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. <br /> r~. <br />~ <br />~ <br />~ <br /> <br />~ ~ ~-I <br />W ~~,. <br />~a ~.. <br />....~ ~. <br />~• ~wr ~ <br />~..^ <br />~. <br />~~ <br />~~ <br />.~~ y <br /> <br />~~ <br />n <br />~~ <br />d <br />m <br />~~ ~~ . <br />~, <br />rr, <br />rT~ <br />rv <br />~ c a c,F> <br />~ ~ <br />~ ~ <br />~a ~ m <br />--c ~ <br />-~ c, <br />c.~ <br />coo <br />c~ '*~ <br />_*, - ~. <br />~~ r~ 1 <br />n rx~ <br />r-^ :.~ <br />r-- zr <br />to <br />--~r-- <br />o <br />rn <br />Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Box 17b <br />Topeka, KS b6601 <br />Subordinate Mortgage <br />THIS SUBORDINATE MORTGAGE (Mortgage) is made on May 7th 2010 .The grantor is <br />Matthew C Fleming and Amber L Flemine. husband and wife <br />(Borrower). <br />This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and existing under the <br />laws of the United States of America, and whose address is One Security Benefit Pl. Ste. 100, Topeka, KS 66606, <br />its successors and assigns (Lender). Borrower owes Lender the principal sum of Two Thousand and 00/100 <br />Dollars (U.S. $ 2,000.00 ). <br />This debt is evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note provides for no <br />payments if the Borrower complies with the terms of the Note. The loan evidenced by the Note and secured by this <br />Mortgage (Loan) is being made pursuant to the Affordable Housing Program (AHP) as implemented by Lender (12 <br />U.S.C. 1430(j); 12 CFR Part 951). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from CharterWest National <br />Bank (Senior Lien Holder), <br />which loan is secured by a first mortgage lien on the Property (First Mortgage). The documents evidencing or <br />securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. <br />This Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Borrower <br />irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, <br />subject to the rights of Senior Lien Holder under the First Mortgage, the following property, to-wit: <br />The Southerly 2.50 Feet of Lot Thirteen (13) and all of Lot Fifteen (15), in Block Ten (10), in University <br />Place, an Addition to the City of Grand Island, Hall County, Nebraska, and that part of Vacated Prospect <br />Street more particularly described in Oridinace No. 4979, filed February l 1, 1971 in Book 21, Page 441 <br />(which has the address of: 2204 N Howard Ave Grand island , NE b8803 ) <br />to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements <br />now or hereafter erected on the property, and all easements, appurtenances and fixtures now ar hereafter a part of <br />the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred <br />to in this Mortgage as the Property. <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, <br />grant and convey the Property anal, except for the First Mortgage and other encumbrances of record acceptable to <br />Senior Lien Holder, the Property is unencumbered. Borrower warrants and will defend generally the title to the <br />Property against all claims and demands, subject to such encumbrances of record. <br />1. PAYMENTS. The principal of the debt evidenced by the Nate shall be due and payable in the event <br />Lender designates a default under the Note. It is a default under the Note if: (a) Borrower (or at least one <br />of borrowers if more than one borrower) does not continue to occupy the Property as Borrower's principal <br />residence; ar (b) Borrower transfers the Property to another (other than Senior Lien Holder) without prior <br />notice to Lender. (c) Subsequent owner does not meet AHP income requirements. (d) In the case of a <br />refinancing prior to the end of the term of the Note, an amount equal to a pro rata share of the direct <br />subsidy that financed the purchase, construction, or rehabiNtation of the unit, reduced for every year the <br />occupying household has owned the unit, shall be repaid to the Bank, from any net gain realized upon the <br />refinancing, unless the property continues to be subject to a deed restriction or other legally enforceable <br />retention agreement or mechanism. Provided that the Lender does not designate a default under the Note, <br />the amounts due and payable under the Note will be forgiven as follows: The principal amount of the <br />Loan shall be reduced over the first 5 years by 1 /60th of the original principal balance of the Loan for each <br />12857.CV (5/09) 903711 <br />Page 1 of 3 <br />Revised Feb 2006 <br />m <br />a ~ <br />_.g <br />rv ~ <br />~ ~ <br />O <br />r--+ ]~ <br />o ~ <br />~ ~ <br />W ~ <br />F--+ C <br />f__,, rn <br />z <br />D <br />~-. <br />~~ <br />~~, <br />coTO(noof7e7a) <br />