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�� <br />__ <br />�� <br />� <br />� <br />� <br />N � <br />B = <br />� � <br />A � <br />� i <br />W � <br />co � <br />� <br />� <br />�� <br />� <br />��� <br />� <br />` �.' <br />� <br />� <br />� � <br />��� <br />� � <br />_ � ��� <br />� <br />TO � <br />� <br />�'� <br />� <br />� a cn <br />� <br />� c� --i <br />� z — <br />� � rn <br />� � o <br />� <br />� <br />3 <br />W <br />C�J <br />�� <br />O � <br />-,-t �.. <br />= y � m <br />y m <br />r � <br />r n <br />� <br />x <br />D <br />� <br />C!7 <br />_� <br />r t <br />r N, �, <br />c� r� <br />O F <br />m � - <br />� <br />f� <br />-� <br />rn <br />a.; <br />c� r ` _ +'T <br />�+ '- <br />c� �, ~ <br />I'�t <br />P'�'1 <br />� <br />CO <br />Return recorded mortgage to: <br />FHLBank Topeka <br />P.O. Boz 176 <br />Topeka, KS 66601 <br />201io34ss <br />Subo�dinate Mo�tgage <br />� <br />N <br />O <br />F--� <br />F--� <br />V <br />C� <br />� <br />C�D <br />� <br />�p <br />�. <br />THIS 5UBORDINATE MORTGAGE (Mortgage) is made on May 06, 2011 by Matthew R Leffler and Angela K Leffler, <br />Husband and Wife (Borrower). This Mortgage is given to the Federal Home Loan Bank of Topeka, a corporation organized <br />and existing under the laws of the United States of America, and whose address is One Security Benefit Pl. Ste. 100, Topeka, <br />KS 66606, its successors and assigns (Lender). Borrower owes Lender the principal sum of Four thousand and 00/100 Dollars <br />(LT.S. $ 4,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Mortgage (Note). The Note provides <br />for no 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 U.S.C. <br />1430(j); 12 CFR Part 1291). <br />In addition to the Loan, Borrower obtained a mortgage loan (First Mortgage Loan) from Equitable Bank (Senior Lien <br />Holder), 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 irrevocably <br />mortgages, grants and conveys to Lender and Lender's successors and assigns, with power of sale, subject to the rights of <br />Senior Lien Holder under the First Mortgage, the following property, to-wit: <br />Lot Two (Z), in Block Two (2), in Wiebe's Addition to the City of Grand Island, Hall County, Nebraska <br />(which has the address of: 809 W Charles St., Grand Island, NE 68801 ), to have and to hold this property unto Lender and <br />Lender's successors and assigns, forever, all the improvements now or hereafter erected on the property, and all easements, <br />appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by <br />this Mortgage. All of the foregoing is xeferred to 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, grant and <br />convey the Property and, except for the First Mortgage and other encumbrances of record acceptable to Senior Lien Holder, <br />the Property is unencumbered. Borrower warrants and will defend generally the title to the Property against a11 claims aad <br />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 owned the <br />Property, shall be repaid to the Lender from any net gain realized upon the sale or refinancing, unless: (1) the <br />Property was assisted with a permanent mortgage loan funded by an AHP subsidized advance; (2) the Property is sold <br />to a very low-, or low- or moderate-income household; or (3) following a refinancing, the Property continues to be <br />subject to a deed restriction or other legally enforceable retention agreement or mechanism. The Lender will have <br />ultimate control over any funds repaid by the Borrower pursuant to this section. Lender shaI1 be given notice of any <br />sale or refinancing of the Property occurring prior to the end of the Retention Feriod. Provided that Borrower <br />complies with the terms of the Note, the amounts due and payable under the Note shall not become due and payable, <br />but shall be forgiven as follows: The principal amount of the Loan shall be reduced over the first 5 years by 1/60th of <br />the original principal balance of the Loan for each month the Loan is outstanding. Such monthly reductions shall take <br />effect in arraars on the same day of the month the Loan was originally made. The amount of the Loan due and <br />payable at any time shall be determined after deducting the principal amount of the Loan which has been forgiven by <br />Lender. <br />2. SUBORDINATION. This Mortgage is subject and subordinate in all respects to the liens, terms, covenants and <br />conditions of the First Mortgage and to all advances heretofore made or which may hereafter be made pursuant to the <br />First Mortgage, including all sums advanced for the purpose of (a) protecting or further securing the lien of the First <br />Mortgage, curing defaults by Borrower under the First Mortgage or for any other purpose expressly permitted by the <br />First Mortgage; or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms <br />and provisions of the First Mortgage are paramount and controlling, and they supersede any other terms and <br />Revised February 2011 <br />Page 1 of 2 <br />