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HomeMy WebLinkAboutCC RESO 8650RESOLUTION NO. 8C50 RESOLUTION AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT BE IT RESOLVED by the City Council of the City of National City, California that the Mayor is hereby auth- orized and directed to execute, and the City Clerk is auth- orized and directed to attest, that certain SUBORDINATION AGREEMENT between the City of National City and Walton Hinds, Margaret L. Hinds, Bobby D. Walton and Frances D. Walton. PASSED AND ADOPTED this 12th day of May, 1964. ATTEST: L 3 4 5 6 SUBORDINATION AGREEMENT THIS ,C R-:'_NT, rude this 12th day of May, 1964, by WALTON HINDS, iriAEGAR T L. HINDS, BOBBY D. WALTON and rROIlCES D. WALTON, owners of the land hereinafter described and hereinafter referred to as OWNERS, and THE CITY OF NATIONAL CITY, CALiYO NIA, a Municipal Corporation, present owner and holder of the Deed of Trust and note first hereinafter described and hereinafter referred to as `NI TNES SETH T J r. S p - TOM -TDB+ G ET I T 03 D;,-TON -,27'; +' . _. _v ;, �a� Hl:vu .aR,: �1 L r �75, 4� r D. and�. �3C7�..:1 :_.ETA? S, 1964, execute a Leen of 7.,s, to _'i t atic_ul O_ c f San DZ^c t_eC. a Elatione l Eankin7 tCsoo ifitM_on_ as Trustee coveT_'i nc That portion of Lots 37, 38, 3', 40, 82, 83, 84, 85, 94, 95, 96 and 97 of BAHIA VISTA, In the City of National City, County of San Diego, State,0 California, according to the Map thereof No. 1815, filed in the 0 rice of theCounty Recorder of said San Diego County December 19, 1924 *feel of Thirtieth Street as vacated and closed to public use1 dessi�ibb+ed as follows: Beginning at the Northeast corner of Lot 150 of said Bahia Vista, thence South 18° 35' East along the Westerly line of National:Ivenue, as shown on said AMq a distance of 28Cr.78 feet to the Southerli line of Thirtieth Street and its Easterly prolongation as dedicated by Resolution No. 8110 of the City of National City; thence at right angles South 71° 25' West along said Southerly line of Thirtieth Street and its Easterly prolongation 1379.17 feet to the beginning of a tansent 440.00 foot radius curve concave Northerly and the TRUE POINT OP BEGINNING; thence Northwesterly along: the arc of said curve through a central angle of 25° 53' 32" a distance of 198.84 feet to the Westerly line of that portion of said Bahia Vista conveyed to the City of National City by deed dated September 24,`1954 seat recorded in Book 5410, page 330 of Official Records of said County'thence; leaving Said curve Southerly along said Westerly line South 18° 3 i aaat a dietanoe of 247.41 feet to the most Southwesterly corner of saidtercel of lend t onveyed to the City of National City; thence Easterly alon the Southt rl boundary of said parcel of land North 53° 35' East a distend. .27et to an angle point therein; thence North 88 18' East a & 99.05 feet to the Southwesterly corner of land described, o Thai a P. Hearne et ux, recorded !March 17, 1964 as dot meat _ thereof or did in _- me. t 3 se Of tiasa►i Areorda,; thewoe along the Wester Nee, Ne se . Unit TO too to the IMUR POINT or mos 26 27 28 29 30 31 32 to secure e notep n the sum of l 2 000.00 dated ed Aer � , 1964 in favor of T v yI_S.0_1.^..', iCS G .TvCiAL27DP",..7.1I i, a -''.Lm-7 _ _t_ oration, w __scan,V.* ich Ta-o of A _ c recorded May 11, 19.64as .le No. 64. % - i3tok 1964, Series of O=f c_.a__ Records of said County and HEF c have executed e Trust � - 1 a o' n thesum of -- _..___ __ a Deed of is-�. ,.v _.... _ s1:.i 4>25, 6/_.L0 dated hay S, 1964 in favor of -T `TfiT1CAL P,NK OF S11 DIE.'O, made A SS, E _ _„i Nanking Association, 2 for o,. the purpose of constructing- improve- ments on the land described the -.. , - said note _ _ interest et the rate Cf s _ ceht 6%) ter annum, plus any late charges a_,d/or penalties and e coca a period of 15 years, - which Deed of Trust is to be recorded eontesi ..aneoue y herewi f:-t, and xe^C cc-, 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 X'RO WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust, last above mentioned, shall be and remain a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust, first above mentioned; NOW, THEREFORE, in consideration of the premises and other valuable consider- ation, receipt of which is hereby acknowledged and in order to induce FIRST NAT- IONAL BANK OF SAN DIEGO, a National Banking Association, to make the loan above referred to, it is hereby declared, understood and agreed that said Deed of Trust securing said note in favor of FIRST NATIONAL BANK OF SAN DIEGO, a National Banking Association, shall be and remain at all times a lien or charge on the property herein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. Beneficiary declares and acknowledges that he hereby intentionally waives, relinquishes and subordinates the priority and superiority of 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 FIRST NATIONAL BANK OF SAN DiEGO, a National Banking Association, above referred to, and that he understands that in reliance upon and in consideration of, this waiver, re- linquishment 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 by third parties which would not be made or entered into nut for said reliance upon this waiver, relinquishment and subordination. Beneficiary further declares that an indorsement has been placed on the note secured by 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 FIRST NATIONAL BANK OF SAN DIEGO, a National Bohking Association, above referred too IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year first above written. XERO THE C1 T OF lu"'"ION4 CITY C IFORN1A / �/ By: % ,-/ ,Clerk Walton Hinds T Margaret L. Hinds Bobby D. Walton Frances D. Walton (2) XERO 'COPY XEPO copy 41 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFO; NIA) (SS COUNTY OF SAN DIEGO) On May 12, 1964, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R. E. GAUTEREAUX, known to me to be the MAYOR, and IONE 4. M1NOGUE, known to me to be the CLERK of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instru- ment pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my hand and official seal. NOTARY PUBLIC IN AND FOR THE COUNTY OF SAN DIEG , STATE OF CALIFORNIA STATE OF CALIFORNIA) SS COUNTY OF SAN DIE?GO) On May 12, 1964, before me, the undersigned, a Notary Public in and for said County and atate, personally appeared WA.LTOd HINDS, MARGARET L. HINDS, BOBBY D. j'YALTON and FRANCES D. WALTON, ,,TON, known to me to be the persons whose names ere subscribed to the within instrument and acknowledged that they executed the same. XERO COPY. NOTARY PUBLIC IN AND FOR THE COUNTY OF SAN D1EEGO, STATE OF CALIFORNIA %ERO COPY xEao COPY