HomeMy WebLinkAboutSubordination Agreement (3) **This document was electronically submitted
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Recording Requested By: 2020025925
• Fidelity National Title Company Tommy Gong
San Luis Obispo-County Clerk-Recorder
Order No.ptSAM)'035'K 05/29/2020 08:00 AM
Recorded at the request of:
FNT SANTA MARIA ESCROW COST
Titles: 1 Pages:6
RECORDING REQUESTED BY AND Fees:$111.00
WHEN RECORDED MAIL TO: Taxes: $0 00
Total. $111 00
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.
i-h
THIS AGREEMENT, made this 2a day of May, 2020 by Juan M. Camacho and Juana
NAGMC cler 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 January
12, 2005, recorded as Instrument No. 2005003935 (the "Deed of Trust") to the City of
Arroyo Grande as Trustee, covering:
See Exhibit "A," attached hereto and incorporated by reference herein.
(APN: a portion of 077-121-006)
to secure performance under the Buyer's Occupancy and Resale Agreement with Option
to Purchase, dated January 12, 2005, recorded as Instrument No. 2005003934, in favor
of Beneficiary; and
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the
sum of $230,000 dated 1:ZZ .ZOZO 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
1 `
Recording Requested By:
Fidelity National Title Company
Order No.Q(S �tO S. 'v I
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 20 day of May, 2020 by Juan M. Camacho and Juana
dAMACHOBancia7 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 January
12, 2005, recorded as Instrument No. 2005003935 (the "Deed of Trust") to the City of
Arroyo Grande as Trustee, covering:
See Exhibit"A," attached hereto and incorporated by reference herein.
(APN: a portion of 077-121-006)
to secure performance under the Buyer's Occupancy and Resale Agreement with Option
to Purchase, dated January 12, 2005, recorded as Instrument No. 2005003934, in favor
of Beneficiary; and
WHEREAS, Owner-has executed, or is about to execute, a deed of trust and note in the
sum of$230,000 dated ZZ •ZDZO 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 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.
BENEFICIARY: OWNER:
-20
/ 1
Bill Robeso Acting City Manager Juan M. Camacho
Jua a elb^14Ctd -r-
(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 MALI /J, ,2020 , before me, 7C.7 ��EL-1 d , notary public,
personally appeared �il-ii /4. E4,0fActi-0, 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 is true and correct.
WITNESS my hand and official seal. '
A. ZELIS
(Notary Signature) (Seal) COMM.#2322293
. NomRY PUBLIC-CALIFORNIA
'-'
SAN LUIS OBISPO COUNTY
My Comm.Expires March 23,2024
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 /9A-Y 15, 20, before me, EA J , notary public,
J
personally appeared ' ikrWl- 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 is true and correct.
WITNESS my hand and official seal. •
(Notary Signature) (Seal)
A. ZELIS
COMM.#2322293
° NOTARY PUBLIC-CALIFORNIA
<$2 *, SAN LUIS OBISPO COUNTY
My Comm.Expires March 23,2024
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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 5-2 �� LL� 1����notary public,
) -OC , before me, (N
personally appeared B l [,G n8E5a rJ , 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 is true and correct.
WITNESS my han and official eal.
je51,/7 p
(Notary Signature) (Seal)
KELLYWETMORE
Notary Public-California1"67.111641b2.61.1"kjihababa"14iiirk
=
E San Luis Obispo County >
""►y Commission#2181303
My Comm.Expires Feb 21,2021
EXHIBIT A
Lot 8 of Tract No. 2505, in the City of Arroyo Grande, County of San Luis Obispo, State
of California, according to map recorded August 18, 2004, Pages 12, 13, 14 & 15 of
Maps, in the office of the County Recorder of said County.
APN: a portion of 077-121-006