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<br /> <br /> <br /> rn ~ ra <br /> ~ <br /> r~ C A Z CJ -i r1l <br /> IV A O r:1~ c~ ~X-~ N t <br /> 61~r IAA r <br /> „ 1 C77 C=) <br /> N rr+ O ` [za CD <br /> tV 1 Tl3 f Z7 <br /> cr; GJ C/> <br /> r n Cs..7 <br /> ~r~~ C!? rV <br /> co <br /> SUBORDINATION AGREEMENT <br /> THIS AGREEMENT made and executed this 4th day of October, 2010, by and between HOME FEDERAL SAVINGS AND G <br /> LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), andp <br /> HOMLVEUrR WT~ VIR(G ;'ANP I:SOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". <br /> WITNESISETH: k, <br /> WHEREAS, Craig R Vincent and Denise M Vincent, (whether one or more), hereinafter referred to as "Debtor", has granted <br /> to the Subordinating Creditor a Mortgage or Deed of Trust dated September 10, 2009, and filed of record in the office of the Hall <br /> County Register of Deeds, on the 4th day of November, 2009, as Document No. 200908791 in respect to that real estate described as: <br /> Lot Four (4), Block One (1), in Ponderosa Lake Estates Third Subdivision, in the City of Grand Island, 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 Three Hundred <br /> Ninety Eight Thou and Five Hundred Fifty and 00/100ths Dollars ($398,550.00), recorded in the office of the Hall County Register of <br /> Deeds on the day of October, 2010, as Document No.c5kQ Q -7a,S.cQ- <br /> 3. So ong 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. This Agreement is a continuing, absolute and uncondition44agr*r4i#of sikprd6ation 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 />