HomeMy WebLinkAboutSubordination Agreement wording Requested By: JULIE RODEWALD ASK
��Oq� vl rr,E San Luis Obispo County—Clerk/Recorder 8/28/2012
IIXn /__" Recorded at the request of 9:47 AM
Or or No. Title Court Services Inc
Lon Escrow No. 2012035211 Pages: 5
Loan No. D 0 C# : Titles: 1 Pe es:
Requested
WHEN RECORDED MAIL TO: (III 111111 11111111 11111111 Others 0.00 TFaexeess
City of Arroyo Grande PAID $26.00
300 E. Branch Street
Arroyo Grande, CA 93420
Attn: City Clerk
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
5-6/9WAY'-/3 25'288
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.
aftup s 'io 13&d"4, L1
THIS AGREEMENT, made this_day of , by GatlfigBaili, 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,lulu 26. 2005, Instrument No. 2005-076061 to
City of Arroyo Grande as trustee, covering.
Lot 47 of Tract 2505, in the City of Arroyo Grande, County of San Luis Obispo,
State of California,according to map recorded August 18.2004 In Book 24, Page
12. 13, 14,& 15 of Maps, in the office of the County Recorder of said County
(APN: 077-127-027)
to secure performance under the Buyer's Occupancy and Resale Agreement with Option to
Purchase, dated Auaust 26. 2005, in favor of Beneficiary; and
WHEREAS, Owner has executed, or is about to execute, a deed of trust and,note in the sum of
5179.512.0Q dated L5.n c aO,go/S in favor of)13 Moraan Chase Bank. NA, 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 THAT IMPROVEMENT OF LAND.
-
Beneficia e =- < 0 -
SEE ATTACHED FORM FOR
(ALL SIGNATURES MUST BE ACKNOWLEDGED) NOTARY CERTIFICATE
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION
AGREEMENT,THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO
. •
State of California if /
County of C4 t1 LL.Lif uh,re°
On AO./ 1(Q,d-0/L before me, .ba rrla -4p-/ary4GYJl1‘C
" (here insert name and title of the officer)
personally appeared_th r/er go46 XPzQ,0.
who proved to me on the basis of satisfactory evidence to be the person(f)whose name( ) is/y6
subscribed to the within instrument and acknowledged to me that he/st/e hgy executed the same
in his/hhr/thgir authorized capacity(ie6), and that by his/hgr/th ir signature(%)on the instrument
the person(g),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 and official seal.
Signature
(Seal)
C. DASMANN
'� w� Commission# 1887973
z Notary Public-California
?!' San Luls Obispo County
My Comm.Expires May 1.2014
State of California /
County of 5�Gtrr LM 1 0,615/
On D$/4///a'�-- before me, /C! /D✓fD41 ,20727✓�J �46/'/G
ll 1_ ere insert ifi ert name and title of the o er)
personally appeared 57V 01_ l944/ .5
who proved to me on the basis of satisfactory evidence to be the person whose name(e)is/are
subscribed to the within instrument and acknowledged to me that he/saefthey executed the same
in hisfketAkeir authorized capacity•iesi, and that by his/kerItheir signature(ey signatures on the instrument
the person(e)-or the entity upon behalf of which the person(e'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.
Signature e,
(Seal)
KITTY N�
I�!r • Commission• 191921
�. ' Notary Public•CWbmta
San Lida Obispo County
r. . .
EXHIBIT A- Legal Description
Property Tax ID:077,127,027
Land in the city/township/village of ARROYO GRANDE and the County of San Luis Obispo,State of CA, more
particularly described as:
Lot 47 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 in Book 24, Pages 12, 13, 14, &15 of Maps,In tile office of the
County Recorder of said County.
Commonly described as: 1476 ASH ST,ARROYO GRANDE CA 93420
END OF DOCUMENT