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~ ~ ~ <br /> <br />C C ~_ .~ <br /> <br /> <br />Q ~ ~ ~ <br /> <br />m tv <br />~ <br />tv ~ ~ = D ~ ~ ~ ~~ ~ -` ~=' ~ O <br /> <br />0 ~ ~ _ ~ n ~- <br />' z. i~w~ Z <br />_ <br />~ ~ Q, ~ ~ ~~ n ~ <br />~ <br />~ ~ ~. r <br />to c~ <br />' C <br /> ~ ~ t! <br />i ~ <br /> <br />h-~ <br />~~ <br />~ C~ <br /> [s] ~ -~7 <br />~~ ~ ~ <br />SUBORDINATION AGREEMENT <br />0 <br />THIS AGREEMENT Iriade and executed this ~h~ " day of December, 2009, by and between HOME FEDERAL ~3 <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or G <br />more), and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured <br />Party". <br />W-ITNEfi5ETFIt __.._,,._. _.._......_. _ ._._. - - . -_ _ _ <br />WHEREAS, Stephen C Joel and Linda L Joel, (whether one or more), hereinafter referred to as "Debtor", has granted to the <br />Subordinating Creditor a Mortgage or Deed of Trust dated June 4, 2009, and filed of record in the office of the Hall County Register <br />of Deeds, on the 15th day of June, 2009, as Document No. 0200904735 in respect to that real estate described as: <br />Lot Six (6), Slock One (1), in Ponderosa Lake Estates Fourth Subdivision, an Addition to the City of Grand Island, Hall <br />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 />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 Patty 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 Two Hundred <br />Eighty Two Thousand Eight Hundred Seventy Five & 00/100ths Dollars ($282,875.00), recorded in the office of the Hall County <br />Register of Deeds on the 30th day of October, 2009, as Document No. 200908712 <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 />