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~. ~ <br />~ ~ _ ~~ <br />~ n z <br />~--- rn ~ N 7C <br />rU ~~ <br />~~ ~ n N <br />~ <br />° ~ <br />~. <br />~ ~~ <br />~ ~ <br />i/y <br />~~A <br /> <br />.~~^ <br />"'~ <br /> fn <br />S ORDINAT ON AGREEMENT <br />O <br />_~ <br />THIS AGREEMENT made and executed this ~~ day of May, 2009, by and between HOME FEDERAL SAVINGS C <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 />WHEREAS, Tammy L Carpenter and , (whether one or more), hereinafter referred to as "Debtor", has granted to the <br />Subordinating Creditor a Mortgage or Deed of Trust dated March 20, 2009, and filed of record in the office pf the Hall County <br />Register of Deeds, an the 27a' day of March, 2009, as Document No. 200902222 in respect to that real estate described as: <br />Lot Twenty-five (25), Indianhead Seventh Subdivision in the City of Grand Island, Hall County, Nebraska. <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 />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 />NOW, THEREFORE, it is agreed: <br />l . 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 hereinabave 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 tien in all the Collateral as <br />described above to secure indebtedness to be advanced to Debtor by Secured Forty, in the original principal amount of Ninety <br />nusan an 00 10 s Dollars ($90 000.00 <br />~~~1 /f ), recorded in the office of the Hall County Register nfDeeds on the ~7~day of <br />7 ., _... _.w. ._M~,.-...... <br />May, 2009, as Document N . f~q , <br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness ~e'~ideti~ed by Promissory <br />Notes or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secured Party"~.intirr', irx: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 />awing to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto, <br />however evidenced. <br />4. 50 long as any portion of the described obligation to Secured Party is outstanding and unpaid, the provisions of the Deed <br />of Trust of ether 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 pmvisivns of any lien instrument <br />granted to the Subordinating Creditor by the Debtor. <br />5. This Agreement is a continuing, absolute and unconditional agreennent 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 ganting 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 pf 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 /> a~ <br /> o ~ <br /> ~~ ~ ~ ~ rv ~ <br /> <br /> <br /> =~ rv c7 ~r, c,~ a <br />,, -.a -n ~ cn <br /> co <br /> ~ <br />~ ~ r- ~ ~ <br /> r- A ~~ ~] <br />~ ~ <br /> ~' ~, <br /> <br /> ~ ..r ..-- <br /> © <br /> ~ Z <br />