HomeMy WebLinkAboutSubordination Agreementorder No. 400204934KMM Escrow No.
Loan No.
Requested by and
WHEN RECORDED MAIL TO:
City of Arroyo Grande
3mM E. Branch Street
Arroyo Grande, CA 93420
Attn: City Clerk
JULIE RODEWALD
San Luis Obisuo County- ClerWRecorder
Fees 26.00
Taxes 0.00
Others 0.00
PA1 D S26.00
Recorded at the request of 8:00 AM
Fidelity Title Corrlpany
SPACE ABOVE THlS LINE FOR RECORDER'S USE ONLY
DOC#: 2011055510
SUBORDINATION AGREEMENT
Titles: 1 Pages: 5
NOTICE: THlS 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.
THlS AGREEMENT, made this &day of OC T. dot\ , by C Landus and K;r~fin L*nde7s
owner of the land hereinafter described and hereinafter referred to ds 'Owner", and The Citv of Arrovo
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, datedAori1 14 11 Instrument No. 201 102 1087
to Citv of Arrovo Grande as trustee, covering:
to secure performance under the Buyer's Occupancv and Resale Aclreement with Option to
Purchase, dated41 141 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 9 31 7,543.00
dated oct ober 77. 701 1 in favor of BOCM , 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 tlie same shall, when recorded, constitute a lien or
charge upon said land which is unconditionallv orior 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 subordi,nated to the lie? or charge of the deedaf trust in favor of Lender
above referred to.
NOTICE: THlS 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 'THAT IMPROVEMENT OF LAND.
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THlS SUBORDINATION
AGREEMENT, THE PARTIES CONSULT WlTH THEIR ATTORNEYS WlTH RESPECT THERETO
State of California 1
County of San Luis Obis~o 1
On October 28, 2011 before me,
B. Dominclues Notary Public (here insert name and title of the officer),
personally appeared Clav Landers and Kirsten Landers ,
who proved to me on the basis of satisfactory evid to be the person(s) whose to the within
me that hetshaexecuted the same in capacity(ies), and
on the instrument the person(s), or the person(s) acted,
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WlTNESS my hand and {ficial seal. .
Signature (Seal)
Attached to Subordination Agreement
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
On 10-31- 11
Date
UhAfy p? b I; c. ,
Here Insert Name andTi(le 01 lhe Otlicer J
personally appeared
Name@) of Sign&)
Place Nolary Seal Above
who proved to me on the basis of satisfactory evidence to
be the persow whose name(6J is/mubscribed to the
within instrument and acknowledged to me that
he/- executed the same in hishedtheir authorized
capacity(-, and that by his- signature0 on the
instrument the person(& or the entity upon behalf of
which the person@) 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 aJd official seal., ,
Signature
OPTIONAL J /I
Though the information below is not required by law, it may prove valuable to persons
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document 1
Title or Type of Document:
/'
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
/
Capacity(ies) Claimed by Signer(@ /
Signer's Name:
Individual
Corporate Officer - Title(s):
Partner - Limited Gene
Attorney in Fact
Trustee
Corporate Officer - Title(s):
Partner - Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing: I
&7 Nauonal Notary Assodation 9350 De Solo Ave.. PO. Box 2402 .Challworth. CA 91313-24m. www.NaUonalNotaryorg llern U5907 ReordecCallToll-Free 1800876-6@27
Title No. 11400204934-RB
Locate No. CAFNT0940-0940-0002-0400204934
LEGAL DESCRIPTION
EXHIBIT "An
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CTP( OF ARROYO GRANDE, COllNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
Parcel C of Parcel Map AGAL 10-0075, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to Map recorded October 26,2010 in Book 74, Pages 48 through 50 of Parcel Maps, in the
Office of the County Recorder of said County.
Excepting therefrom an undivided 5112th 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
Lovaa, 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.
PARCEL 2:
A non-exclusive easement for ingress, egress, private water, sewer, drainage and public utilrty purposes over
those certain portions of Parcel B of Parcel Map AGAL 10-0075 per map filed in Book 74 Pages 48 through 50
of Parcel Maps; Parcel A of Certificate of Compliance recorded April 11,2011 as instrument 2011017722 and
Parcel B of Certificate of Compliance recorded April 11,2011 as instrument 2011017723 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 countyas
"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.
APN: 007-019-030
END OF DOCUMENT
CLTA Preliminary Report Form - Modified (11/17/06)