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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 />