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Q c x a rn <br />M CA <br />,•� s <br />71 n x r; r a< '' CD <br />.,ae ` � <br />r'r <br />^ r' <br />.-3 � �,. cn <br />7'C <br />- C,] w `. CD p^h <br />CD <br />0 <br />SUBORDINATION AGREEMENT �- <br />THIS AGREEMENT made and executed this 2-5* day of �, Z[�Gc� , by _FIVE POINTS BANK <br />, hereinafter referred to as "Subordinating Credit r" (whether one or snore), for the benefit of HOME <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND; hereinafter referred to as "Secured Party". -- - . <br />WITNESSETH: <br />WHEREAS, SHEILA R HULME and , (whether one or more), hereinafter referred to as "Debtor ", has granted to the <br />Subordinating Creditor a Mortgage or Deed of Trust dated January 23, 2002, and filed in the office of the HALL County Register of <br />Deeds, on the 25th day of January, 2002, as Document No. 0200200999, in respect to that real estate described as: <br />The Westerly Thirty She Feet Four Inches of the Southerly Half (S1/2) of the Westerly Seventy Four and <br />one Quarter Feet (W74 1/41 of Lot Nine (9) of the County Subdivision, of the South Half of the <br />Southeast Quarter (S1/2SE1 /4) of Section Sbdeen (16), in Township Eleven (11) North, of Range Nine (9) <br />West of the 6th PA., being a rectangular piece of ground having a Southerly frontage of 36 feeitfour <br />inches on Louise Street and a depth of 180 feet, Hall County, Nebraska. <br />WHEREAS, the Secured Party 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 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 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 Thirty <br />Thousand Six Hundred dollars and No /00 Dollars ($30,600), recorded in the office of the HALL County Register of Deeds on the <br />% day of e� 0 a F- , 4 , as Document No. 02 oo,5 ) 5 i 03 <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 that <br />Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent of the 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 />Deed 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 />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 and 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 />/ /`S rdisting Creditor" <br />Q�11 <br />