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~~ rn = ~ <br />(,~ c n ~"_ <br />.~.~ ~ ~ v ~ <br />N ~~ ~ ~~, <br />~~ <br />~~ <br />m ~` ~ = 0 <br />~ ~~ <br />~ ~~ <br />~ ~~ ryi Q <br />~~^ `'7 <br />~~ <br />~~ <br />~.~ <br />SUBORDINATION AGREEMENT <br />~~ <br />m~ ~ <br />~, ~ w <br />-n ~ c+a? <br />rn --~ <br />r~, ~ ~ <br />v <br />W <br />0 <br />Cm <br />~~ <br />~~ <br />~m <br />-~ <br />~~ <br />-~ c:, <br />p ~ <br />rn <br />~' rn <br />r ~ <br />r y. <br />cn <br />~e <br />~.~ <br />0 <br />~~ <br />o b <br />~~--- y <br />d ~ <br />~ ~ <br />-~-i <br />tv ~ <br />W C <br />CLJ <br />CG <br />z <br />0 <br />-~_ <br />THIS AGREEMENT made and executed this 15th day of January, 2010 by and between HOME FEDERAL SAVINGS AND U~ <br />LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and `ti. ~' <br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". ,' <br />.. '~"~~: <br />i i ;n, :. ~~;, <br />m....,_,.,..:;: W~tEA~; Lard D Schmidt and Sandra L Schmidt, (whether one or more), hereinafter referred to as "Debtor", has granted <br />to the Subordinating Creditor a Mort~age or Deed of Trust dated November 1, 2002, and filed of record in the office of the Hall <br />County Register of Deeds, on the 18 day of November, 2002, as Document No. 200212696 in respect to that real estate described as: <br />Lot One (1), Paradise Lake Estates Fourth Subdivision, 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 />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 One Hundred <br />Fifty )Fight Thousand and 00/100ths :Dollars ($158,000.00), recur e 'n the office of the Hall County Register of Deeds on the <br />day of January, 2010, as Document No. <br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness evidenced by Promissory <br />Notes or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secured Party's interest in the Collateral <br />shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that <br />Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent of the principal sum yet <br />owing to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto, <br />however evidenced. <br />4. So long as any portion of the described obligation to Secured Party is outstanding and unpaid, the provisions of the Deed <br />of Trust of other instrument of security between the Debtor and the Secured Party are controlling as to the Collateral in which Secured <br />Party is to have a first security interest, including any time there is a conflict between it and the provisions of any lien instrument <br />granted to the Subordinating Creditor by the Debtor. <br />5. 'Phis Agreement is a continuing, absolute and unconditional agreement of subordination without regard to the validity or <br />enforceability of the Promissory Notes or other instruments of indebtedness between the Debtor and the Secured Party evidencing <br />sums due or documents granting a security interest in t~ Co~lat$r~l, a}'r~~p~ct~ve 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 />