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HomeMy WebLinkAboutD-1956 APN: 053-066-005 Recorded 09/24/2013r1 LJ 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 - 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 above mentioned to the lien or charge of the deed of trust in favor of the 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. It 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 but 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. It .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 Page 2 of 5 INMALS' L 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. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR. ATTORNEYS WITH RESPECT THERETO. City of San Luis Obispo, Beneficiary: Owners: Marissa R. Perona Nathan Ryan (ALL SIGNATURES MUST BE ACKNOWLEDGED) Page 3 of 5 INITIALS j � • 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. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. City of San Luis Obispo, Beneficiary: Owners: M . Peron Nathan Rydn Page 3 of 5 (.ELI; SIGNATURES MUST BE ACKNOWLEDGED) INITIALS 'v STATE OF CALIFORNIA } } ss COUNTY OF SAN LUIS OBISPO } On June 26, 2013, before me Maeve Kennedy Grimes, City Clerk, personally appeared Katie Lichtig, City Manager, City Of San Luis Obispo, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in.her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person 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 this 26th day of June, 2013. Signature Maeve Ken e y Grimes City Clerk, ity of San Luis Obispo Per Civil Code 1181 s '14V U • W Notary Acknowledgement State of County of Sk, L,,P�S ! ; On NuA,,9c zk, InU� before me, personally appeared tAa<-k55 alyw,, personally known to me (or 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. Witness my hand and official seal. Signature and Stam ANNA MAFORT -LACY COMM. #1984790 ME NOTARY MBUC • CAUL SAN LUIS OBISPO COUNTY Comm. &P. JULY 12120'16 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of S av-\ L\,A S t tSQ On f1\ jig9 a.li So%''before me, n�t,�.. t�A: oek- - `.o h orm Z CL, C.. , (Here insert name an&TMe 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 California that the foregoing paragraph is true and correct. ANNA MAFORT -LACY WITNESS my hand and official seal. COMM, #1984790 ; NOTARY weua • CAUFORNIA SAN LUIS OBISPO COUNTY (No Eel o mm. EXp. JULY 12; 2016 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attachea-locument) (Title or description of attached document continued) Number of Pages . Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifj4ng the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach thisform if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she/t#me)- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits; otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document • Order No. 150- 1498333 -07 Eihilbii "A" Parcel 1: Unit 1303, delineated and described on that certain Phase 1 Condominium Plan for laurel Creek (the "Condominium Plan") recorded November 26, 2008 as Instrument No. 2008058967 and amended recorded April 10, 2009, as Instrument No. 2009017706 and August 25, 2009, as Instrument No. 2009047694 in the Official Records of San Luis Obispo County, California, which Condominium Plan covers and affects portion of Lots Sand 7 of Tract No. 2707, in the City of San Luis Obispo, County of San Luis Obispo,. State of California, according to map recorded December 7, 2007 in Book 31, Pages 1 through 3, inclusive, of Maps, in the office of the County Reorder of said County. Excepting and Reserving Therefrom non - exclusive easements over, upon, under and through said Unit for the benefit of the Association and others as more particularly described in the CC &Rs (defined below). Parcel 2: An undivided one - thirteenth (1/13) fee simple interest as a tenant in common in and to the Phase Common Airspace of the Phase 1 Module as those terms are defined, described and delineated on the Condominium Excepting and Reserving Therefrom non - exclusive easements over, upon, under and through said Phase Common Airspace for the benefit of the Association and others as more particularly described in the CC &Rs (defined below) Parcel 3: Nonexclusive easements for the uses and purposes set forth In the CC &Rs (defined below) upon, over, under and through the Association property and the other Units in the project from time to time (as those terms are defined In the CC &Rs) as such easement are described and reserved for the benefit of Grantee and others in the CC &Rs (defined below). Parcel 4: An exclusive use easement appurtenant to said Parcel 1 for the operation and maintenance of an air conditioner compressor and pad therefore upon and over the Association Property together with a nonexclusive easement for utility connections for the same. The exclusive use easement area consists of a concrete pad located outside of the building In the vicinity of said Parcel 1 and Is Identified with signage placed on the same as being appurtenant to said Parcel 1: Parcel 5: An exclusive use easement appurtenant to said Parcel 1 for a deck upon and over that portion of the Association Property that is situated out of the building and immediately adjacent to said Parcel 1, the same being more particularly defined, delineated, and described on said Condominium Plan. TEND OF DOCUMENT Recording Requested By: X33 Rem /3 �- y Y ORANGE COAST TITLE WHEN RECORDED RETURN TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: City Clerk JULIE RODEWA. AG San Luis Obispo county— clerk/Recorder 9/24/2013 Recorded at the request of 8:43 AM ' Public u o C #: 2013054489 Titles: 1 Pages: 9 Fees 38.00 Taxes 0.00 Others 7.00 PAID $45.00 Record for the benefit of the City of San Luis Obispo At No Fee under Section 27383 of the Government Code. The undersigned declare that there is no documentary Transfer tax on this matter. APN: 053- 066 -005 5�/ I /A16 j 1 pogo° 3 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 cZb , 2013, by Marissa R. Perona and Nathan Ryan Owner of the land hereinaft# described and hereinafter referred to as "Owner," and City of San Luis Obispo, present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as `Beneficiary"; WITNESSETH THAT WHEREAS, Marissa R. Perona and 'Nathan Ryan, did execut� a deed of trust, dated October 16, 2009, to JPMorgan Chase Bank, N.A., as trustee, covering property located at 862 Tarragon Lane, as more particularly described in Exhibit One; SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF To secure a note in the sum of $65,000, a deed of trust was recorded October 23, 2009, in favor of City of San Luis Obispo, which deed of trust was recorded as instrument No. 2009059454 of _Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note not to exceed the sum of $209,900 dated k jqj in favor of JPMorgan Chase Bank N.A., hereinafter referred to as "Lender," payalAe with interest and upon the terms and conditions. described therein, which deed of trust is to be recorded eeaeemvA1ykerewi*h; aK- 0r1% 1r1SfirU'�l1�- /U4. � 1 �- n�9e 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 Pagel of 5 INITIALS 1 . 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 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 lieii'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 above mentioned to the lien or charge of the deed of trust in favor of the 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. It 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 but 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., It 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 Page 2 of 5 INITIAL