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u� <br />y <br />ro <br />tai+ <br />ii <br />n <br />t <br />ie <br />y <br />THIS AGREEMENT made and executed this 30th day of December, 2002, by and between HOME FEDERAL SAVINGS <br />AND 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 "Seemed Pan/'. C� <br />WITNESSETH: <br />WHEREAS, WILMA L KOVARIK and JOSEPH R KO VARIK, (whether one or more), hereinafter referred to as "Debtor', t <br />has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated November 2, 1999, and filed of record in the office of the <br />Hall County Register of Deeds, on the 9th day of November, 1999, as Document No. 99- 110836 in respect to that real estate described <br />as: <br />Lot Fourteen (14), Block Two (2), Lake Davis Acres Subdivision, IIill County, Nebraska. <br />WHEREAS, the Seemed Parry 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 Seemed 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 mid subject to the lien of the Seemed 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 Party, in the original principal amount of Seventy <br />'Thousand and 00 /1008 s Dollars ($70,000.00), recorded in the office of the Hall County Register of Deeds on the <br />31 >Y day of December, 2002, as Document No. 7N _ <br />3. So long as an obligation is outstanding from die 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 Parry to the extent of the principal sum yet <br />owing to Seemed 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 die Seemed Party are controlling as to the Collateral in which Secured <br />Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien instrument <br />granted to the Subordinating Creditor by the Debtor. <br />S. 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 mid 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 />? on <br />c 1 <br />u <br />M <br />m <br />O <br />O <br />S <br />Jv <br />� <br />� <br />N <br />tl <br />N <br />SUBORDINATION <br />AGREEMENT' <br />ro <br />tai+ <br />ii <br />n <br />t <br />ie <br />y <br />THIS AGREEMENT made and executed this 30th day of December, 2002, by and between HOME FEDERAL SAVINGS <br />AND 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 "Seemed Pan/'. C� <br />WITNESSETH: <br />WHEREAS, WILMA L KOVARIK and JOSEPH R KO VARIK, (whether one or more), hereinafter referred to as "Debtor', t <br />has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated November 2, 1999, and filed of record in the office of the <br />Hall County Register of Deeds, on the 9th day of November, 1999, as Document No. 99- 110836 in respect to that real estate described <br />as: <br />Lot Fourteen (14), Block Two (2), Lake Davis Acres Subdivision, IIill County, Nebraska. <br />WHEREAS, the Seemed Parry 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 Seemed 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 mid subject to the lien of the Seemed 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 Party, in the original principal amount of Seventy <br />'Thousand and 00 /1008 s Dollars ($70,000.00), recorded in the office of the Hall County Register of Deeds on the <br />31 >Y day of December, 2002, as Document No. 7N _ <br />3. So long as an obligation is outstanding from die 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 Parry to the extent of the principal sum yet <br />owing to Seemed 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 die Seemed Party are controlling as to the Collateral in which Secured <br />Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien instrument <br />granted to the Subordinating Creditor by the Debtor. <br />S. 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 mid 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 />