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<br />THTS AGREEMEN'T made and executed this 7th day of October, 2010, by and between HOME FEDERAI, SAVINGS AND
<br />LOAN ASSOCIATION OF GR4ND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and
<br />HOM� FEDERAI, 5AVINGS . AND LOAN ASS�CIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party".
<br />V�IT ,k
<br />.-..,.. -�"��T�R�,AS�.Ja�an IJiaz and Polly A Markham-Diaz, (whether one or more), hereinafter referred to as "D�btor", has granted
<br />to the Subordinating Creditor a Mortgage or Deed of Trust dated November 25, 2008, and filed of record in the office of the Hall
<br />County Register of Deeds, on the 4th day of December, 2008, as Document No. 200809914 in respect to that real estate described as:
<br />Lat Eight (8), Block Two (2), Narthview First Subdivision, in the Ciry of Grand Island, Ha11 County, Nebraska
<br />WHE1tEAS, the Secured Party has agreed to enter inta a loan trartsactian with the Debtor, whereby certain funds are to be
<br />advanced to the Debtor conditianal upon the Debtor providing the Secured Pariy with a first lien in respect to the above describ�d 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 Martgage or Deed of Trust of record to perfect security whenever and wherever filed in order to assrxre the
<br />Secured Party of a first lien position in and to the Collateral;
<br />NOW, TH�REFORE, it is agreed:
<br />1. The Subordinating Creditar 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 One Hundred
<br />Twenty Four Tho sand Four Hundred Thirty and DO/100ths Dollars ($124 430.00) recorded in the office of the Hall County Register
<br />af Deeds on the � day of October, 2010, as Document Nov�� l� �„��lp.
<br />3. 50 long as an obligation is outstanding firom the Debtor to the Secured Party for indebtedness evidenced by Pramissory
<br />Notes or ather instruments of indebtedness to the extent herein provided in Paragraph 2, the Sectu'ed Party's interest in the Collateral
<br />shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditar'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 nf 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 fixst security interest, including any time there is a conflict between it and tl�e provisions of any lien instrument
<br />granted to the Subordinating Creditor by the Debtor.
<br />S. This Agreement is a continuing, absolute and unconditional agreeznent of subordination without regard to the validity or
<br />enforceability af 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 ar 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 />successors and assigns, so long as any portion of the sums secured as described in Paragraph 3 are outstanding and unpaid.
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