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201103225
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Last modified
4/28/2011 9:27:18 AM
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4/28/2011 9:04:42 AM
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DEEDS
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201103225
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2 0110 3 2� 5 Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Box 176 <br />Topeka, KS 66601 <br />Subordinate Mortgage <br />THIS SUBORDINATE MORTGAGE (Mortgage) is made on April 27, 2011 by Matthew D Rapien, an unmarried person and <br />Camey R Ofiver, an unmarried person (Borrowerj. This Mortgage is given to the Federal Home Loan Bank of Topeka, a <br />corporation organized and existing under the laws af the United States of America, and whose address is One Security <br />Benefit PI. Ste. 10Q, Topeka, KS 66606, its successors and assigns (Lender). Borrower owes Lender the principal sum of <br />Four thousand and 00/100 Dollars (U.S. $ 4,000.00). This debt is evidenced by Borrower's note dated the same date as <br />this Mortgage (Note). The Note provides for no payments if the Borrower complies with the terms of the Note. The <br />loan evidenced by the Note and secured by this Mortgage (Loan) is being made pursuant to the Affordable Housing <br />Program (AHP) as implemented by Lender (12 U.S.C. 1430(j}; 12 CFR Part 1291). <br />In addition to the Loan, Borrower obtained a mortgage ioan (First Mortgage Loan) from Equitable Bank (Senior Lien <br />Ho(derj, which loan is secured by a first mortgage lien on the Property (First Mortgage}. The documents evidencing or <br />securing the First Mortgage Loan are collectively referred to herein as the First Mortgage Loan Documents. <br />This Mortgage secures to Lender the repayment of the debt evidenced by the Note. For this purpose, Borrower <br />irrevocably mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject <br />to the rights of Senior Lien Holder under the First Mortgage, the following property, to <br />Lot Six (6), Block Three (3), in Park Place, An Addition to the City of Grand Island, Hall County, Nebraska. <br />(which has the address of: 524 W 15 St, Grand Island, NE 68801), <br />to have and to hold this property unto Lender and Lender's successors and assigns, forever, all the improvements now <br />or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the <br />property. All replacements and additions shall also be covered by this Mortgage. All of the foregoing is referred to in <br />this Mortgage as the Property. <br />Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, <br />grant and convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to <br />Senior Lien Hofder, the Property is unencumbered. Borrower warrants and will defend generally the title to the <br />Property against all claims and demands, subject to such encumbrances of record. <br />1. PAYMENTS. In the case of a sale or refinancing of the Property within five years of the date of the Note (the <br />Retention Period), an amount equal to a pro rata share of the principal, reduced for every year Borrower <br />owned the Property, shall be repaid to the Lender from any net gain realized upon the sale or refinancing, <br />unless: (1� the Property was assisted with a permanent mortgage loan funded by an AHP subsidized advance; <br />(2) the Property is sold to a very iow-, or low- or moderate-income household; or (3} following a refinancing, <br />the Property continues to be subject to a deed restriction or other legally enforceable retention agreement or <br />mechanism. The Lender will have ultimate control over any funds repaid by the Borrawer pursuant to this <br />section. Lender shall be given notice of any sale or refinancing of the Property occurring prior to the end of <br />the Retention Period. Provided that Borrower complies with the terms of the Note, the amounts due and <br />payable under the Note shall not become due and payable, but shall be forgiven as follows: The principal <br />amount of the Loan shall be reduced over the first 5 years by 1/60th of the original principa( balance of the <br />Loan for each month the Loan is outstanding. Such monthfy reductions shall take effect in arrears on the <br />Revised February 2011 <br />
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