|
RECORDING REQUESTED BY: |
|
|
|
|
|
|
|
|
WHEN RECORDED MAIL TO: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ESCROW NO: |
|
|
TITLE ORDER NO: |
|
|
|
SPACE ABOVE THIS LINE FOR
RECORDER’S USE |
APN:
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY lNTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
THIS
AGREEMENT, made ,
by
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, ,
did execute a
deed of trust, dated ,
to
as
trustee, covering:
to secure a
note in the sum of $ ,
dated ,
in favor of ,
which deed of
trust was recorded as Instrument No. ,
on ,
in book , page ,
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 $ ,
dated ,
in favor of ,
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 of Lender; and
APN:
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 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, 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 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 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.
APN:
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.
IT IS RECOMMENDED THAT, PRIOR TO THE
EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Beneficiary |
|
Owner |
(ALL SlGNATURES MUST BE ACKNOWLEDGED)
State
of
County
of _________________________________________
On
__________________before me, (here insert name and title of the officer),
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
WITNESS
my hand and official seal.
Signature
____________________________________________ (Seal)
State
of
County
of _________________________________________
On
__________________before me, (here insert name and title of the officer),
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
WITNESS
my hand and official seal.
Signature
____________________________________________ (Seal)