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~~ <br />~~ <br />wN~ <br />na ~ ~ ~ <br /> <br />~ ~~ <br />~ ~^ ~' <br />.A <br />~ . <br />N <br />~ <br />~rw <br />.,,.~~ <br />m `~~ <br />tst ,.-~ <br />~ Z <br />' ~' <br /> <br />rn ~, <br />~ <br /> ~ rya <br /> ( ~ <br />~ r~ <br />"~ <br />"' <br />' <br /> ~ <br />l rrr <br />m Y <br />] <br />~ <br /> <br /> GJ <br /> <br /> <br />Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Box 176 <br />Topeka, KS 46601 <br />Subordinate Mortgage <br />c'~ cn <br />ca -~ <br />~~ <br />~~ <br />~~ <br />~ -', <br />-.T, .cu. <br />:r r'~ <br />~ ~ <br />r x~ <br />c~ <br />.__. ~ <br />C7 <br />rr7 <br />c~ <br />ca <br />W <br />rv <br />m <br />:~ <br />C/~ <br />Cf~ <br />~t <br />m <br />z <br />Q <br />~.__. <br />C~~ <br />.~ a <br />THIS SUBORDINATE MORTGAGE (Mortgage) is made on June 22, 2010. The grantor is Andrew K Haney, an unmarried <br />individual (Borrower). This Mortgage is given to the Federal Home Loan :Bank of Topeka, a corporation organized and existing under <br />the laws of the United States of America, and whose address is One Security Benefit Pl. Ste. 100, Topeka, KS 66606, its successors <br />and. assigns (Lender). Borrower owes Lender the principal sum of Four Thousand and 00/100 Dollars (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 far no payments if the Borrower <br />complies with the terms of the Note. '1"he 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 the 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 mortgages, <br />grants and conveys to Lender and Lender's successors and assigns, with power o£ sale, subject to the rights of Senior Lien Holder <br />under the First Mortgage, the following property, to-wit: <br />LOT ONE (1), BLOCK TWENTY FOUR (24), BAKER'S ADDITION TO THE CITY OF GRAND IShANIa, HAL.,Ia COUNTY, <br />NEBRASKA. <br />(which has the address of: 2203 W 1st St., Grand Island, NE 68803 ), 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. PAYMENTS. 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 />does 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 awned 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. Such 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 frill 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 Holder 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 />Revised Feb 2006 <br />Page 1 ~f 2 <br />