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<br />200510606 <br /> <br />Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Box 176 <br />Topeka, KS 66601 <br /> <br />Subordinate Mortgage <br /> <br />THIS SUBORDINATE MORTGAGE (Mortgage) is made on September 30.2005 <br />grantor is Daniel J Dryer. a sinQle person <br /> <br />. The <br /> <br />(Borrower). This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and <br />existing under the laws of the United States of America, and whose address is One Security Benefit PI. Ste 100, <br />Topeka, KS 66606, its successors and assigns (Lender). Borrower owes Lender the principal sum of FOUR <br />THOUSAND 00/100 Dollars (U.S. $ 4.000.00 ). This debt is evidenced by Borrower's <br />note dated the same date as this Mortgage (Note). The Note provides for no payments if the Borrower complies with <br />the terms of the Note. The loan evidenced by the Note and secured by this Mortgage (Loan) is being made pursuant <br />to the Affordable Housing Program as implemented by Lender (12 U.S.C. 14300); 12 CFR Part 951). <br /> <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) TIERONE BANK <br />(Senior Lien Holder), which loan is secured by a first mortgage lien on the Property (First Mortgage). The documents <br />evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan <br />Documents. <br /> <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, <br />subject to the rights of Senior Lien Holder under the First Mortgage, the following property, to-wit: <br /> <br />East Forty One (41) feet of Lot Nine (9) and West Nineteen (19) feet of lot Ten (10), Block Eight (8), <br />Morris Fifth Addition to the City of Grand Island, Hall County, Nebraska. <br /> <br />(which has the address of: 414 E 18th St. GRAND ISLAND. NE 68801 ), <br />to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements <br />now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of <br />the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to <br />in this Mortgage as the Property. <br /> <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, <br />grant and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to <br />Senior Lien Holder, the Property is unencumbered. Borrower warrants and will defend generally the title to the <br />Property against all claims and demands, subject to such encumbrances of record. <br /> <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 1/6oth of the original principal <br />balance of the Loan for each month the Loan is outstanding. Such monthly reductions shall take effect in arrears on <br />the same day of the month the Loan was originally made. <br /> <br />2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior Lien Holder <br />prior to a designation of a default under the Note. The notice shall specify: (a) the default; (b) the action required to <br />cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower (and with respect to <br />Senior Lien Holder, 60 days from the date the notice is given to Senior Lien Holder), by which the default must be <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in designation of <br />a default under the Note and the sale of the Property. The notice shall further inform Borrower of the right to reinstate <br />after designation of a default and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to a designation of default and sale. If the default is not cured by Borrower on or before the date <br />specified in the notice, and Senior Lien Holder has not exercised its right to cure the default, then Lender at its option <br />may designate a default and require immediate payment of all sums secured by this Mortgage without further <br />demand and may invoke the power of sale and any other remedies permitted by applicable law. Notwithstanding <br />Lender's right to invoke any remedies hereunder, Lender may not commence foreclosure proceedings or accept a <br />deed in lieu of foreclosure, or exercise any other rights or remedies hereafter until it has given Senior Lien Holder at <br />least 60 days' prior written notice. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this section 2, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br /> <br />Page 1 of 2 <br />