<br /> ;10 ~(? m
<br /> m J'-~'~,' Z
<br /> ..,.1 e,:',,,::! 0 (1' --01
<br /> a (~~~)
<br /> c: n:E: ~.,:'l:'\ co C) --I m C)
<br /> . z c..- !:~ :JJ
<br /> - If"i'l ~ 0 " ... \.". ,'\ Z ...... rn r0
<br /> . % ::n r'~ --I rTl I.::)
<br /> > "'" ~) r"t'[ CD C)
<br /> n (,fJ ''':; -< (-" )>
<br />tv t:J i'C :E: c) I---" C) ~f'J (f.) C)
<br />s I -,.' CD -'11 =;:
<br />S ~ 7'; ""..- "'- co
<br /> C"J rT1 0?
<br />OJ ~y \_,.l:,,~\ ~.- -..i
<br /> r"', -0 ;:..1- , ... C)
<br />S r" ~ r- ~n ::rJ
<br />-->- l-;J ::3 r Jo>- e: I---"
<br />W (f) _':;;A
<br /> (n :s~
<br />S II (....) ^ rn G.J
<br />OJ t-
<br /> ",.- :::1 C)
<br /> CJ --
<br /> W -..
<br /> en .s::;:.. CO
<br /> en 0
<br />
<br />o
<br />/ /.00
<br />
<br />THIS AGREEMENT made and executed this J J~h day of February, 2008, by and between HOME FEDERAL
<br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or
<br />more), and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured
<br />Party".
<br />
<br />SUBORDINATION AGREEMENT
<br />
<br />WITNESSETH:
<br />
<br />WHEREAS, TIMOTHY W LESSIG and DEBRA J LESSIG, (whether one or more), hereinafter referred to as "Debtor", has
<br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated June 12,2007, and filed of record in the office of the Hall
<br />County Register of Deeds, on the 2nd day of July, 2007, as Document No. 200705545 in respect to that real estate described as:
<br />
<br />Lots One Hundred Thirty Four (134) and One Hundred Thirty Five (135) in Belmont Addition to the City of Grand Island,
<br />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 ofthe 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 Sixty Two
<br />Th7~ Hundred & OO/lOOths Dollars ($62,500.00), recorde.d in the offJ'Je ofthel!~Ilc9. ounty Register of Deeds on the
<br />day ofFebruary, 2008, as Document No. c~ l:/D If b r) .
<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 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 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 />
|