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<br />'\1; <br />REpRECORDEO.:,i{ <br /> <br />20 0 8 0 2 90 2' SUBORDINATION AGREEMENT <br />~ORRECTIVE) <br />THIS AGREEMENT made and executed this 17 day of March, 2008, by and between HOME FEDERAL SAVINGS AND -C-7 <br />LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and - i\'i' <br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". \. "0 <br />WITNESSETH: <br /> <br />e 10 n ~ e <br /> m ~ C;~Ci \} <br /> .." <br /> C n:r; <br />('l Z X <br />J: ~ 0 6. <br /><"" ~ <br />n '^ ~ <br />~ :x: <br /> ! <br /> I <br /> <br />-0 <br />::3 <br /> <br />". <br />C1 <br />W <br /> <br />.- <br />'" <br /> <br />p <br />:- <br />~ <br />i <br /> <br />,-" <br />2 <br />co <br /> <br />O(l!l <br />0-,4 <br />G:;:);oo <br />2:-4 <br />-4/T1 <br />-<0 <br />o -., <br />""a <br />:::r: /TI <br />)00. <br />...-;i:J <br />...-,.. <br />(/l <br />:Jlo: <br />~ <br />-- <br /> <br />N <br />S <br />\S) <br />OJ <br />\S) <br />N <br />N <br />m <br />0... <br /> <br /> <br />::3 <br />:::0 <br />::::0 <br />foo--& <br />CD <br /> <br />~ <br />:::o~~ <br />~ ).. <br />o <br />~ N. <br /> <br />~( <br /> <br />WHEREAS, KC Hehnke and Deborah M Helmke, (whether one or more), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dated April2l, 2005, and filed of record in the office of the Hall County <br />Register of Deeds, on the 2151 day of April, 2005, as Document No. 200503756 in respect to that real estate described as: <br /> <br />m <br />o~ <br />:D <br />r'\Jm <br />00 <br />)> <br />o en <br />co2 <br />en <br />c> -I <br />:0 <br />r'\J c: <br />N iJfi <br />en ~ <br />CO Z <br />o <br /> <br />Fart of the Northeast Quarter of the Southeast Quarter (NEl/4 SEl/4) of Section Four (4), Township <br />Twelve (12) North, Range Eleven (11) West of the 6th P.M., in HaD Connty, Nebraska, more particularly <br />described as follows: Beginning at the northeast corner of said Northeast Quarter of the Southeast <br />S E 1 /4 Quarter (NEl/4 EEt1tlJt thence running sputherly along the east line of said Northeast Quarter of the <br />Southeast Quarter (NEl/4 SEl/4), a distance of Five Hundred Fifty (550.0) feet; thence deflecting right <br />89026'34" and running westerly a distance of Eight Bundred Thirty One and Sixty Four Hundredths <br />(831.64) feet; thence deflecting right 90"33'26" and running northerly a distance of Five Hundred Fifty <br />(550.0) feet, to a point on the north line of said Northeast Quarter of the Southeast Quarter (NE1I4 <br />SEl/4); tbence deflecting right 89026'34" and runoing easterly along the north line of said Northeast <br />Quarter of the Southeast Quarter (NEl/4 SE1I4), a distance of Eight Hundred Thirty One and Sixty Four <br />_ . H~n9~t!!~.!~~"~~~~)"f~t~ to t~? point of beginning. <br /> <br /> <br />t~:~ ~Potty ~~: .",oed to ent... mto . loan transaction with the Debto" whereby certain funds "" 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 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 <br />Two Hundred Twenty Three Thousand Four Hundred Fifty and OOIlOOths Dollars ($223,450.0~, recorded in the office of the Hall <br />County Register of Deeds on the 11'- day of March, 2008, as Document No. aCTtE-~ 6{) . <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 attaclunent 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 consc.mt"bythe S"v1li?rsJPtating Creditor. <br /> <br />.. <br /> <br />" . <br />