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Home My WebLink AboutFidelity National Title Co. 2005-10-20RECORDING REQUESTED BY: Fidelity National Title Company Escrow No.: 05-490100180-MC Locate No.: CAFNT0923-0949-0001-0235100031 Title No.., 05-235100031 When Recorded Mail Document To: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Attn: Gail Petersen 2005 2 R'74 9 ! eco•rded a•t. •t,toe r•ut: _.:}t, o•F F':I:I)l:::L.:I:'T'Y NPIT :1:0N AL. I I T l...1::. [ 0 :I.0/,20)/22t)05 10,,:21A ]"[A* AI... R1:::i:(:3RDS lYlttr {:>litx 6't I,J1r; r t' t:.:I.I=. Rr~~eo•r••de,-r• !t!er~tt:!o(::3.kIc) Courrt:y,, CA kl ~ll'.lllLI~IE&IIIAI~I~i_ Illli 1[1120 .P5m 115249 APN: 002-111-14 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 September 27, 2005, by Suzanne Parris, AKA Suzanne McCann, an unmarried woman owner of the land hereinafter described and hereinafter referred to as "Owner," and Ukiah Development Agency present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Suzanne Parris, AKA Suzanne McCann, an unmarried woman, did execute a deed of trust, dated November 15, 2000, to Redwood Empire Title Company of Mendocino, as trustee, covering SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF to secure a note in the sum of $10,113.00, dated November 15, 2000, in favor of Ukiah Development Agency, which deed of trust was recorded as instrument no. 2001-12990, on July 10, 2001, 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 t0A / CA g HI) b9TCl~ r = &fL'hereinafter referred to as "Lender," payable with interest and upon the terms and cond tions 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 RECORDED AT REQUEST OF FIDELITY NAT'L TITLE INITIALS: CLTA SUBORDINATION "A" FD-46A (Rev. 9/94) (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 1 of 3 (subora)(09-05) AM: 002-111-14 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. f1l[ij Jill[ 1111111111111111111111111111 Jill 11112005-22749 INITIALS: CLTA SUBORDINATION "A" FD-46A (Rev. 9/94) (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 2 of 3 (subora) API`s: 002-111-14 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. QV ,foi r,(, Ukiah Development Agency Suzanne Farris Candace Horsley Beneficiary (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF CALIFORNIA COUNTY OF Owner ON before me, the undersigned Notary Public rsonally appeared personally known to me ( e) to be the person whose name is/a subscribed to the within instrument and acknowledged to me that /she/t y executed the same in p /her/tjWir authorized capacity(i and that by gKher/tl r signature on the instrument the person; or the entity upon behalf of which the person] acted, executed the instrument. Witness my hand and official seal. eeMMf® ` e z 5 Nota eY Ptah „ e g , , Signature STATE OF CALIFORNIA COUNTY OF ON before me, the undersigned Notary Public personally appeared 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 ~~NY~~IMIIIW4~II~IIIHNI 1111 Jill pem 3152749 CLTA SUBORDINATION "A" FD-46A (Rev. 9/94) (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 3 of 3 (subora) AP14: 002-111-14 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 Owner (AL! SIGNATURES MUST BE ACKNOWLEDGED) STATE OF CALIFORNI COUNTY OF _ ON- T` ° before me, tl ° the undersigned Notary Public personally appeared 9 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 h d and officipl,-keal. Signature NGELA L. BERG COMM. #1365019 NOTARY PUBLIC -CALIFORNIA 0 SONOMA COUNTY -b Ply Comm. Expires July 15, 20055 ON before me, the undersigned Notary Public personally appeared 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 C[WC[I€~INE~N~IIIIIIIINiINIE~I'~~~IVINI~II 2005-22749 P9:4/5 CLTA SUBORDINATION "A" FD-46A (Rev. 9/94) (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 3 of 3 (subora) Escrow No.: 05-430100180-MC Locate No.: CAFNT0923-0949-0001-0235100031 Title No.: 05-235100031 EXHIBIT ""A"' The land referred to herein is situated in the State of California, County of Mendocino, City of Ukiah, and is described as follows: Beginning at a point where the North line of Cypress Avenue intersects the West line of North Oak Street in said City of Ukiah; thence Westerly along the North line of Cypress Avenue, 125 feet more or less to the Southeasterly corner of the land described in deed from Elmer M. Hooper, an unmarried man, to Richard L. Foster, et ux, dated September 23, 1955 and recorded September 23, 1955 in Book 409 of Official Records at Page 360, Records of Mendocino County, California; thence Northerly along the East line of said land deeded to Foster, 63 feet to the South line of the land described in a deed of trust from Arthur P. Matthews, et ux, Trustor; Redwood Empire Title Company, a Corporation, Trustee; and E.M. Hooper a widower, Beneficiary, of record in Book 631 of Official Records at Page 252, Records of Mendocino County, California; thence Easterly along the South line of said Matthews land a distance of 125 feet, more or less to the Southeast corner of said Matthews land which said corner is a point on the West line of North Oak Street; thence South along the West line of North Oak Street, 63 feet to the point of beginning. ]J'j nIIkSI pg 5-2 5/52749 Initials: