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... ..................... .. <br />~- <br />~.t~ <br />~~. ~ ~ <br />~ <br />~ <br />ca cn <br />c~ -~ ~ <br />rv <br /> <br />1`i'1 <br />~ <br />\ <br />= <br />2 <br />~ ~ C ~~` z ~ <br />c~ <br />~ ~ <br />~ <br />c <br />!'~' n Z ~ _ ~ p • <br />~ ca <br />o ~ c~ <br />_ <br />'1 <br />7'C = <br />r'n r.... ~ Z <br />~ ~~ <br />' <br />, <br />~ <br />~ ~ <br />° r ~ ~ ~ <br />G <br />, ,,~ <br />1 <br />CD Sri. ~ ~ A <br />~ ~: ~ ~ <br /> <br />w~rir ~ <br />~ ,~ CL7 rms., <br />~1 <br /> <br />SUBORDINATION AGREEMENT O <br />~~ THIS AGREEMENT nnade and executed this 27`h day of May, 2009 by Five Points Bank, hereinafter referred to a ~ `s` 5D <br />"Subordinating Creditor" (whether one or more), for the benefit of HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF <br />GRAND ISLAND, hereinafter referred to as "Secured Party". <br />WHEREAS, Jerry R. Watson and Michelle A. Watson, (whether one or more), hereinafter referred to as "Debtor" has granted <br />to the Subordinating Credit a Mortgage or Deed of Trust dated October 7, 2002 & August 7, 2006, and filed in the office of the Hall <br />County Register of Deeds, ou October 15, 2002 and August 14, 2006 as Document No. ~9~i'c~t. 200607194 in respect to that <br />real estate described as: 200211015 & <br />Lot Eleven (11), Virden Subdivision to the City of Grand Island, Hall County, Nebraska <br />WHEREAS, the Security Party has agreed to enter into a loan transaction with the Debtpr, whereby certa in funds are to be <br />advanced to the Debtpr 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 tv the Collateral; <br />NOW, THEREFORE, it is agreed: <br />1. The Subordinating Creditor hereby consents to a subordination of its priority position to the Secured. Party and agrees that its <br />lien in respect to the Mortgage or Deed of Trust hereinabove described, if any, shall at all times be secondary to the extent <br />herein 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 pn all the collateral as described <br />above tp secure indebtedness to be advanced to Debtor by Secured Party, in the original principal amount of Eighty Thousand <br />Five Hundred & 00/ 100ths Dollars ($80,500.00), recorded in the office of the Hall County Register of Deeds pn the <br />1st day of tune, 2009, as Document No. 2 009 04 2 6 ~+ . <br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness evidenced by Promissory Notes <br />or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secured Party's interest in the <br />Collateral shall have priority to over the lien of the Subordinating Creditor in that collateral, and. the Subordinating Creditor's <br />interest irx that Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent <br />of the principal sum yet owirag to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest <br />and costs allocable thereto, however evidenced. <br />4. So long as any portion of the described obligation to the Secured Party is outstanding and unpaid, the provisions of the Deed <br />of Trust or other instrument pf security between the Debtor and the Secured Party are controlling as to the Collateral in which <br />Secured Party is to have a first security interest, including any time there is a conflict between it and the provisions of any <br />lien instrument granted tv the Subordinating Creditor by the Debtor. <br />5. Tlris Agreement is a continuing, absolute and unconditional agreement of subordination without regard to the validity or <br />enforceability pf the Promissory Notes or other instruments of indebtedness between the Debtor and the Secured. Party <br />evidencing sums due or documents granting a security interest in the Collateral, irrespective of the time pr order of <br />attachment or perfection of the security interest in the collateral or the order of filing the Deeds of Trust or other instruments <br />of security with respect to the Collateral. <br />6. This Agreement shall remain in frill force and effect and is binding upon the Subordinating Creditor and upon its successors <br />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 Promisspry Notes or other instruments of indebtedness of the ,Debtor evidencing <br />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 />Kevin R, Wer-rrer, Vice President <br />Five Points Bank <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />Before me, a Notary Public qualified in said County, personally came Kevin R. Werner, as Vice President of Five Points <br />Bank, known to me to be the identical person who signed the foregoing Subordutation Agreerxrent on behalf of such entity, and <br />acknowledged the execution thereof tp be his voluntary act and deed on behalf of such entity. <br />Witness my hand and Notarial seal on this 27`x` day of May, 2009. <br />GENERAL NOTARY - 5tata of Nebraska <br />JONI L. GALLAWAY Notary Public <br />My Comm. F.xp. Nov. 27', 2011 <br />