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<br /> ;:a on <br /> m ~~i, i <br /> "'T1 <br /> P c: n::x:;"" <br /> Z r......".> <br /> () '" (:;::",:,,:)- <br /> n c e..:..':) <br />N :0- x "-':l <:..r. <br />es t m )> (I) <br />() (I) r"'" ... '_'J <br />G ;,l:) (,\ r'"f""l <br />'" ::x:; ~ ,- <br />()'I I'" J"" --0 <br /> "- <br />G ~ 4;;':; ^ <br /> , r'0 <br /><0 0> "I' <br />m ~ .,..,., -:J <br />G ~'" ( <br /> ,,:J \,' <br />0:> ~ () I'll t --0 <br /> r"Tl :::3 <br /> '":l e <br /> V> \'" <br /> ~ ~ <br /> I-" <br /> SUBORDINATION AGREEMENT 0 <br /> <br />o (/; <br />o ,-~ <br />c::p. <br />z -.; <br />-l P'! <br />-< c> <br />0.......,...' <br />-" ::;:: <br /> <br />o <br />N <br />o <br />C) <br /> <br />f <br />G:- <br /> <br />(,/) <br />^ <br />J> <br /> <br />- <br />=:s <br />~ g <br />en j <br />CJ ....... <br />co 2 <br />r <br />---- <br />~ <br /> <br />, t) <br /> <br />U1 <br /> <br />'~:~~ ;:" I I <br /> <br />r ,'. <br />r ~ <br /> <br />---- ---- <br /> <br />(E) <br />C/') <br /> <br />THIS AGREEMENT made and executed this 23rd day of September, 2005 by and between HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditoi'(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 />WHEREAS, JAMES L HARDER and MARY K HARDER, (whether one or more), hereinafter referred to as"Debtof', has <br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated August 31, 2005 and filed of record in the office of the Hall <br />County Register of Deeds, on the 1st day of September, 2005 as Document No. 200508666 in respect to that real estate described as: <br /> <br />Lot Forty One (41), Country Meadows Second Subdivision, in 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 Creditois 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 />I. 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 One Hundred <br />Ten Thousand and 00/100ths Dollars ($110,000.00), recorded in the office of the Hall County Register of Deeds on the d6 ~ day <br />of September, 2005, as Document No. tiUroS - 0955 I <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 Creditois 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 />