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HomeMy WebLinkAboutAttachment No. Subordination AgreementAttachment No. 1 RECORDING REQUESTED BY Lawyers Title - SD AND WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APN: 558-092-39-00 Escrow No: CAL15844 -LT145 - NL Title No: 311317905 Space above this line for Recorder's use 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 AUGUST 16, 2011 by MIGUEL S. HERNANDEZ AND ALICIA B. HERNANDEZM • • . HUSBAND AND WIFE AS JOINT TENANTS owner of the land hereinafter described and hereinafter referred to as "Owner", and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Owner has executed a deed of trust, dated OCTOBER 10, 1996, to CONTINENTAL LAWYERS TITLE , as trustee, covering: For legal description of the real property, see Exhibit A attached hereto and made a part hereof. Commonly known as: 1334 Tecolote Court, National City CA, 91950 to secure a note in the sum of $ 25,000.00, dated OCTOBER 10, 1996, in favor of COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, which deed of trust was recorded OCTOBER 30, 1996, as instrument No. 1996-0549446 Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $195,000.00, dated , in favor of SAN DIEGO COUNTY CREDIT UNION , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times 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; 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 the deed of trust in favor or 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, Page 1 of 5 Attachment No. 1 • Escrow No.: CAL15844 - LT145 - NL 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 shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore 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 approves (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 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 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 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 THE LAND. Beneficiary Owner MIGUEL S. HERNANDEZ ALICIA B. HERNANDEZ Page 2 of 5 Attachment No. 1 (All signatures must be acknowledged) Form Furnished By Lawyers Title Carlsbad • IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (SUBORDINATION FORM "A") Deed of Trust to New Deed of Trust Page 3 of 5 suborda Attachment No. 1 Escrow No.: CAL15844 - LT145 - NL STATE OF CALIFORNIA COUNTY OF On before me, , a Notary Public, personally (here insert name and title of the officer) }SS: appeared 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. Signature STATE OF CALIFORNIA COUNTY OF On before me, , a Notary Public, personally (here insert name and title of the officer) (This area for notary stamp) }SS: appeared 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. Signature (This area for notary stamp) Page 4 of 5 Attachment No. 1 Exhibit A All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: Parcel 1: Lot 3 of Map 13296, in the City of National City, County of San Diego, State of California, maps in the office of the County Recorder of San Diego County, California. Parcel 2: Non-exclusive easements for access, ingress, egress and other purposes, all as described and subject to the Declaration of Restrictions recorded on February 2, 1996, as file no. 1996-0053669, official records of San Diego County, California.