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SUBORDINATION AGREEMENT <br />~ <br />.- <br /> <br />THIS AGREEMEN"T" made <br />and executed this I51 day of September, 2010, by and be <br />tween HOME <br />FEDERAL SAVINGS _. <br />~ <br /> AND LOAN ASSOCIATION OP GRAND ISLANIa, hereinafter referred to as "Subordinatin g Creditor" (whether o ne or more), and ~Q <br /> HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereitafter referred to as "Secu red Party". <br /> WITNESSETH: <br />WHEREAS, Bryan S Mirage and Tami M Mirage, (whether one or more), hereinafter referred to as "Debtor", has granted to <br />the Subordinating Creditor a Mortgage or Deed of Trust dated September 17, 2008, and filed of record in the office of the Hall County <br />Register of Deeds, on the 29`'' day of September, 2008, as Document No. 200808252 in respect to that real estate described as: <br />Lot Twelve (12), Grand West Third Subdivision in the City of Grand Island, Hall County, Nebraska. <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 />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 />NOW, THEREFORE, it is agreed: <br />1. "1"he 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 hereiraabove described, if any, 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 />Thirty Seven Tl o s' nd Two Hun red and 00/100ths Dollars ($137,200.00), recorded in the office of the Ha County Register of <br />Deeds on the ~ day of _ ,~et., ,~0~~ , as Document No. / ,~. <br />3. So long as an obligation is outstanding from the Debtor to the Secured Party for indebtc Hess evidenced by Promissory <br />Notes or other instruments ol` indebtedness to the extent herein provided in Paragraph 2, the Secured Party's interest in 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 respc;cts, 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 Chereto, <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 Ueed <br />of Trust of ocher 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 />F. 'I'bis Agreement shall remain in full force and effect and is binding txpo~ tl~el~Subor¢inating Creditor and upon its <br />successors and assigns, so long as any portion of the sums secured as described in Paragrdp113"are outstanding and unpaid. <br />