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�� �� �^ �� ■I�� a .� � �� Q �� m � � � w �� � � � � �� �.� r �� � � N � � � � � C g � e�v n�� �v = _� � A � � � G Y�� ►�G�t��►�� �l �� «, G� �� c� `�� � �.� �� r� m ca v� r.: � r� u� � 4 � o �� rn �, m � � C.�J � � c� � N c� [� � -*� � � ��-, Ia C;7 � � � � cn � a cr� Er� G'7 rv 0 � CJ q CL] 0 w � m � � m v � Z � � C � I ---i � THIS AC�R�EMENT made and executed this 30th day of July 2010, by and between HOME FEDERAL SAVINGS AND � LOAN A�SSOC�ATI�N OF GRAND I5LANU, hereinafter referred to as "Subordinating Creditor" (whether one or more), and � HOME FEDER:AL �AVINGS AND LOAN ASSOCIATION OF GR.AND ISLAND, hereinafter referred to as "Secured Part}�'. :. WIT1�5"S�i: - WHEREAS, Kenneth D Caldwell and Pamela R Caldwell, (whether one or more), hereinafter referred to as "Debtor", has granted to the Subordinating Creditor a Mortgage or Deed of Trust dated October 19, 2007, and filed of record in the office of the Hall County Register of Deeds, on the 29th day of October, 2007, as Docurnent Na. 200709228 in respect to that real cstate described as: All of Lot "B" and the North Ten (10) Acres of Lat "C", in Garden Subdivision of Lot One (1), on Mainland in Section Thirteen (13), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska. WHEREAS, the Secured Party has agreed to enter into a loan transaction with the Debtor, whereby certain funds are to be advanced to the Debtor conditional upon the Debtor providing the Secured Party with a first lien in respect to the above described real estate, hereinafter referred to as the "Collateral"; and WHEREAS, the Subordinating Creditor is willing ta subordinate any lien it may have in respect to the Collateral by reason of Subordinating Creditor's Mortgage ar Deed of Trust of record to perfect security whenever and wherever filed in order to assure the Secured Party of a first lien position in and to the Collateral; NOW, THEREFORE, it is agreed: 1. The Subordinating Creditor hereby consents to a subordination of its priority position to the Secured Party and agrees that 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 provided and subject to the lien of the Secured Party in respect ta the Collateral. 2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as described above to secure indebtedness to be advanced to Debtor by Secured Party, in the original principal amouut of One Hundred Seventy Seven Thousand Four Hundred Seventy and 00/100ths Dollars ($177,470.p0), recorded in the a�ce of the Hall County Register of Deeds on the 8`� day of July, 2010, as Document No. 20100�4700. 3. So long as an obligation is outstanding from th� Debtor to the Secured Party for indebtedness evidenced by Promissory Notes ar other �itastxuments of indebtedness to the extent hsrein provided in Paragraph 2, the Secured Pariy's interest in the Collateral shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditor's interest in that Collateral is, in all respects, subject and subordinate to the security interest of the Secured Party to the extent of the pnincipal sum yet owing to Secured Party in respect to the indebtedness described in Paragraph 2 along with interest and costs allocable thereto, however evidenced. 4. So long as any portion of the described obligation to Secured Party is outstanding atid unpaid, the provisions of the Deed of Trust of other instruinent of security between the Debtor and the Secured Party are controlling as to the Collateral in which Secured Party is to have a first security interest, including any tirne there is a conflict between it and the provisions of any lien instrument granted to the Subordinating Creditor by the Debtor. 5. This Agreement is a continuing, absolute and unconditional agreement of subordination vvithout regard to the validity or enforceability of the Promissory Nates or other instruments of indebtedness betwee{� t�e l�el�t�r ar}c� �he Secured Party evidencing sums due or documents granting a security interest in the Collateral, irrespectiVe�df }he�t�4� or order of attachnnent or perFection of the sscurity interest in the Collateral or the arder of filing the Deeds af Trust or other instruments of security with respect to the Collateral. 6. This Agreement shall remain �in full force and effect and is binding upon the Subordinating Creditor and upon its