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Z c::> 0 <br /> n ~ C4:::J o -j <br /> % R 0 ~ cl> f'V <br /> f!' <=- :z-j <br /> (q ~~f = -1m 1;9 <br />N Z 0 <br />\Sl ~ ::c ~ -<0 6; <br />\Sl ...... 0-" 0 <br />(D ~ en -"z Z <br />\Sl ...., ~ CD <br />is) D 0 ::::r: r'l 5j <br />N fT1 t -U :t:>- (;;:! <=) <br />(D fT1 ::3 r ::u <br />+::0 0 r :t:>- O c: <br /> (J) (n 3: <br /> c..:> ^ f'V m <br /> :t:>- CD ~ <br /> c....:> ................ <br /> -.J (f) ...J: 2: <br /> (j) 0 <br /> SUBORDINATION AGREEMENT <br /> <br /> <br /> <br />THIS AGREEMENT made and executed this 14th day of January, 2009, 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 />C7\..S"-. <br />o <br /> <br />'I <br />\.....:-. <br /> <br />WHEREAS, Steven W Voss and Jodi L Voss, (whether one or more), hereinafter referred to as "Debtor", has granted to the <br />Subordinating Creditor a Mortgage or Deed of Trust dated June 20, 2006 and filed of record in the office of the Hall County Register <br />of Deeds, on the 22nd day of June, 2006, as Document No. 200605609 in respect to that real estate described as: <br /> <br />Lot Thirty Nine (39), 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 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 />Forty Six Thousand & OOIlOOths Dollars ($146,000.00) recor ed in the office of the Hall County Register of Deeds on the I,,~ <br />day of January, 2009, as Document No. <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 /> <br />