|
<br /> p ;'0 n~/
<br /> m :r:
<br /> "'T1 m (J1 . fi1t
<br /> r0- c: n :t
<br /> ~ () z ^ r...;;J l\i
<br /> '1: () 0 C::;.j G> (1)
<br /> >- !~, ""-:;'
<br /> In "" ~ <:) -' Q
<br />N i n (I) r":':l.'~'", c: JS. N
<br />1l\ ::I: ....... ~'~- Z -~
<br />S .~'..., ;;:; " C::J rr1 ~
<br />S ~ "'1 (5- =: -~ C>
<br />-..J C) ~'- -"- -< 0
<br />.... CY Q '""S w 0 ., 0 -
<br />S -"""t., Q " "'"r i\
<br />(5) (,.;, ~_. --.J
<br />-..J (;;':J :c I'll
<br />S , no, r;:.... "U )':;0- CD I-"
<br /> '''") f' =:3 ,.- ::;0
<br /> <;;;;J r .1..... C)
<br /> V) (:'. (j)
<br /> t- c....:> ^ C)
<br /> ~~
<br /> f"V --- '-" -...J I
<br /> w ((J 0
<br /> SUBORDINATION AGREEMENT (J)
<br />
<br />THIS AGREEMENT made and executed this 27th day of November, 2007 by and between HOME FEDERAL SA VINGS
<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 "Secured Party".
<br />WITNESSETH:
<br />
<br />c:;:;- ~
<br />
<br />. ,
<br />
<br />WHEREAS, DANIEL J GIESE and, (whether one or more), hereinafter referred to as "Debtor", has granted to the
<br />Subordinating Creditor a Mortgage or Deed of Trust dated July 13,2003 and filed of record in the office of the Hall County Register
<br />of Deeds, on the 24th day of July, 2003 as Document No. 200309524 in respect to that real estate described as:
<br />
<br />Lot One (1), Block Two (2), Lakeview Addition to the City of Grand Island, Hall County, Nebraska.
<br />
<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 />
<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 />
<br />NOW, THEREFORE, it is agreed:
<br />
<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 Collatera1.
<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 One Hundred
<br />Eleven Thousand Five Hundred & OO/lOOths ($111,500.00), recorded in the office of the Hall County Register of Deeds on the
<br />c08'tl. day of NDVeMbec , 2007 as Document No. ({)(JfJ7-/CDIQ .
<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,
<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 the Secured 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 />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 Collatera1.
<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 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 />
|