Loading...
HomeMy WebLinkAboutSubordination AgreementAfter Recording return to: CITY OF NATIONAL CITY 140 East 12th Street, National City 91950 CA — LST File No: 1600504700 This instrument was prepared by: Towana Garrett LandSafe Title of California Inc. 1831 Chestnut St 6th FI St. Louis MO 63103 BOA Loan # 248698309 PARCEL TAX MAP ID NO: 5630211800 Real Estate Subordination Agreement THIS SUBORDINATION AGREEMENT ("MAY RESULT" OR "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 Real Estate Subordination Agreement ("Agreement") is executed as of the date herein, by CITY OF NATIONAL CITY having an address of 140 East 12th Street, National City 91950 ("Subordinator"), in favor of Bank of America, N.A., having an address for notice purposes of Bank of America 4161 Piedmont Parkway Greensboro, NC 27410 Whereas, Subordinator is the owner and holder of, or creditor under, the indebtedness described in and secured by a Deed of Trust or Mortgage dated 10/13/2011, executed by JOSEPH J. RADER And which was recorded on 10/17/2011 in Volume / Book N/A, Page N/A, and if applicable, Document Number 2011-0544016, of the land records of SAN DIEGO County, State of, California, in the amount of $32,835.00 as same may have been or is to be modified prior hereto or contemporaneously herewith (the "Senior Lien"), encumbering the land described therein (said land and such improvements, appurtenances and other rights and interests regarding said land, if any, as are described in the Senior Lien being called herein collectively the "Property") (see attached Exhibit "A"); and Whereas, Bank of America has been requested to make a loan, line of credit or other financial accommodation to JOSEPH J. RADER (joint and severally, "Borrower"), to be secured by, without limitation, a deed of trust or mortgage, (the "Junior Lien"), covering without limitation, the Property and securing the indebtedness described therein including the payment of a promissory note, line of credit agreement or other borrowing agreement made by Borrower and/or others payable to the order of Bank of America in the maximum principal face amount of $120,000.00, including provisions for acceleration and payment of collections costs (the "Obligation")' the Junior Lien and the Obligation to contain such other terms and provisions as Bank of America and Borrower shall determine; and Now, Therefore, for valuable consideration, Subordinator hereby subordinates the Senior Lien to Bank of America's Junior Lien, subject to the terms of this Agreement. The Subordinator's Senior Lien is subordinated to Bank of America's Junior Lien only to the extent of the Principal Amount of the Obligation and any amounts advanced pursuant to the terms of the Obligation or the security instrument for the payment of insurance premiums, taxes, costs of collection, protection of the value of the property or Bank of America's rights in the Property or foreclosure. All other rights of Subordinator now or hereafter existing in or with respect to the Property (including but not limited to all rights and to proceeds of insurance and condemnation) are hereby subordinated, and are and shall remain completely and unconditionally subordinate, to the Junior Lien and the rights of Bank of America regardless of the frequency or manner of renewal, extension, consolidation or modification of the Junior Lien or the Obligation. This Agreement shall inure to the benefit of the Subordinator and Bank of America and their respective successors and assigns, including any purchaser(s) (at foreclosure or otherwise) of the Property or any part thereof, and their respective successors and assigns. CITY OF NATIONAL CITY Signature Date Printed Name Title State of County of Acknowledgment: On day of 20 , before me, , a Notary Public in and for said State, personally 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. (seal) Signature of Person taking Acknowledgment Printed name Commission Expiration Date