Return recorded mortgage to:
<br />C" F'HLBank Topeka
<br />rn P.O. Box 176
<br />Topeka, KS 66601
<br />ctrl
<br />C7
<br />,-, Subordinate Mortgage
<br />200502999
<br />N --L
<br />p THIS JI9,�ORDVaTE MORTGAGE (Mortgage) is made on April 5, 2005. The grantor is Corby J Parker
<br />(Borrower). This l' bitgage 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 One Security Benefit Pl. Ste. 100, Topeka, KS
<br />66606, its successors and assigns (Lender). Borrower owes Lender the principal sum of Four Thousand Dollars (U.S.
<br />$4,000.00). This debt is evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note
<br />provides for no payments if the Borrower complies with the terms of the Note. The loan evidenced by the Note and
<br />secured by this Mortgage (Loan) is being made pursuant to the Affordable Housing Program as implemented by
<br />Lender (12 U.S.C. 14300); 12 CFR Part 951).
<br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from Security First Bank (Senior
<br />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 />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 />Lot Ten (10), in Block Four (4) in Koehler Place, an Addition to the City of Grand Island, Hall County, Nebraska
<br />(which has the address of. 247 S Oak, 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 the
<br />property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in
<br />this Mortgage as the Property.
<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 />1. PAYMENTS. The principal of the debt evidenced by the Note shall be due and payable in the event
<br />Lender designates a default under the Note. It is a default under the Note if. (a) Borrower (or at least one of
<br />borrowers if more than one borrower) does not continue to occupy the Property as Borrower's principal
<br />residence; or (b) Borrower transfers the Property to another (other than Senior Lien Holder) without
<br />obtaining the prior approval of Lender. (Lender's approval will be given if the new Property owner assumes
<br />the Note and satisfies the same qualification requirements Borrower was subject to when Borrower initially
<br />obtained the Loan.). Provided that the Lender does not designate a default under the Note, the amounts due
<br />and payable under the Note will be forgiven as follows: The principal amount of the Loan shall be reduced
<br />over the first 5 years by 1 /60th of the original principal balance of the Loan for each month the Loan is
<br />outstanding. Such monthly reductions shall take effect in arrears on the same day of the month the Loan was
<br />originally made.
<br />2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior
<br />Lien Holder prior to a designation of a default under the Note. The notice shall specify: (a) the default; (b)
<br />the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower (and with respect to Senior Lien Holder, 60 days from the date the notice is given to Senior Lien
<br />Holder), by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in designation of a default under the Note and the sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after designation of a default and the right
<br />to bring a court action to assert the non - existence of a default or any other defense of Borrower to a
<br />designation of default and sale. If the default is not cured by Borrower on or before the date specified in the
<br />notice, and Senior Lien Holder has not exercised its right to cure the default, then Lender at its option may
<br />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.
<br />Notwithstanding Lender's right to invoke any remedies hereunder, Lender may not commence foreclosure
<br />proceedings or accept a deed in lieu of foreclosure, or exercise any other rights or remedies hereafter until it
<br />has given Senior Lien Holder at least 60 days prior written notice. Lender shall be entitled to collect all
<br />expenses incurred in pursuing the remedies provided in this section 2, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If Lender invokes the power of sale, Lender shall mail copies of a notice of sale in the manner prescribed by
<br />applicable law to Borrower, Senior Lien Holder and to the other persons prescribed by applicable law.
<br />Lender shall publish the notice of sale by public advertisement for the time and in the manner prescribed by
<br />applicable law. Lender, without demand on Borrower, shall sell the Property at public auction to the highest
<br />
|