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<br /> ~ <br /> Q I, ~ ("') U) <br /> ID c::o C) <br /> m ~ ~ 0-; <br /> c: )> <br /> " C!! m :D z-; N <br /> n ~~' -0 -jfTl 0 <br />N :- .. f ('\. ..,ij ~ . '"' ::c -<0 <br />S ~ t . . X p. c;;;,. - ...... C> .." C) <br />S ,"'" fo!J C> <br /><D ncn \j:' .." -.J "z CD <br />S 'll:::J: 0 tt :J: nl <br />N HI , m r -u 1> OJ 0 <br />ex> ~ m :::3 r- ;0 <br />co 0 r- 1> N <br />co (t) en <br /> N ;:><: 00 <br /> :t> co <br /> !It ..J;: ............."--'"' <br /> N (.f) CD <br /> ~ 1; (.f) <br /> <br /> <br />m <br />~ <br />::0 <br />m <br />o <br />>- <br />en <br />~ <br />c: <br />:s:: <br />~ <br />~ <br />SUBORDINATION AGREEMENT _ <br /> <br />-----TlDS AGREEMENT made and executed this ~ day of April, 2009, by and between HOME FEDERAL SAVINGS <::::7;;,\S'-- <br />AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Subordinating Creditor" (whether one or more), and c..:", 0 <br />HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Secured Party". <br />WITNESSETH: <br /> <br /> <br />WHEREAS, Kevin L Harris and Lisa A Harris, (whether one or more), hereinafter referred to as "Debtor", has granted to the <br />Subordinating Creditor a Mortgage or Deed of Trust dated August 10,2007, and filed of record in the office of the Hall County <br />Register of Deeds, on the 27th day of August, 2007, as Document No. 200707325 in respect to that real estate described as: <br /> <br />Lot Thirty Four (34), In Hidden Lakes Subdivision Number Four (4), Hall County, Nebraska. <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 conditional 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 /> <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 security whenever and wherever filed in order to assure the <br />Secured Party of a first lien position in and to the Collateral; <br /> <br />NOW, THEREFORE, it is agreed: <br /> <br />I. The Subordinating Creditor hereby consents to a subordination of its priority position to the Secured Party and agrees that <br />its lien in respect to the Mortgage or Deed of Trust hereinabove described, ifany, shall at all times be secondary to the extent herein <br />provided and subject to the lien of the Secured Party in respect to the Collateral. <br />2. The Subordinating Creditor hereby consents to the Debtor granting Secured Party a first lien in all the Collateral as <br />described above to secure indebtedness to be advanced to Debtor by Secured Party, in the original principal amount of One Hundred <br />Twenty Eight and OO/lOOths Dollars ($128,000.00), recorded in the office of the Hall County Register of Deeds on the /7t} day <br />of April, 2009, as Document No. OC69-{);)R97 .M "-. -. . ';;:;..:;:---..... ."' <br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtedness evidenced byPro"lissory <br />Notes or other instruments of indebtedness to the extent herein provided in Paragraph 2, the Secure4:e.~'$jilta~."iii the Collateral <br />shall have priority to over the lien of the Subordinating Creditor in that Collateral, and the Subordinating Creditor'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 obligation 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 Secured Party are controlling as to the Collateral in which Secured <br />Party is to have a first security interest, including 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 agreement 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 Creditor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragraph 3 are outstanding and unpaid. <br />