HomeMy WebLinkAboutSubordination Agreement (2) Recording Requested By 2016066412
Fidelity National Title Tommy Gong
San Luis Obispo - County Clerk-Recorder
Order No.
12/16/2016 11:20 AMRec
Escrow No. l'5l.G'Ooal�OlyZl FIDELITY TITLECOest of:
Loan No. Titles: 1
Pages: 5
Fees: $33.00
Requested by and Taxes: 0.00Total: 33.00
WHEN RECORDED MAIL TO:
City of Arroyo Grande � , rel j �j1I III
300 E. Branch Street
Arroyo Grande, CA 93420
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME
OTHER OR LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made this 2nd day of November, 2016 by Steven D.Allen and Cameron Allen,
owner of the land hereinafter described and hereinafter referred to as"Owner", and The City of Arroyo
Grande, present owner and holder of the deed of trust first hereinafter described and hereinafter referred
to as"Beneficiary";
WITNESSETH
That whereas, Owner has executed a deed of trust, dated August 28, 2007, Instrument No. 2007059483 .
to City of Arroyo Grande as trustee, covering:
Lot 39 of Tract 2310-2, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to map recorded May 23, 2006 'in Book 28, Page 45 of
Maps, in the Office of the County Recorder of said County
(APN: 077-255-040)
to secure performance under the Buyer's Occupancy and Resale Agreement with Option to
Purchase, dated August 28,2007, in favor of Beneficiary; and
WHEREAS, Owner has exec ted r i about to execute, a deed of trust and note in the sum of
$235.000.00 dated ) ! _T r' in favor of Wells Fargo Bank, NA, hereinafter referred to as
"Lender", payable with interest and upon the terms and conditions described therein, which deed of trust
is also to be recorded concurrently herewith; and
WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or
charge upon the above described property prior and superior to the lien or charge of the deed of trust first
above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust first above mentioned to the lien or charge of said deed of trust in favor of
Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and
Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or
charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust
first above mentioned.
NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other
valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in
�'v
order to induce Lender to make the loan above referred to, it is hereby declared, understood, and agreed
as follows:
(1)That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof,
shall unconditionally be and remain at all times a lien or charge on the property therein described, prior
and superior to the lien or charge of the deed of trust first above mentioned.
(2)That Lender would not make its loan above described without this subordination agreement.
(3)That this agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of
lender above referred to and specifically described, any prior agreement as to such subordination
including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned,
which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to
another mortgage or mortgages.
Beneficiary declares, agrees, and acknowledges that
(a) He consents to and approved (i) all provisions of the note and deed of trust in favor of Lender above
referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between
Owner and Lender for the disbursement of the proceeds of Lender's loan;
(b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to,
nor has Lender represented that it will, see to the application of such proceeds by the person or persons
to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than those provided for in such agreement or agreements shall not defeat the subordination herein made
in whole or in part;
(c) He intentionally and unconditionally waives, relinquishes, and subordinates the lien or charge of the
deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in
favor of Lender above referred to and understands that in reliance upon, and in consideration of, this
waiver, relinquishment and subordination specific loans and advances are being and will be made and, as
part and parcel thereof, specific monetary and other obligations are being and will be entered into which
would not be made or entered into but for said reliance upon this waiver, relinquishment and
subordination; and
(d)An endorsement has been placed upon the deed of trust first above mentioned that said deed of trust
has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender
above referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATEQ ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION
OFW ICH MAY E EXPENDED FOR OTHER PURPOSES THAT IMPROVEMENT OF LAND.
Ci y of Arro o a
Prin&II S ven D. Allen
ame: Alok e �#r Owner
I ts:iia�'t✓/'� G/y4. � ,j/"
%J-
60o !� AY'eeo .0 6r-A..%::1e.
Benefic Cam on All
Owner
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION
AGREEMENT,THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of I� 1
County of f
On N�U ��a0� before me, J ,� , Notary Public,
pp��
(here insert name and title of the officer)
personally appeared D /telfew
who proved to me on the basis of satisfactory evidence to be the personname(s) i re
subscribed to the within instrument and acknowledged me that he/sh t�swnose
xecuted the same in
his/heheirthorized capacity(ies), and that by his/he the' signature(s)on thstrument the person(s),
or the en I�`ty upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h nd d icial s
(Seal)
Signature
MJ PONDER Q Com iss PONDER
? �" # 0096
Commission#2140096 i Nota Publi 214
a ° ,� Sa -California 2
-i Notary Public California z p.. , _
Z San Luis Obispo County D M, Ob spo County n
My Comm.Expires Feb 10.2020 "-� fes'el t j
Notary Acknowledgment-General Printed: 11.02.16 @ 11:59 AM by KM
SSCORPD1863.doc/Updated: 08.03.16 CA-FT-FSLC-01500.076002-FSLC-0021601421
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of l i4�40�'Al i m
County of Sam L u 1 5 0h l J/
On f 9 ^ a�/� before me, ),C/ l7r-1 1,-20 Notary Public,
�J / �C /(here ins/eme and title of the officer)
personally-appeared �/C.D he;,- /-'- �C.he. /y/n�C-/:�O - - __ _ . - I I - - -- -
who proved to me on the basis of satisfactory evidence to be the person(.&) whose name($) is/ape
subscribed to the within instrument and acknowledged to me that he/ he/4" executed the same in
his/herftf &authorized capacity(ios), and that by his/heA4heir signature(4)on the instrument the person(s),
or the entity upon behalf of which the person(a)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and ial seal.
(Seal)
Signature
KITTY NORTON
Cook"0 209M =
i No"Pubflo•C�tffornla
Sot fault'Obispo County
My Comm.Expirss Mar 9 2019
Notary Acknowledgment-General Printed: 11.02.16 @ 11:59 AM by KM
SSCORPD1863.doc/Updated: 08.03.16 CA-FT-FSLC-01500.076002-FSLC-0021601421
END OF Dv CUM-ENT