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2o1io3oo� Return recorded mortgage to: FHLBank Topeka P.O. Boz 176 Topeka, KS 66601 Subo�dinate Mo�tgage THIS SUBORDINATE MORTGAGE (Mortgage) is made on Apri119th , 2011 by Adan Ayala Villalobos and Martha Ayala, husband and wife (Borrower). This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and existing under the laws of the United States of America, and whose address is One Secusity Benefit Pl. Ste. 100, Topeka, KS 66606, its successors and assigns (I,ender). Borrower owes Lender the principal sum of Four Thousand and 00/100 Dollars (U.S. $ 4,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note provides for no payments if the Borrower complies with the terms of the Note. The loan evidenced by the Note and secured by this Mortgage (I,oan) is being made pursuant to the Affordable Housing Program (AHP) as implemented by Lender (12 U.S.C. 1430(j); 12 CF'R Part 1291). In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from CharterWest National Ba� (Senior Lien Holder), which loan is secured by a first mortgage lien on the Property (First Mortgage). The documents evidencing or securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. This Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Bonower irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to the rights of Senior Lien Holder under the First Mortgage, the following properiy, to-wit: Lot Twelve (12) & Westerly One Half (W 1/Z) of Lot Thirteen (13), Block One (1), in Boggs & Hill's Addition to the City of Grand Island, Hall County, Nebraska (which has the address of: 1820 W 12th St Grand Island, NE 68803 � to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in this Mortgage as the Property. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien Holder, the Properly is unencumbered. Borrower wanants and will defend generally the title to the Property against all claims and demands, subject to such encumbrances of record. 1. PAYMENTS. In the case of a sale or refinancing of the Property within five years of the date of the Note (the Retention Period), an amount equal to a pro rata share of the principal, reduced for every year Borrower owned the Property, shall be repaid to the Lender from any net gain realized upon the sale or refinancing, unless: (1) the Properly was assisted with a permanent mortgage loan funded by an AHP subsidized advance; (2) the Properiy is sold to a very low-, or low- or moderate-income household; or (3) following a refinancing, the Properiy continues to be subject to a deed restriction or other legally i2ss�.cv �s�i i> 904928 Revised February 2011 GOTO(00159338) �` �� �