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<br />f1 ~~ <br />m Con <br />n:I: <br />~ <br /> <br /> Ii' = <br /> ~ <br /> c <br /> :'Ill n Z <br />N ~ l: ~ C <br />s "" en <br /> .. <br />s n <br /><0 I ~ :c <br />s <br />N <br />S <br />0:> <br />01 ~.,' , 'i ;, <br /> ...., , <br /> <br />~ <br /> <br /> ~ ~ <br /> c::o C? Vi <br /> ~ C) <br />~$ ~ 0-1 <br />::3 Cl> r'\) <br />z-l :0 <br />= -ifTl C) I!J <br />=0 -<0 <br />r"\,) o "'Tl c::> ~ <br />-T1 (..;) "'Tlz CD en <br />0 tl: ::t: fT1 Z <br />f"T1 r -0 l>OJ 0 ~ <br />f"T1 ::3 r- ;::0 <br />0 r l> N <br />Ul (J) c: <br /> C,) ^ <::) ~ <br /> :l> CO m <br /> C,) ................ ~ <br /> -C (J) (J'1 <br /> (J) Z <br /> 0 <br /> ----~...-- <br /> <br />SUBORDINATION AGREEMENT <br /> <br />TInS AGREEMENT made and executed this 17th day of February, 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 />c:>> <br />~ <br />\2'0 <br />,,~. <br /> <br />WHEREAS, James T Toner and Susan K Toner, (whether one or more), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dated February II, 2008, and filed of record in the office of the Hall County <br />Register of Deeds, on the 19th day of February, 2008, as Document No. 200801275 in respect to that real estate described as: <br /> <br />Lot Thirty.Five (35), INDIANHEAD 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 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 One Hundred <br />Five Thousand and OOl/OOths Dollars ($105,000.00), recorded in the office of the Hall County Register of Deeds on the 1 ih day of <br />.February, 2009, as Document No. 200901149. <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' sinterest in that <br />Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent ofthe 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 />S. 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 />