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~s <br /> <br />~ <br />~ <br />~ ~ ~Y <br />~ e <br />~ <br />. ~~ c~ra <br />~ C] -1 <br />~ _.~ <br /> <br />~ <br />~ <br />Z , <br />~' <br />rn ~ <br />c <br />m <br />~ fT7 <br />C~17 <br /> ,, <br />~ <br />~ ~` ~ c~ <br />~~ O ~ ~ "~ ~"' ~ t~ <br />(~ ter. <br />~ ~ <br />~ _ ~ ~~ ~ T (Tl ~ <br /> ~ "'C7 A cra <br />V ~ ( ~ ~ l <br /> C. ~ ~ <br />~ <br />"~ C .7 ~"'"` `~. ~1 <br />1 <br />1 <br /> S Ua -~ <br />.~ <br />y <br /> <br />~ "'1 <br /> <br />~~ <br />SUBORDINATION AGREEMENT <br />THIS AGREEMENT made and executed this ~ ~~ day of December, 2009, by Platte Valley State Bank & Trust Co. Inc., <br />hereinafter referred to as "Subordinating Creditor" (whether one or more), for the benefit of HOME FEDERAL SAVINGS AND ~~ <br />LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". <br />WITNESSETH: <br />WHEREAS, Jay E Gnuse and Deborah D Gnuse, (whether one or more), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dated April 24, 2008, and filed in the office of the Hall County Register of <br />Deeds, on the 9th day of May, 2008, as Document No. 200804002 in respect to that real estate described as: <br />Lot Twelve (12), Morningside Acres Third 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 />WI-IEREAS, 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 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 Seventy Three <br />Thousand Five Hundred Fifty & 00/100ths Dollars ($73,550.00), re orded 'n the office of the Hall County Register of Deeds on the <br />~~~ day of December, 2009, as Document No. _O~G~9 -~7~p <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, however <br />evidenced. <br />4. So long as any portion of the described obligation to the Secured Party is outstanding and unpaid, the provisions of the <br />Deed of Trust or other instrument of security between the Debtor and the Secured (arty 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 lien <br />instrument 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 and 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 />