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201103319
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Last modified
5/25/2011 8:52:17 AM
Creation date
5/3/2011 9:35:48 AM
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DEEDS
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201103319
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Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Box 176 <br />Topeka, KS 66601 <br />20110331.9 <br />Subordinate Mortgage <br />THIS SUBORDINATE MORTGAGE (Mortgage) is made on May 2nd , 2011 by <br />Ivan G Gutierrez aka Ivan Gutierrez-Ginoris, a single person and Alisha K Jewell, a single person <br />(Borrower). <br />This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized and existing under the <br />laws of the United States of America, and whose address is One Security Benefit Pl. Ste. 100, Topeka, KS 66606, its <br />successors and assigns (Lender). Borrower owes Lender the principal sum of Four Thousand and 00/100 <br />Dollars (U.S. $ 4,000.00 <br />This debt is evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note provides for no <br />payments if the Borrower complies with the terms of the Note. The loan evidenced by the Note and secured by this <br />Mortgage (Loan) is being made pursuant to the Affordable Housing Program (AHP) as implemented by Lender (12 <br />U.S.C. 14300); 12 CFR Part 1291). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from CharterWest National <br />Bank (Senior Lien Holder), <br />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, <br />subject to the rights of Senior Lien Holder under the First Mortgage, the following property, to-wit: <br />The South Ten (10) feet of Lot Six (6) and the North Forty (40) Feet of Lot Seven (7), Block Two (2), <br />So,-thman's Subdivision, to the City of Grand Island, Hall County, Nebraska <br />(which has the address o£ 1128 S Greenwich 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 <br />now 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 <br />in 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 Holder, 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 <br />(the Retention Period), an amount equal to a pro rata share of the principal, reduced for every year <br />Borrower owned the Property, shall be repaid to the Lender from any net gain realized upon the sale or <br />refinancing, unless: (1) the Property was assisted with a permanent mortgage loan funded by an AHP <br />subsidized advance; (2) the Property is sold to a very low-, or low- or moderate-income household; or (3) <br />following a refinancing, the Property continues to be subject to a deed restriction or other legally <br />12857.CV (3/11) 905239 Revised February 2011 <br />GOTO(00160290 <br />
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