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HomeMy WebLinkAboutD-1731A 21 Santa Rosa - Parcel map # SLO 79-223 Recorded 05/07/1987! Recording Requested by and When Recorded Mail to: City Attorney, City of San Luis Obispo 990 Palm Street, P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 P:04`;Ia�/07/674617 4 DOC..NO. 31.66 OFFICIAL RECORD SAN LUIS OBISPO-Co., CAL MAY 7 ]887 FRANCIS M. COONEY County Clerk .Recorder TIME 10: 30 AM 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 INSTRUMENT. THIS SUBORDINATION AGREEMENT is made between SOUTHWOOD APARTMENT PROJECT, a California Limited Partnership, hereinafter called Trustor, and CITY OF SAN LUIS OBISPO, a charterd municipal corporation of the State,of California, hereinafter called Bene- ficiary. WHEREAS, Trustor executed a Deed of Trust dated April 30 , 1987, in favor of Beneficiary, which was recorded on / , 1987, in Book ,M fR, Page , Official Records, in the "Office of the County Recorder of San Luis Obispo County, California, hereinafter called the Second Deed of Trust. WHEREAS, the Second Deed of Trust is security for a promis- sory note in the amount of $145,650.00 executed on the same date of said Deed of Trust by Trustor in favor of Beneficiary; WHEREAS, Trustor and Beneficiary also executed an Agreement Regarding Park "In- Lieu" Fees whereby Beneficiary grants to Trustor the right to pay a fee to the City of San Luis Obispo in lieu of dedication of property to public use; WHEREAS, the fee payable by Trustor to Beneficiary under the Agreement Regarding Park "In- Lieu" Fees is evidenced by the Second Trust Deed and promissory note described above; WHEREAS, Trustor is the owner of the real property subject to the Second Deed of Trust, hereinafter called "the Real Proper- ty," which is located in the County of San Luis Obispo, State of California, and is described in attached Exhibit A!,100 WHEREAS, Trustor desires to obtain a new loan, hereinafter refered to as a "Take -Out .Loan," in an amoun.t'not to exceed 8.7 million dollars from a bank of Trustor's choice, hereinafter referred to as "Lender," but said Lender requires that said loan be secured by a deed of trust, hereinafter referrred to as the "First Deed of Trust," which will be prior to the Second Deed of 1 VCL 2988PAGE 543 !--)n 8100 RI _5Q�j RI 13 :00PUT1 Trust; and WHEREAS, Beneficiary is willing to subordinate the lien of the Second Deed of Trust, and the Agreement Regarding Park "In- Lieu" Fees, insofar as it encumbers the Real Property, to the First Deed of Trust in order that Trustor may obtain the Take -Out Loan from Lender. NOW, THEREFORE, the parties hereto agree as follows: Terms of Subordinating.Loan 1. The terms of the Take -Out Loan secured by the First Deed of Trust from Lender to Trustor shall be as follows: a. The total amount of the take -out Loan shall not exceed the sum of 8.7 million dollars;. b. The proceeds of such take -out loan shall be used to pay in full any construction loans on the Real Property ; C. The interest on such take -out loan shall not be greater, excluding late charges and penalties or fees payable on default, than twelve percent (12 %) per annum, or no more than 2.50% over the 11th District Cost of Funds. d. Such take -out loan shall be payable over a period of not .more than 45 years; e. The total amount of such take -out loan shall not exceed ninety percent (90 %) of the value, as determined by the lender thereof, of said property as improved by Buyer or his successors in interest; and f. The term "Lender" as used in this Agreement shall mean a bank, insurance company or correspondent thereof, building and loan association, savings and loan association, pension fund, or similar organization. g. The Second Deed of Trust shall not be subordinated to the-new loan, i.e., the First Deed of Trust, if at the time of recordation of said First Deed of Trust an unrescinded notice of default of the Second Deed of Trust is of record in the Office of the County Recorder of the County of San Luis Obispo. Subordination 2. A.s an inducement to Lender to grant the Take -Out Loan to Trustor, Beneficiary and Trustor do hereby subordinate the Second Deed of Trust and the Agreement Regarding Park "In- Lieu" Fees to the First Deed of Trust to be hereafter executed by Trustor, or its successor in interest, covering the Real Prperty, in favor of Lender. The Beneficiary, City of San Luis Obispo, and Trustor, Southwood Apartment Project, a California Limited Partnership, 2 VOL 21988PAGE544 m a m X I L m CAT. NO. NNO0630 TO 1946 CA (7 -82) (Partnership) AND STATE OF CALIFORNIA 1 ATCOR COMPANY COUNTY OF San Luis Obispo Ij SS. -P, -5.. On May 4, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick N. Smith, General Partner , personally known to me or proved to me on the basis of satisfactory evidence to be the person _ who executed the within instrument as general partneaf zhmqnnn= of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature OFFICIAL SEAL MARILYN PERRY � � Notary Public - California :Principal Office In San Luis Obispo County My CoTin Exp. Aug. 12, 1987 VOL 2988PAGE546 (This area for official notarial seal) z i I I I I i STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On this 7th day of May , in the year 1987, before me Marilyn Perry personally appeared M. Multari , known to me to be Community Development Director of the City of San Luis Obispo and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that the City of San Luis Obispo executed the same. • Y Notary P blic I I OFFICIAL SEAL ; MARILYN PERRY I Notary . Pubiic - California l (SEAL) �� Principal Office In San Luis Obispo County I My Comm. Exp. Aug. 12, 1987 further declare that the lien of the Lender's First Deed of Trust shall be and is in all respects a lien prior to and superior to the lien of the Second Deed of Trust and the Agreement Regarding Park "In- Lieu" Fees in favor of Beneficiary, City of San Luis Obispo. Inurement 3. This Subordination Agreement shall inure to the benefit of the Lender, its legal representatives, successors, and as- signs, and shall be binding upon Beneficiary and Trustor and their respective heirs, legal representatives, successors, and assigns. DATED: $ 77 , 1987 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 CITY OF SAN LUIS OBISPO 'A Chartered Municipal Corporation of the State of California BY TRUSTOR SOUTHWOOD APARTMENT PROJECT, A California Limited Partnership Patrick V. Smith, General Partner t 4 VOL 29 -8pPAd545 ' 3 .. LEGAL DESCRIPTION OF PROPERTY Parcel 1 of Parcel Map No. SLO -79 -223 i { n the City of San Luis Obispo, County of San Luis Obispo, State of California, recorded April 23, 1980 in Book 29, Page 25 of Parcel maps in the Office of the County Recorder of said County. 'T'MFNT PROJECT