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(Borrower). This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and existing <br />under the laws of the United States of America, and whose address is 120 SE 6th St., Topeka, KS 66603, its successors <br />and assigns (Lender). Borrower owes Lender the principal sum of Three Thousand Five Hundred and 00 /100 <br />00 /100 Dollars (U.S. $ 3,500.00). This debt is evidenced by Borrower's note <br />dated the same date as this Mortgage (Note). The Note provides for no payments if the Borrower complies with the <br />terms of the Note. The loan is evidenced by the Note and secured by this Mortgage (Loan) is being made pursuant to the <br />Affordable Housing Program as implemented by Lender (12 U.S.C. 14300); 12 CFR Part 960). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from United Nebraska Bank <br />(Senior Lien Holder), which loan is secured by a first mortgage <br />lien on the Property (First Mortgage). The documents evidencing or securing the First Mortgage Loan are collectively <br />referred to herein as the First Mortgage Loan Documents. <br />This Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Borrower <br />irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to <br />the rights of Senior Lien Holder under the First Mortgage, the following property, to -wit: <br />Misc Tracts, Part of the NE 1/4 of the SE1 /4 24 -11 -10 <br />Part of the Northeast Quarter of the Southwest Quarter (NE1 /4SW1 /4) of Section Twenty -Four (24), Township Eleven <br />(11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, described as follows: Beginning at the <br />Northeast corner of the Southwest Quarter (SWI /4) of said Section Twenty -Four (24), Township Eleven (11) North, <br />Range Ten (10) West, running thence South on the Easterly line of said Quarter Section a distance of Ninety (90) feet, <br />thence due West parallel to the North line of said Quarter Section, a distance of one hundred sixty -three (163) feet, thence <br />due North parallel to the East line of said Quarter Section a distance of Ninety (90) feet to the North line of said Quarter <br />Section, thence due East on the North line of said Quarter Section a distance of one hundred sixty -three (163) feet to the <br />Northeast corner of said Southwest Quarter which is the place of beginning EXCEPTING a certain tract more <br />particularly described in Warranty Deed recorded as Document No. 91- 105199. <br />(which has the address of: 1018 Claude Rd Grand Island, NE 68803 ) <br />to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements now or <br />hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. <br />All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this <br />Mortgage as the Property. <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant <br />and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien <br />Holder, the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all <br />claims and demands, subject of such encumbrances of record. <br />1. PAYMENTS. The principal of the debt evidenced by the Note shall be due and payable in the event Lender <br />designates a default under the Note. It is a default under the Note if: (a) Borrower (or at least one of borrowers if <br />more than one borrower) does not continue to occupy the Property as Borrower's principal residence; or (b) <br />Borrower transfers the Property to another (other than Senior Lien Holder) without obtaining the prior approval of <br />Lender. (Lender's approval will be given if the new Property owner assumes the Note and satisfies the same <br />qualification requirements Borrower was subject to when Borrower initially obtained the Loan.) Provided that the <br />Lender does not designate a default under the Note, the amounts due and payable under the Note will be forgiven <br />as follows: The principal amount of the Loan shall be reduced over the first 5 years by 1 /60th of the original <br />principal balance of the Loan for each month the Loan is outstanding. Such monthly reductions shall take effect in <br />arrears on the same day of the month the Loan was originally made. <br />2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior Lien <br />Holder prior to a designation of a default under the Note. The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower (and <br />with respect to Senior Lien Holder, 60 days from the date the notice is given to Senior Lien Holder), by which the <br />default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in designation of a default under the Note and the sale of the Property. The notice shall further inform <br />12357.CV (3/02) G12332 Page 1 of 2 <br />PL <br />r <br />Return recorded mortgage to: <br />Federal Home Loan Bank of Topeka <br />U <br />P.O. Box 176 <br />CM <br />Topeka, KS 66601 <br />a <br />Y <br />C'7 <br />Q _..1 <br />c� <br />E <br />M _< <br />n_ <br />LU <br />w <br />w � <br />o <br />.� <br />C <br />ou <br />o c <br />V <br />' <br />...� <br />LLI <br />i1.1 F-- <br />W € <br />t o <br />c-> <br />I C% <br />LU <br />LU <br />Subordinate Mortgage <br />THIS SUBORDINATE MORTGAGE <br />(Mortgage) is made on <br />March 28th 2003 The <br />grantor is Jeffrey <br />Clymer and Erin Clymer, husband and wife <br />(Borrower). This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and existing <br />under the laws of the United States of America, and whose address is 120 SE 6th St., Topeka, KS 66603, its successors <br />and assigns (Lender). Borrower owes Lender the principal sum of Three Thousand Five Hundred and 00 /100 <br />00 /100 Dollars (U.S. $ 3,500.00). This debt is evidenced by Borrower's note <br />dated the same date as this Mortgage (Note). The Note provides for no payments if the Borrower complies with the <br />terms of the Note. The loan is evidenced by the Note and secured by this Mortgage (Loan) is being made pursuant to the <br />Affordable Housing Program as implemented by Lender (12 U.S.C. 14300); 12 CFR Part 960). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from United Nebraska Bank <br />(Senior Lien Holder), which loan is secured by a first mortgage <br />lien on the Property (First Mortgage). The documents evidencing or securing the First Mortgage Loan are collectively <br />referred to herein as the First Mortgage Loan Documents. <br />This Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Borrower <br />irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to <br />the rights of Senior Lien Holder under the First Mortgage, the following property, to -wit: <br />Misc Tracts, Part of the NE 1/4 of the SE1 /4 24 -11 -10 <br />Part of the Northeast Quarter of the Southwest Quarter (NE1 /4SW1 /4) of Section Twenty -Four (24), Township Eleven <br />(11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, described as follows: Beginning at the <br />Northeast corner of the Southwest Quarter (SWI /4) of said Section Twenty -Four (24), Township Eleven (11) North, <br />Range Ten (10) West, running thence South on the Easterly line of said Quarter Section a distance of Ninety (90) feet, <br />thence due West parallel to the North line of said Quarter Section, a distance of one hundred sixty -three (163) feet, thence <br />due North parallel to the East line of said Quarter Section a distance of Ninety (90) feet to the North line of said Quarter <br />Section, thence due East on the North line of said Quarter Section a distance of one hundred sixty -three (163) feet to the <br />Northeast corner of said Southwest Quarter which is the place of beginning EXCEPTING a certain tract more <br />particularly described in Warranty Deed recorded as Document No. 91- 105199. <br />(which has the address of: 1018 Claude Rd Grand Island, NE 68803 ) <br />to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements now or <br />hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. <br />All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this <br />Mortgage as the Property. <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant <br />and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien <br />Holder, the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against all <br />claims and demands, subject of such encumbrances of record. <br />1. PAYMENTS. The principal of the debt evidenced by the Note shall be due and payable in the event Lender <br />designates a default under the Note. It is a default under the Note if: (a) Borrower (or at least one of borrowers if <br />more than one borrower) does not continue to occupy the Property as Borrower's principal residence; or (b) <br />Borrower transfers the Property to another (other than Senior Lien Holder) without obtaining the prior approval of <br />Lender. (Lender's approval will be given if the new Property owner assumes the Note and satisfies the same <br />qualification requirements Borrower was subject to when Borrower initially obtained the Loan.) Provided that the <br />Lender does not designate a default under the Note, the amounts due and payable under the Note will be forgiven <br />as follows: The principal amount of the Loan shall be reduced over the first 5 years by 1 /60th of the original <br />principal balance of the Loan for each month the Loan is outstanding. Such monthly reductions shall take effect in <br />arrears on the same day of the month the Loan was originally made. <br />2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior Lien <br />Holder prior to a designation of a default under the Note. The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower (and <br />with respect to Senior Lien Holder, 60 days from the date the notice is given to Senior Lien Holder), by which the <br />default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in designation of a default under the Note and the sale of the Property. The notice shall further inform <br />12357.CV (3/02) G12332 Page 1 of 2 <br />PL <br />r <br />