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�,�;.,� <br />� <br />F �G! <br />;� <br />� <br />'°� <br />� <br />� <br />. . �.� r <br />20�.1023'"18 <br />m <br />c <br />x v <br />�y � i/f� <br />�_ <br />_�� <br />�� <br />.� <br />d <br />� <br />SUBORDINATION AGREEMENT <br />� <br />� <br />� <br />�, <br />� , <br />GL) <br />� <br />� <br />� <br />F�-+ <br />�� <br />o -r <br />c n <br />z� <br />-� <br />� <br />O T <br />�rn <br />S> w <br />r- z� <br />r n <br />� <br />�; <br />w�..,, <br />cr� <br />cn <br />2 <br />� <br />r <br />� <br />� <br />.�;� <br />4fF <br />i , ° +. � <br />�+ <br />� <br />PtT <br />1�'I <br />v <br />� <br />O <br />N <br />� <br />1,-.+ <br />F--+ <br />O <br />f--► <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 referred to as "Subordinating Creditor" (whether one or more), and <br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter refened to as "Secured Party". <br />WITNESSETH: <br />WHEREAS, Todd D Mor�an and Fae A Morgan, (whether one or mare), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dated March 25, 2009 and filed of record in the office of the Ha11 County <br />Register of Deeds, on the 7th day of Apri1, 2009 as Document No. 200902543 in respect to that reat estate described as: <br />Lot Twenty-Ei�ht (28}, Castle Estates Subdivision in the City of Giand Island, Ha11 County, Nebraska. <br />� <br />� <br />� <br />� <br />� <br />� <br />Z <br />`� <br />�U� � <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 condirional 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 sec�rity whenever and wherever filed in arder 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 subordinatian of its priority position to the Secured Party and agrees that <br />its lien in respect to the Mortgage or Dced of Trust hereinabove described, if any, shall at a11 times be secondary to the exteirt herein <br />provided and subject to the lien of the Secured Pariy in respect to the Collateral. <br />2, The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first iien in all tt►e Coltateral 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 Dollars ($62,900.00 , recorded int �e office of the Hall County Register of Deeds on the <br />�1j�1'ayofJanuary,2011asDocumentNo.�� (�U��.c�. and re—filed March 7.3, �+�►! 2011023�5 <br />� 3. So long as an obligation is oui�anding 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 />shali have priority to over the lien uf the Subordinating Creditor in that Collateral, and the Subordinating Greditor'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 obligaxion 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 Secur�d Party are controlling as to the Collateral in which Secured <br />Party is to have a first security interest, includin,g 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 agreemeM 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 Cre�itor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragaph 3 are outstanding and unpaid. <br />