HomeMy WebLinkAboutSubordination Agreement RECORDING REQUESTED BY:
• , .FIRST AMERICAN TITLE COMPANY
• JULIE RODEWALD ASK
San Luis Obispo County—Clerk/Recorder 9/18/2012
Recorded at the request of 8:00 AM
Order No. 4127644 First American Title Company
Escrow No. 11559
Loan No. 1240042009 D O C#: 2012052519 Titles: 1 Pages: 6
29.00
Requested by and TFaexeess 0.00
WHEN RECORDED MAIL TO I (III 11/ 11111111,11111 III Others 0.00
City of Arroyo Grande PAID 529.00
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.
Zola
THIS AGREEMENT, made this 30th day of August, 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 April 18,2011, recorded as Instrument No. 11-
21322 on May 4, 2011 to City of Arroyo Grande as trustee, covering:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART
HEREOF.....Property Is commonly known as: 207 Grace Lane, Arroyo Grande, Ca.
93420
(APN: 007-019-034) •
to secure performance under the Buyer's Occupancy and Resale Agreement with Option to
Purchase, dated April 18, 2011, in favor of Beneficiary; and
WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of
$205,500.00 dated Sept. 7, 2012 in favor of BOOM , 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.
7ohn. 1A7/
L. Malinowski Owner
St�v�ln dau�s, Ct'{-Y A Qr C v;u ,i.
Beneficiary CA 'D.c (1 ((o�°G f�e ennifer alinowski Owner
/(CALL 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
1 . .. ' t •
•
Escrow No.: 011559
Date: August 9, 2012
"EXHIBIT A"
LEGAL DESCRIPTION
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 UNE 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 UNE 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,
Escrow No.: 011559
Date: August 9, 2012
"EXHIBIT A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF
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 COMPUANCE 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 COMPUANCE 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.
APN: 007-019-034
•
SUBORDINATION AGREEMENT
ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On September 11, 2012 before me, Kimberly A. Hines
A Notary Public in and for said State personally appeared
John L. Malinowski and Jennifer Malinowski
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
/are subscribed to the within instrument and acknowledged to me that here/they executed
the same in Igs/Idr/their authorized capacity(ies), and that by Ii/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.
Kimberly A. Hines S
Commission 0 1889588 E
Notary Public-California
• C\se t San Luis Obispo County
,/�/ , '^. My-Comm Expires May 18,2014
Signature A °1:%� N �_
(Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California I,�
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On "! " 17— /2-- before me, �e l/ Ulm lQ'' NOTOt y P1)D/i
Dote Hera Insert Name antl 71tie of the Of icer
personally appeared -ail/4 f\ S
Name(s)of Slgner(s)
who proved to me on the basis of satisfactory evidence to
be the person(s7 whose name4e) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/Aer'heir authorized
capacity(.iee}, and that by his/kw/their signaturej&) on the
instrument the personje), or the entity upon behalf of
� KELLY WETMORE which the person jet acted, executed the instrument.
:4 . Commission # 1837570
Notary Public-California
c San Luis Obispo County I certify under PENALTY OF PERJURY under the laws
M Comm.Ex Tres Feb 21.2013+ of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand n. official seal.
/ •
Place Notary Seal Above Signature gnat J of wary P •lc
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name' Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General RIGHTTHUMBPRINT ❑Partner—CI Limited ❑General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
❑
Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other.
Signer Is Representing: Signer Is Representing:
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02007 National Notary Armotlason•9350 De Soto Ave,PO Box 2402•Chatsonh,CA 91313-2402•YAweNetIonalNotaryorg Item#5907 Reorder Call Toll-Free 1-400-e70-6827
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