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,..~~ <br />~..,~..~ <br />~" <br />tl <br /> <br /> <br />awn <br /> <br />r•- r,.:. <br />m <br /> <br />I ~ rn ~ ~ <br />n _ ca u~ d <br /> <br />N ~ <br />L <br />A <br />~ ~ <br />7C ~~ -~ <br />~ ~ <br />rv <br />~7 <br /> <br /> <br /> ~ ~ <br />6 <br />~ ~~ ~ = !mil <br />(\~\ ©~ Ca ^r"1 - F ,. ~ <br /> t <br />~ ~.. ~-1 o ~ ~.: rrt ..:.~ <br />" <br />N <br />- , <br />~, ~, ~ -~p <br />1 rr1 3 a m <br />rw ~ C.~ c <br />t~ <br />^-~ <br /> d <br /> ~ (!> C°' <br /> --~ ~ <br />~~ C~ <br />~~ ~ t~ <br /> ~ <br /> C~ <br /> Return recorded mortgage to: <br /> FHLBank Topeka <br /> P.O. Box 176 <br /> Topeka, KS 66601 <br />~~ <br />Subordinate Mortgage ~' <br />~~. ~ <br />.~ <br />THIS SUBORUINA'T'F.', .MOR'TGAGE (Mortgage) is made on May 21, 2010. The grantor is Kristen Zwick, an unmaz-ried individual <br />(Borrower). This Mortgage is given to the Federal Home Loan Bank of 'T'opeka, a corporation organized and existing under the laws <br />of the United States of America, and whose address is One Security Benefit Pl. Ste. 100, 7bpeka, KS 66606, its successors and <br />assigns (Lender). Borrower owes Lender the principal sum of Four Thousand and 00/1.00 I.7ollars (U.S. $4,000.00 ). This debt is <br />evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note provides for no payments if the Borrower <br />complies with the terms of the Note. The loan evidenced by the Note and. secured by this Mortgage (Loan) is being made pursuant to <br />the Affordable Housing Program (AHP) as implemented by Lender (12 U.S.C. 1430(j); 12 CFR Part 951). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from Equitable Bank (Senior Lien Holder), which <br />loan is secured by a first mortgage lien on the Property (First Mortgage). The documents evidencing or securing t}re First Mortgage <br />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 irrevocably martgages, <br />grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to the rights of Senior Lien Holder <br />under the First Mortgage, the following property, to-wit: <br />LOT EIGHT (8), JAMSON SUBDIVISION, IN 'I'HIu CITY OF GRAND ISLAND, IIALL COUNTY, NEBRASKA <br />(which has the address of: 414 E Delaware Ave Grand Island NE 68801 ), to have and to hold this property unto Lender and Lender's <br />successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, appurtenances and <br />fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the <br />foregoing is referred 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, grant and convey <br />the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien Holder, the Property is <br />unencumbered. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to such <br />encumbrances of record. <br />1. PAYMENT'S. The principal of the debt evidenced by the Note shall be due and payable in the event Lender designates a <br />default under the Note. It is a default under the Note if: (a) Borrower (or at least one of borrowers if more than one borrower) <br />lees not continue to occupy the Property as Borrower's principal residence; or (b) Borrower transfers the Property to another <br />(other than Senior Lien Holder) without prior notice to Lender. (c) Subsequent owner does not meet AHP income <br />requirements. (d) In the case of a refinancing prior to the end of the term of the Note, an amount equal to a pro rata share of <br />the direct subsidy that financed the purchase, construction, or rehabilitation of the unit, reduced for every year the occupying <br />household has owned the unit, shall be repaid to the Bank, from any net gain realized upon the refinancing, unless the <br />property continues to be subject to a deed restriction or other legally enforceable retention agreement or mechanism. <br />Provided that the Lender does not designate a default under the Note, the amounts due and payable under the Note will be <br />forgiven as follows: The principal amount of the Loan shall be reduced over the first 5 years by 1/60th of the original <br />principal balance of the Loan for each month the Loan is outstanding. Suclr monthly reductions shall take effect in arrears on <br />the same day of the month the Loan was originally made. In the event of foreclosure the full amount of the principal <br />remaining due shall be Forgiven. <br />2. DESIGNATION OF DEFAULT AND REMEDIES. Lender shall give notice to Borrower and Senior Lien. Haller prior to <br />a designation of a default under the Note. The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower (and with respect to Senior Lien Holder, 60 <br />days from the date the notice is given to Senior Lien Holder), by which the default must be cured; and. (d) that failure to cure <br />the default on or before the date specified in the notice may result in designation of a default under the Note and the sale of <br />the Property. The notice shall further inform Borrower of the right to reinstate after designation of a default and the right to <br />bring a court action to assert the non-existence of a default or any other defense of Borrower to a designation of default and <br />Revised Feb 2p06 <br />Page 1 of 2 <br />