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HomeMy WebLinkAboutSubordination Agreement (2) RECORDING REQUESTED BY 2018043707 FIRST AMOICAN TITLE Tommy Gong San Luis Obispo - County Clerk-Recorder Order No. 10/18/2018 11:06 AM Escrow No. Recorded at the request of Loan No. PUBLIC Titles: 1 Pages: 7 Fees: $114.00 Requested by and Taxes: 0.00 WHEN RECORDED MAIL TO: Total: $114.00 Tr City of Arroyo Grande 'III ,urini ;ggaI 300 E. Branch Street Arroyo Grande, CA 93420 Attn: c&Clerk C3-1G-1 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 29 day of August, 2018 by John L Malinowski and Jennifer Malinowski, 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 4/18/11 Instrument No. 2011021322 to City of Arroyo Grande as trustee, covering: See Exhibit"A" Legal Description Commonly referred to as 207 Grace Lane, Arroyo Grande, CA 93420, San Luis Obispo County APN: 007-019-034 to secure performance under the Buyer's Occupancy and Resale Agreement with Option to Purchase, dated 4/18/11, in favor of Beneficiary; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $80,000.00 dated 1171 12 12018 in favor of CoastHills Credit Union,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 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 OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF LAND. • City of Arroyo Grande / / , ' G�ycrONac�,( Benefi�yr4-,tom Owner 5 (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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 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 California County of dOCS\SRO `� On 'Pcvows- 291 2-0IS' before me, � \C`C.tr� YcSO 11 fof �1�1\L Date Here Insert Name and Title of the Offer Q personally appeared � -S S?-e co'v''L'C\ Name(s)of Signer(s) who proved to me 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 authorized 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. I certify under PENALTY OF PERJURY under the JESSICA MATSON laws of the State of California that the foregoing Notary Public California ara ra his true and correct. ?.h-:!. San Luis Obispo County v p g p Commission#2235281 -�,.°- My Comm.Expires Mar 22.2022 r WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above CCC��J Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: - a a e - I - ©2017 National Notary Association CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT - 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 CA )SS COUNTY OF Santa Barbara ) On ()C OS- before-rye, Brenda Manzo Notary Public, personally appeared �in�"1 m l fO1,U E1 who proved to me 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';ithey executed the same in his/their authorized capacity(ies), and that by his/a/their signature(s) on the instrument the person(s), or the entity 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 hand and official seal. BRENDA MANZO S ••ature U-r• ct COMM.#2196747 () -n4g. NOTARY PUBLIC•CALIFORNIA 6) 2 ;.,r SANTA BARBARA COUNTY O " / �� COMM.EXPIRES MAY 12,2021" My Commission Expires: May 12,2021_ This area for official notarial seal Notary Name: Brenda Manzo Notary Phone: 805-347-2915 Notary Registration Number: 2196747 County of Principal Place of Business: Santa Barbara CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 CA )SS COUNTY OF Santa Barbara ) On ; O(o,&OY? before me, Cynthia Veronica Alvarez , Notary Public, personally ppeared cYbrn who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. 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 official seal. ^ o �-- — ;ad:. > CYNTHIA VERONICA ALVAREZ ' COMM.#2103707 A (� gy,-NOTARY PUBLIC-CALIFORNIA G) 2 �v, SANTA BARBARA COUNTY 0 Si nature ,Fo • COMM.EXPIRES APRIL 15,2019 b -614X2nUI)C ,F My Commission Expires: April 15, 19 This area for official notarial seal Notary Name: Cynthia Veronica Alvarez Notary Phone: 805-347-2916 Notary Registration Number: 2103707 County of Principal Place of Business: Santa Barbara Exhibit"A" Legal Description A.P.N.: 007-019-034 Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: PARCEL 1: PARCEL B OF CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 10-004, ACCORDING TO DOCUMENT RECORDED APRIL 11, 2011,AS INSTRUMENT NO. 2011017723, OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF PARCEL A OF PARCEL MAP AGAL 10-0075 FILED OCTOBER 26, 2010 IN BOOK 74 OF PARCEL MAPS AT PAGES 48 THROUGH 50 AND ALL OF LOT 16 OF TRACT 2236 IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED DECEMBER 8, 2006 IN BOOK 29 OF MAPS AT PAGES 14 THROUGH 17, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 16 BEING A PK NAIL&TAG"LS 5693"SET IN PAVEMENT ACCEPTED IN LIEU OF 5/8"REBAR WITH PLASTIC CAP STAMPED"LS 5693" PER PARCEL MAP AGAL 10-0075;THENCE 1) NORTH 48°38'33"EAST A DISTANCE OF 68.01 FEET TO A POINT ON THE NORTHEAST LINE OF SAID PARCEL A WHICH BEARS SOUTH 51°41'04"EAST 95.66 FEET FROM THE MOST NORTHERLY CORNER OF SAID PARCEL A;THENCE 2) SOUTH 51°41'04"EAST ALONG THE NORTHEAST LINE OF SAID PARCEL A AND THE NORTHEAST LINE OF SAID LOT 16, A DISTANCE OF 226.24 FEET TO THE EASTERLY CORNER OF SAID LOT 16; THENCE 3) SOUTH 27°50'46"WEST ALONG THE SOUTHEAST LINE OF SAID LOT 16 A DISTANCE OF 104.01 FEET;THENCE 4) NORTH 43°41'57"WEST ALONG THE SOUTHWEST LINE OF SAID LOT 16 A DISTANCE OF 129.42 FEET;THENCE 5) SOUTH 78°10'58"WEST ALONG THE SOUTHEAST LINE OF SAID LOT 16 A DISTANCE OF 80.03 FEET; THENCE 6) NORTH 6°20'23"WEST ALONG THE WESTERLY LINE OF SAID LOT 16 A DISTANCE OF 110.79 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN UNDIVIDED 5/12TH INTEREST IN AND TO ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES PRODUCED ON SAID LAND AS RESERVED BY WILLIAM QUARESMA, JOSEPH QUARESMA, EDWARD QUARESMA, EVELINE LOVACZ, FORMERLY EVELINE QUARESMA, ERNEST OLIVE AND LUCILLE OLIVE SIMAS, IN DEED DATED JANUARY 3, 1952 AND RECORDED JANUARY 28, 1952 IN BOOK 643, PAGE 426 OF OFFICIAL RECORDS. SAID SURFACE RIGHTS HAVE BEEN RELINQUISHED BY CERTAIN DOCUMENTS RECORDED DECEMBER 29, 1977 IN BOOK 2036, PAGES 749 THROUGH 752 OF OFFICIAL RECORDS; RECORDED JANUARY 9, 1978 IN BOOK 2039, PAGE 2 OF OFFICIAL RECORDS AND RECORDED AUGUST 17, 1979 IN BOOK 2178, PAGE 840 OF OFFICIAL RECORDS. RESERVING UNTO THE GRANTOR HEREIN A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PRIVATE WATER, SEWER, DRAINAGE AND PUBLIC UTILITY PURPOSES OVER THAT CERTAIN PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 11, 2011 AS INSTRUMENT NO. 2011017723, SHOWN AND DEPICTED ON PARCEL MAP AGAL 10-0075 PER MAP FILED IN BOOK 74 PAGES 48 THROUGH 50 OF PARCEL MAPS AS"EASEMENT FOR RECIPROCAL INGRESS, EGRESS, PRIVATE WATER,SEWER, DRAINAGE AND P.U.E. PER THIS MAP". RESERVED EASEMENT IS TO BE APPURTENANT TO THE FOLLOWING PARCELS: PARCELS B OF PARCEL MAP AGAL 10-0075 PER MAP FILED IN BOOK 74 PAGES 48 THROUGH 50 OF PARCEL MAPS AND PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 11, 2011 AS INSTRUMENT NO. 2011017722. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PRIVATE WATER, SEWER, DRAINAGE AND PUBLIC UTILITY PURPOSES OVER THOSE CERTAIN PORTIONS OF PARCELS B AND C OF PARCEL MAP AGAL 10-0075 PER MAP FILED IN BOOK 74 PAGES 48 THROUGH 50 OF PARCEL MAPS AND PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED APRIL 11, 2011 AS INSTRUMENT 2011017722 AS SAID EASEMENT IS SHOWN AND DEPICTED ON PARCEL MAP AGAL 10-0075 IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 74 PAGES 48 THROUGH 50 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS"EASEMENT FOR RECIPROCAL INGRESS, EGRESS, PRIVATE WATER, SEWER, DRAINAGE AND P.U.E. PER THIS MAP". PARCEL 3: AN NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS AS DESCRIBED IN THAT CERTAIN EASEMENT GRANT DEED, RECORDED DECEMBER 8, 2006 AS DOCUMENT NO. 2006086701 OF OFFICIAL RECORDS. END OF DOCUMENT