HomeMy WebLinkAboutSubordination Agreement (3) **This document was electronically submitted
to San Luis Obispo County for recording**
2020020580
Tommy Gong
RECORDING REQUESTED BY: San Luis Obispo—County Clerk-Recorder
04/29/2020 08;17 AM
First American Title Company
Recorded at the request of:
WHEN RECORDED MAIL DOCUMENT TO: FIRST AMERICAN TITLE COMPA Y
City of Arroyo Grande Titles: 1 Pages:8
300 E.Branch Street Fees:$117.00
Arroyo Grande,CA 93420 Taxes: $0.00
Attn:City Clerk Total: $117.00
Space Above This Line for Recorder's Use Only ... .
A.P.N.:007-776-062 File No.:4008-6149710(RL)
Property Address: 579 Camino Mercado 125,Arroyo Grande,CA 93420-1803
Subordination Agreement
Title of Document
The undersigned declares that the document to which this page is affixed and made a part of is exempt from the
fee imposed by the Affordable Housing&Job Act(SB2)(GC 27388.1)
()Recorded[concurrently]in connection with a transfer of real property subject to the imposition of
Documentary Transfer Tax per GC 27388.1(a)(2).
()Recorded[concurrently]in connection with a transfer of real property that is residential dwelling to an owner-
occupier per GC 27388.1(a)(2).
()Maximum fee of$225 has been reached per GC 27388.1(a)(1).
()Not related to real property GC 27388.1(a)(1).
ent
Original ®°curn
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF ARROYO GRANDE
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 24tlalay of April, 2020 by Mildred K. Wylie and Roger L.
Wylie, owners 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
WHEREAS, Owner executed a Deed of Trust and Security Agreement, dated July 17,
2008, recorded as Instrument No. 2008042783 (the "Deed of Trust") to the City of Arroyo
Grande as Trustee, covering:
See Exhibit"A," attached hereto and incorporated by reference herein.
(APN: 007-776-062)
to secure performance under the Buyer's Occupancy and Resale Agreement with Option
to Purchase, dated July 17, 2008, recorded as Instrument No. 2008042784, in favor of
Beneficiary; and
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the
sum of $86,000 dated 04-24-2020 in favor of Wells Fargo Bank, N.A., 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
Original Document
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 the note and deed of trust in favor of Lender above referred to, and
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.
BENEFIC = 'Y: OWNER:
James B- 1'17,_I) y Manager Mildred K. Wylie
Roger L. WGyl e v
(ALL SIGNATURES MUST BE ACKNOWLEDGED.)
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 California )
County of San Luis Obispo ) � ���,�
On Qin\ZB" `l,10 , before me, SciCQ1 �C`G �1 1 , notary public,
personally appearedrc 11 1 , who proved to me on the basis of
satisfactory evidence to be the perso ) 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 laws of the State of California that the
foregoing paragraph is true and correct.
NESS my hand and official seal.
otary Signature) (Seal) JESsscAMArsop
;:�itt',.; NSotnarysuOf-California
Commission sNpCoty
lllOM
MY Comm.Expires Ayr 22,2021 r
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 California )
)
County of San Luis Obispo ),
On 0 y• ZO 2420 , before me, '111Ct i f hathM 2-, , notary public,
personally appeared rv1 i 14 red K . Wy t i 2 , 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 laws of the State of California that the
foregoing paragraph true and correct.
WITNESS my ha► :rand o -a seal.
(Notary Sig,ature) ( ,= . ..
-41-'`'.'4%,,,, TRICIA MARTINEZ
Commission#2210866
,., . '� �1til Notary Public
�x California
F SAN LUIS OBISPO COUNTY
..k...;::::-%_:,
\`-` ":,-' My Canmissjon Expnes September 17,2021
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 California )
)
County of San Luis Obispo )
On 0L 2LI 16 20 , before me, ` taa rna4rxe2 , notary public,
personally appeared t2o Cr I,• Wylie , 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 laws of the State of California that the
foregoing par. graph is tr. - and correct.
WITNESS hand - d official seal.
u TRICIA MARTINEZ.
(Notary •igna •re) (S:'=/'f'� ,'% Commission#2210866
__"�.`,�p�`.:,=-X1 Notary Public
5�►/ California 4
SAN LUIS OBISPO COUNTY
� ' My Conmission Expires Sept4xnber 17,2021
o-
File Number: 4008-6149710
Exhibit"A"
Legal Description
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as
follows:
A CONDOMINIUM COMPRISED OF:
PARCEL 1:
AIRSPACE ENVELOPE NO. 1 OF TRACT 2616, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, AS SHOWN AND PARTICULARLY DESCRIBED ON THE FIRST AMENDED
CONDOMINIUM PLAN FOR TRACT 2616, RECORDED JANUARY 11, 2007 AS INSTRUMENT NO. 2007-
002198 OF OFFICIAL RECORDS.
EXCEPTING AND RESERVING THEREFROM, A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS,
EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES,
ALL AS DESCRIBED IN THE SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF TRACT
2616 (?DECLARATION?), RECORDED MARCH 7, 2007 AS INSTRUMENT NO. 2007-015380 OF OFFICIAL
RECORDS.
PARCEL 2:
AN UNDIVIDED 1/61 INTEREST AS A TENANT IN COMMON IN THE UNDIVIDED INTEREST COMMON
AREA AS DEFINED IN THE DECLARATION, REFERRED TO ABOVE, WHICH UNDIVIDED INTEREST
COMMON AREA CONSISTS OF THE REAL PROPERTY DESCRIBED AS LOT 1 OF TRACT 2616, IN THE CITY
OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED JULY 19, 2005 IN BOOK 26, PAGES 81 AND 82 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, INCLUDING ANY UNDIVIDED INTEREST COMMON AREA DULY JOINED
THROUGH A DULY AUTHORIZED DECLARATION OF ANNEXATION PURSUANT TO THE DECLARATION.
EXCEPTING AND RESERVING THEREFROM, AIRSPACE ENVELOPES 1 THROUGH 61 INCLUSIVE, AND ANY
AND ALL IMPROVEMENTS THAT ARE OR WILL BE LOCATED THEREON.
ALSO EXCEPTING AND RESERVING THEREFROM, NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS,
EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES,
ALL AS DESCRIBED IN THE DECLARATION.
PARCEL 3:
AN EXCLUSIVE EASEMENT FOR STORAGE AND PARKING APPURTENANT TO PARCEL ONE, WHICH
STORAGE AREA AND PARKING AREA ARE DEFINED IN THE DECLARATION, FOR USE AS MAY BE
PERMITTED IN THE DECLARATION.
PARCEL 4:
NON-EXCLUSIVE RIGHTS APPURTENANT TO PARCEL ONE ABOVE, FOR ACCESS, INGRESS, EGRESS,
ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES ALL AS
DESCRIBED IN THE DECLARATION REFERRED TO ABOVE.
A.P.N.: 007-776-062