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~~ <br /> ~~ <br />~ ~ Y `~ <br />~ <br />~ <br />Ca <br />C? ~--i <br />d <br />~ <br />--I <br />~L <br />~ rn <br />~ <br />~~ ~ c ~ <br />~ rv ~ <br /> ~~:y~~~ <br />~ 1 <br />' ~ <br />~ "'Y"! h~--'~ <br />~ ~~~ <br />fit <br />C~ . « ,~7 <br /> CiA ~ ~ ~ <br />~ r <br />~ c~ <br />~ ~ <br />~ r o ~ <br /> ~ <br /> ~ <br />r~ ~ ~wJ ~ ~ -~• <br /> ~.~~ _.,C ~ ~,. CJ] ~ <br /> <br /> ~~^ (t7 ~ <br /> D <br /> SUBORDINATION AGREEMENT <br /> <br />~ ____~ . <br /> THIS AGREEMENT made and executed this r' <br />day of August, 2010 by and between HOME FEDERAL SAVINGS a <br /> AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), an d ~ ~ ,~ <br /> HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as " Secured Part}'. <br /> WITNESSETH: <br />WHEREAS, Jeremy M Collinson and Karla A Collinson, (whether one or more), hereinafter referred to as "Debtor", has <br />granted to the Subordinating Creditor a Mortgage or Deed of Trust dated May S, 2008, and filed of record in the office of the Hall <br />County Register of Deeds, on the 15th day of May, 2008 as Document No. 200804200 in respect to that real estate described as: <br />Lots Eleven (11) and Twelve (12), Block One (1), in William J. Burger's Addition to the Village of Doniphan, Hall County, <br />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 l;ighty Seven <br />Thousand & 00/100ths Dollars ($87,000.00 ,recorded in the office of the Hall County Register of Deeds on the day of <br />August, 2010 as Document No D/d (~ <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 />awing 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 />S. 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 />