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w,�� <br />.� <br />r ;' _• <br />,�� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />C <br />2 0 <br />�y±g � t/f <br />44 nT. <br />=�1�' <br />�� <br />. � <br />� <br />SUBORDINATION AGREEMENT <br />� <br />� <br />� c� cn <br />o —., <br />-�.� c r> <br />r <br />Z � <br />� � � � <br />� <br />Q T, <br />�� <br />� �n <br />z rn <br />� D �, <br />r � <br />r � <br />� cr' <br />�; <br />D' <br />� �. a..: <br />!--� fn <br />� <br />� <br />� <br />�— <br />�" <br />� <br />y � <br />�,v� <br />�.:Y f <br />F:,a <br />i� <br />� <br />� <br />P�'1 <br />1�'1 <br />v <br />� <br />0 <br />N <br />� <br />f' <br />� <br />0 <br />N <br />,�-+ <br />N <br />O <br />THIS AGREEMENT made and executed this ��� day of January, 2011 by and between HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter refetted to as "Subordinating Creditor" (whether one or more), and <br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". <br />WITNESSETF�: <br />WHEREAS, Todd D Morga.n and Fae A Morgan, (whether one or more), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dat.�l March 25, 2009 and filed of record in the office of the Ha11 County <br />Register of Deeds, on the 7th day of April, 2009 as Document No. 200902543 in respect to that real estate described as: <br />Lot Twenty-Eight (28), Castle Estates Subdivision in the City of Grand Island, Ha11 County, Nebraska. <br />A <br />V/ <br />v/ <br />� <br />i� <br />� <br />Z <br />,,� <br />�� <br />� <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 Debtar providing the Secured Party with a first lien in respect to the above described real <br />estate, hereinafter refened to as the "Collateral"; and <br />WHEREAS, the 5ubordinating 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 arder to assure the <br />Secured Party of a first lien position in and to the Collateral; <br />NOW, T`HEREFORE, 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 e�errt herein <br />provided and subj ect to the lien of the Secured Party in respect to the Coltateral. <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 Sixty Two <br />Thousand Nine Hundred & 00/100ths Dallars ($62,900.00 , recorded int�3e, office of the Hall County Register of Deeds on ttie <br />�p �'`�fay of January, 2011 as Document Na l U��. cf <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 Subardinating Creditor in that Collateral, and the Subordinating Greditor's interest in that <br />Collateral is, in all respects, subject and subardinate to the security interest of the Secured Party to the extent of the principal sum yet <br />owing to Secured Pariy 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 Pazty 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 unconditional agreernent of subordination without regard to the vaJidity 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 �ranting 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 bindin� upon the Subordinatin� Creditor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragraph 3 are outstandin� and unpaid. <br />