Laserfiche WebLink
M <br />T <br />C <br />7_ <br />x n <br />m N <br />X � <br />rn <br />n� <br />V <br />SUBORDINATION AGREEMENT <br />THIS AGREEMENT made and executed this 3 day of lq Yr / , 20 03, by FIVE POINTS BANK, hereinafter <br />referred to as "Subordinating Creditor" (whether one or more), for the benefit of HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party ". <br />WITNESSETH: <br />WHEREAS, MICHIAL D NIELSEN and LINDA J NIELSEN, (whether one or more), hereinafter referred to as "Debtor', <br />has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated March 2, 2001, and filed in the office of the Hall County <br />Register of Deeds, on the 9" day of March, 2001, as Document No.200101856, in respect to that real estate described as: <br />LOT 4 AND THE SOUTH 18 FEET OF LOT 5, BLOCK 2, BURGER'S ADDITION TO THE VILLAGF. OF DONIPHAN, <br />HALL COUNTY, NEBRASKA <br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to he <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 first lien position in and to the Collateral; <br />NOW, THEREFORE, it is agreed: <br />I. 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 Parry in respect to the Collateral. <br />2. The Subordinating Creditor hereby consents to the Debtor granting Seemed 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 amount of Ninety One <br />Thousand Dollars and nu /00 Dollars ($91,000.00), recorded in the office ofthe Hall County Register of Deeds on the day <br />of Vi,,.Prt\ ,gDf�j_, as Document No. o1"O3—(')glq <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 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 drat <br />Collateral is, in all respects, subject and subordinate to the security interest ofthe Secured Party to the extent ofthe principal sum yet <br />owing to Secured party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto, however <br />evidenced. <br />4. So long as any portion of the described obligation to the Secured Party is outstanding and unpaid, the provisions of the <br />Decd of Trust or other instrument of security between the Debtor and the Secured Party are controlling as to the Collateral in which <br />Secured Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien <br />instrument 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 />successor, 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 and agrees that the Promissory Notes or other instruments of indeb ress of the Debtor <br />evidencing the obligation between the Debtor and the Secured party may from time to time be renewed, to ded, modified, <br />compromised, accelerated, settled or released, without notice to or consent by the Subordinating Credi r. <br />m <br />CD <br />N <br />C <br />r-r <br />5 <br />n N <br />o <br />O ti <br />�n <br />a <br />� o <br />3 <br />S <br />r D <br />N <br />x <br />r <br />eppc <br />w <br />Ul <br />N <br />N <br />W <br />N <br />THIS AGREEMENT made and executed this 3 day of lq Yr / , 20 03, by FIVE POINTS BANK, hereinafter <br />referred to as "Subordinating Creditor" (whether one or more), for the benefit of HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party ". <br />WITNESSETH: <br />WHEREAS, MICHIAL D NIELSEN and LINDA J NIELSEN, (whether one or more), hereinafter referred to as "Debtor', <br />has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated March 2, 2001, and filed in the office of the Hall County <br />Register of Deeds, on the 9" day of March, 2001, as Document No.200101856, in respect to that real estate described as: <br />LOT 4 AND THE SOUTH 18 FEET OF LOT 5, BLOCK 2, BURGER'S ADDITION TO THE VILLAGF. OF DONIPHAN, <br />HALL COUNTY, NEBRASKA <br />WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to he <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 first lien position in and to the Collateral; <br />NOW, THEREFORE, it is agreed: <br />I. 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 Parry in respect to the Collateral. <br />2. The Subordinating Creditor hereby consents to the Debtor granting Seemed 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 amount of Ninety One <br />Thousand Dollars and nu /00 Dollars ($91,000.00), recorded in the office ofthe Hall County Register of Deeds on the day <br />of Vi,,.Prt\ ,gDf�j_, as Document No. o1"O3—(')glq <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 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 drat <br />Collateral is, in all respects, subject and subordinate to the security interest ofthe Secured Party to the extent ofthe principal sum yet <br />owing to Secured party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto, however <br />evidenced. <br />4. So long as any portion of the described obligation to the Secured Party is outstanding and unpaid, the provisions of the <br />Decd of Trust or other instrument of security between the Debtor and the Secured Party are controlling as to the Collateral in which <br />Secured Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien <br />instrument 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 />successor, 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 and agrees that the Promissory Notes or other instruments of indeb ress of the Debtor <br />evidencing the obligation between the Debtor and the Secured party may from time to time be renewed, to ded, modified, <br />compromised, accelerated, settled or released, without notice to or consent by the Subordinating Credi r. <br />m <br />CD <br />N <br />C <br />r-r <br />5 <br />