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THIS AGREEMENT made and executed this 8" day of January 2003, 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: " <br />WHEREAS, DENNIS M WALZ and TAMMY L WALZ, (whether one or more), hereinafter referred to as "Debtor', has �. <br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated May 9'. 2001, and filed of record in the office of the Hall <br />County Register of Deeds, on the 18" day of May, 2001, as Document No. 200/04649 in respect to that real estate described as <br />LOT THIRTY TWO (32), WESTROADS ESTATES FOURTH SUBDIVISION, 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 heremabove 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 Parry, in the original principal amount of Sixty Five <br />thousand six hundred dollars and no /00 ( $65,600.00) recorded in the office of HALL County Register of Deeds on the 73 14,-- <br />day of A x o. 20 03 , as Document No. CR'p,�-- 061/69. <br />3. So Ion 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 my 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 />Barry Se dshom, President and CE,O <br />HOME FE ERAL SAVINGS AND LOAN <br />ASSO ATI <br />M <br />ON O GRAND ISLAND <br />"Su r at <br />T <br />Bar <br />HOME F <br />S ndsttom, President and CEO <br />ERAL SAVINGS AND LOAN <br />ASS <br />IATION OF G RAND ISLAND <br />-n M <br />`Secured Party' <br />n n <br />m cn <br />o <br />r) <br />n <br />K <br />14,E <br />.� <br />fV <br />co <br />S� <br />m <br />OT <br />O <br />' <br />SUBORDINATION AGREEMENT <br />O <br />THIS AGREEMENT made and executed this 8" day of January 2003, 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: " <br />WHEREAS, DENNIS M WALZ and TAMMY L WALZ, (whether one or more), hereinafter referred to as "Debtor', has �. <br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated May 9'. 2001, and filed of record in the office of the Hall <br />County Register of Deeds, on the 18" day of May, 2001, as Document No. 200/04649 in respect to that real estate described as <br />LOT THIRTY TWO (32), WESTROADS ESTATES FOURTH SUBDIVISION, 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 heremabove 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 Parry, in the original principal amount of Sixty Five <br />thousand six hundred dollars and no /00 ( $65,600.00) recorded in the office of HALL County Register of Deeds on the 73 14,-- <br />day of A x o. 20 03 , as Document No. CR'p,�-- 061/69. <br />3. So Ion 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 my 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 />Barry Se dshom, President and CE,O <br />HOME FE ERAL SAVINGS AND LOAN <br />ASSO ATI <br />ON O GRAND ISLAND <br />"Su r at <br />Creditor" <br />Bar <br />HOME F <br />S ndsttom, President and CEO <br />ERAL SAVINGS AND LOAN <br />ASS <br />IATION OF G RAND ISLAND <br />`Secured Party' <br />