documents evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. This 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: LOT ONE (1), MARY SMITH SECOND SUBDIVISION, HALL COUNTY, NEBRASKA. (which has the address of: 11660 SOUTH MCGUIRL ROAD, SHELTON NE 68876), 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, uppurtenances and fixtures now or hereafter a part of the 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. Borrower 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. Burrower warrants and will defend generally the title to the Property against all claims and demands, subject in such encumbrances uftecord. I. 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 harrowers if more than one borrower) does not continue to occupy the Property as Borrower's principal residence; or (b) Borrower 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: The principal amount of the Loan shall be reduced over the first 5 years by 1 /60th of the original principal balance of the Loon for each month the Loan is outstanding. Such monthly reductions shall take effect in arrears on the same day of the month the Loan was originally made. C ��