HomeMy WebLinkAboutSubordination Agreement (2) RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
WELLS FARGO BANK, NATIONAL
ASSOCIATION
Real Estate Group (AU #2976)
111 Sutter STreet, 7th Floor
San Francisco, CA 94163
Atm: Loan Admin. Manager
Loan No. 82650K
SUBORDINATION AGREEMENT
(CITY)
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF LENDER'S DEED OF TRUST
(DEFINED BELOW).
THIS SUBORDINATION AGREEMENT("Agreement") is made August 1, 1996, by OAK FOREST ASSOCIATES LIMITED
PARTNERSHIP, a California limited partnership, owner of the real property hereinafter described ("Owner") and CITY
OF ARROYO GRANDE, a municipal corporation and one of the cities of the State of California, holder of the deed of
trust described below ("Beneficiary"); in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION ("Lender").
RECITALS
1. Subject to the terms and provisions of a deed of trust executed by Owner in favor of Beneficiary granting to
Beneficiary a security interest in and to the property described on Exhibit A attached hereto (which property,
together with all improvements now or hereafter located on the property, is hereinafter referred to as the
"Property") The deed of trust is to be recorded concurrently with Lender's Deed of Trust(defined below) in the
official records of San Luis Obispo County, California ("Official Records"). The deed of trust secures, among
other things, a promissory note in the principal sum of $445,000.00. Owner has also executed a regulatory
agreement affecting the Property dated as of March 13, 1996. The regualtory agreement was recorded June 13,
1996 in the Official Records as Instrument No. 1996-029391. The deed of trust and regulatory agreement are
hereinafter referred to as Beneficiary's "Security Documents"
2. Owner has executed, or proposes to execute, a deed of trust with absolute assignment of leases and rents,
security agreement and fixture filing ("Lender's Deed of Trust") securing, among otherthings, a promissory note
("Note") in the principal sum of ONE MILLION TWO HUNDRED SIXTY-EIGHT THOUSAND THREE HUNDRED AND
NO/100THS DOLLARS ($1,268,300.00) of even date herewith in favor of Lender ("Loan"). Lender's Deed of
Trust is recorded concurrently herewith.
3. As a condition to Lender making the Loan secured by Lender's Deed of Trust, Lender requires that Lender's Deed
of Trust be unconditionally and at all times remain a lien or charge upon the Property, prior and superior to all
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HAREGA\REGACRAW2660K\SOB CI Y.1
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Loan No. 82650K
the rights of Beneficiary under its Security Documents and that Beneficiary specifically and unconditionally
subordinate its Security Documents to the lien or charge of Lender's Deed of Trust.
4. Beneficiary and Owner agree to the subordination in favor of Lender
THEREFORE, for valuable consideration and to induce Lender to make the Loan, Owner and Beneficiary hereby agree
for the benefit of Lender as follows:
4.1 Lender's Deed of Trust securing the Note in favor of Lender, and any modifications, renewals or
extensions thereof, shall unconditionally be and at all times remain a lien or charge-on the Property prior
and superior to Beneficiary's Security Documents; and
4.2 This Agreement shall be the whole agreement with regard to the subordination of Beneficiary's Security
Documents to the lien or charge of Lender's Deed of Trust and shall supersede and cancel, but only
insofar as would affect the priority of Lender's Deed of Trust, any prior agreements as to such
subordination, including, without limitation, those provisions, if any, contained in Beneficiary's Security
Documents which provide for the subordination of the deed of trust to a deed or deeds of trust or to a
mortgage or mortgages.
Beneficiary further declares, agrees and acknowledges for the benefit of Lender, that:
4.3 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; and
4.4 Beneficiary intentionally and unconditionally waives, relinquishes and subordinates all of Beneficiary's
right, title and interest in and to the Property to the lien or charge of Lender's Deed of Trust upon the
Property 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 by Lender 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.
5. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and
all of which together shall constitute and be construed as one and the same instrument
Exhibit A is attached hereto and incorporated herein by this reference.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH MAY ALLOW THE PERSON
OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY
BE EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE PROPERTY.
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HAREGABEGACRA162650K\SUB Cm'.1
Loan No. 8265OK
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS AGREEMENT,THE PARTIES CONSULT WITH THEIR
ATTORNEYS WITH RESPECT HERETO.
"BENEFICIARY" "OWNER"
CITY OF ARROYO GRANDE, OAK FOREST ASSOCIATES LIMITED PARTNERSHIP,
a municipal corporation and one of the a California limited partnership
cities of the State of California
By: Peoples' Self-Help Housing Corporation,
� / a California nonprofit public benefit corporation
nr �� � ^`
By: I V-� ' HO ( Its: General Partner
Its:
CITY MANAGER
By:
By' Its:
Its:
By-
Its:
yIts:
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
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R:NEGAVREGACRA\82850K1GUB CIN.1
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EXHIBIT A
Loan No. 8265OK
Description of Property
Exhibit A to Subordination Agreement executed by OAK FOREST ASSOCIATES LIMITED PARTNERSHIP, a California
limited partnership, as "Owner", and City of Arroyo Grande, as "Beneficiary", in favor of WELLS FARGO BANK,
NATIONAL ASSOCIATION, as "Lender", dated as of August 1, 1996.
All that certain real property located in the County of San Luis Obispo, State of California, described as follows:
PARCELS A, B, C AND D OF PARCEL MAP NO. AG-77-326, IN THE CITY OF
ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECORDED NOVEMBER 8 , 1977 IN BOOK 24 , PAGE 23 OF
PARCEL MAPS .
APN: 077-171-006
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H:REGAIREGACRA\82650K.SUB
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo 55-
On this 13th day of August 19 96, before me, Nancy A. Davis
a Notary Public in and for the State of California, personally appeared Robert L. Hunt
personally known to me 1- - -- - _ _. _'. .. _ - -= to be the person(s} whose name(s)
subscribed to to the within instrument and acknowledged to me that he/she/they-executed the same in his/iaer/heirautho-
rized capacity(ies4, and that by his/1%641 4r signature(s) on the instrument the person($, or the entity upon behalf of
which the person($ acted, executed the instrument.
WITNESS my hand and official sepal
Signature 71 C1,147-- a
0 NANCY A DAVE
My commission expires April 7 , 2000 tayR bn110R316)
S�atLuObKpoCWdY
` • / MYCarrm.Wan/
STATE OF CALIFORNIA
COUNTY OF ss.
Onthis _ day of 19 , before me,
a Notary Public in and for the State of California, personally appeared
personally known to me (or proved on the basis of satisfactory evidence) to be the-person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autho-
rized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature
My commission expires