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HomeMy WebLinkAboutAttachment No. 1 of 1 Draft Subordination AgreementAttachment No. 1 COI _NUATION OF SUBORDINATION AGREEi ,—NT RECORDING REQUESTED BY: Transamerican Escrow Company Order No. 13215088 Escrow No. 3488-JH Parcel No. 560-262-11-00 AND WHEN RECORDED MAIL TO: THE COMMUNITY DEVELOPMENT COMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA. 91950 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 THAHE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this 06 day of February, 2012, by Ramon Rodriguez and Leticia Rodriguez, Husband and Wife as Joint Tenants owner of the land hereinafter described and hereinafter referred to as "Owner", and present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Ramon Rodriguez did on 10/4/2002, execute a deed of trust to The Community Development Commission of the City of National City, as trustee, covering: The Easterly 80 feet of Lots 19 and 20 in Block 2 of the Subdivision of 10 acre Lot 5 in the Block 153 of Rancho De La Nacion (commonly called Sherman's Subdivision), in the City of National City, County of San Diego, State of California, according to the Map thereof No. 200, filed in the Office of the County Recorder of San Diego, County, January 26, 1882. to secure a note in the sum of $27,250.00, dated 10/24/2002, in favor of The Community Development Commission of the City of National City, which deed of trust was recorded 10/07/2002, as Instrument No. 2002- 0864853, Official Records of said county and is subject and subordinate to the deed of trust next hereinafter described; and WHEREAS, Ramon Rodriguez did on execute a deed of trust to LSI Title Company, as trustee, covering said land and securing an indebtedness not to exceed the amount of $194,950.00, in favor ofJPMorgan Chase Bank, N.A., hereinafter referred to as "Lender", which deed of trust is recording concurrently herewith, Official .Records of said county and provides among other things that it shall also secure additional loans and advances thereafter made upon the terms and conditions set forth; and WHEREAS, Owner has executed, or is about to execute, a note not to exceed loan amount of $194,950.00, dated , in favor of Lender, payable with interest and upon the terms and conditions described therein, which note evidences an additional loan to be made by Lender to Owner under the terms and conditions described therein, and secured by said deed of trust in favor of Lender; 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 of Lender; and Attachment No.1 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 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 Iien 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 pro for the subordination of the lien or charge thereof to another deed or deed of trust or to another rt1tra 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 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 note secured by 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 OR WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. BENEFICIARY OWNER Mortgagee, The Community Development Ramon Rodriguez Commission of the City of National City Mortgagee, The Community Development Commission of the City of National City (ALL SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY) IT IS RECOMMENDED TH,4T, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT; THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLTA SUBORDINATION FORM "C")