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() z ~ <br /> ~ ~ ~ c <br />I'\.) ." ~ <br />IS I () Con <:::) <br />IS ~ ::J: <br />CO ~ <br />~ <br />IS <br />I'\.) <br />W <br />I'\.) <br /> <br /> <br />SUBORDINATION AGREEMENT <br /> <br /> m <br /> ,"'V :z <br /> ~ ow 0 -t <br /> <.:=:3 O-{ m <br /> ClC> <br />~f cl> N :0 <br />c:l z--l 1:9 <br />rr1 --IrTl 0 <br />r'Tl - c:. -<0 )::to <br />0,- ...... 0""" c::::> en <br /><=> -.J ""z co :z <br />"""Tl tt~ :J: [1'1 ~ <br />0 )>CXJ ...... <br />rr1 l -0 ,:::0 :0 <br />r"fJ ::3 .. l> C) c: <br />0 w s: <br />U'J N <br />.....t: ;;:00;: m <br /> p- c....> ~ <br /> ...... ~'........... <br /> c.,.) en r"\) Z <br /> c.n 0 <br /> U <br /> /cJ,5o <br /> <br />THIS AGREEMENT made and executed this 16th day of December, 2008, by and between HOME FEDERAL SAVINGS <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 />WHEREAS, George T Ayoub II and Jacalyn A Ayoub, (whether one or more), hereinafter referred to as "Debtor", has <br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated April 7, 2008, and filed of record in the office of the Hall <br />County Register of Deeds, on the 16th day of April, 2008, as Document No. 0200803162 in respect to that real estate described as: <br /> <br />Lot One (1), in Block Two (2), Parkhill Subdivision 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 ColIateral 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 One Hundred <br />Twenty Three Thousand Seven Hundred Fifty and OO/lOOths <br />Dollars ($123,750.00), recorded in the office of the Hall County Register of Deeds on the Jr1 day of l)e.rernbe.r <br />fYtfJf:. , as Document No. f)(1)'g - /6d,-~ 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 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 />~nforceaMlit;C1)ftfle~Pi"O~is80ryNotes or other instruments of indebtedness between the Debtor and the Secured Party evidencing <br />sumil,due" or ~9'2ui:htp!s~granting' a security interest in the Collateral, irrespective of the time or order of attachment or perfection of the <br />securityinteres~ inthe,Collateral or the order of filing the Deeds of Trust or other instruments of security with respect to the Collateral. <br />- .. --6.l'liis'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 /> <br /> <br />~ <br /> <br />B andstrom, President and CEO <br />HOME F DERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND <br />"Secured Party" <br />