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Subordination Agreement 2016-0455304RECORDING REQUESTED BY: TITLE 365 WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: CITY OF POWAY 13325 CIVIC CENTER DRIVE POWAY, CA 92064 ATTN: CITY CLERK DOC# 2016 - 0455304 II fl I I I IIIII 11 I I II III I III I IIIII II I I II I I IIII I II III Aug 31, 2016 03:10 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: 342.00 PAGES: 10 TITLE NO. CA0410- 16008187 -41 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE SUBORDINATION AGREEMENT RESIDENTIAL REHABILITATION LOAN This document is executed in counterpart RECORDING REQUESTED BY: TITLE 365 WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: CITY OF POWAY 13325 CIVIC CENTER DRIVE POWAY, CA 92064 ATTN-. CITY CLERK TITLE NO. CA0410- 16008187 -41 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE SUBORDINATION AGREEMENT RESIDENTIAL REHABILITATION LOAN rdis document is exerut @d it counterpart Recording Requested by And When Recorded Mail to: City of Poway 13325 Civic Center Drive Poway, CA 92064 Attn: City Clerk SUBORDINATION AGREEMENT RESIDENTIAL REHABILITATION LOAN 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 August 1, 2016 by Donna D. Italiano, a married woman as her sole and separate property, owner of the land hereinafter described and hereinafter referred to as "Owner," and Poway Redevelopment Agency and City of Poway, present owner and holder of the deed of trust and note first hereinafter collectively described and hereinafter collectively referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Owner, did execute a deed of trust, dated June 26, 2008, to Comprehensive Housing Services, Inc., a California Corporation, as trustee, covering the property located at 13421 Orange Blossom Lane, Lot 131 of Midland Estates Unit No. 3, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 7199, filed in the Office of the County Recorder of San Diego County, February 8, 1972, to secure a not in the sum of $9,050, dated June 26, 2008, in favor of Beneficiary, which deed of trust was recorded as instrument no. 2008 - 0400750, on July 28, 2008 and subordinated on March 26, 2009 as instrument no. 2009- 0153456. WHEREAS, owner has executed, or is about to execute, a deed of trust and note in the sum of $187,000 dated e,\ � i k-C, , in favor of PERIL Mortgage, Inc., a corporation service company, Lawyers Incorporating Service, hereinafter referred to as "Lender" payable with interest and upon the terms and conditions describe therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, on February 1, 2012, the Poway Redevelopment Agency was dissolved by operation of law, and, pursuant to California Health and Safety Code Section 34173, the City of Poway became the Successor Agency to the former Redevelopment Agency; and WHEREAS, as a result of the dissolution of the Redevelopment Agency, and in accordance with Health and Safety Code Section 34173, said Deed of Trust has been assigned to the Successor Agency; and This document is executed Subordination A in counterpart WHEREAS, the undersigned present Beneficiary desires to substitute a new Trustee under said Deed of Trust in place of COMPREHENSIVE HOUSING SERVICES, INC.; 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 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) 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; Subordination A 2 (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represent 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; and (c) It intentionally and unconditionally waives, relinquishes and subordinates 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. 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 ON THE LAND. IN WITNESS WHEREOF, parties hereto have signed this Agreement as of the day and year first above written. BENEFICIARY: CITY OF POWAY AS SUCCESSOR AGENCY By: 6� Tina White, Acting City Manager LENDER: PERL MORTGAGE, INC. CSC LAWYERS INCORPORATING SERVICE Ken Perimutter, President SUCCESSOR TRUSTEE: CITY OF POWAY By: Tina White, Acting City Manager OWNER: Donna D. Italiano ALL SIGNATURES MUST BE NOTARIZED Subordination A 3 California All- Purpose Acknowledgment CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On c,- mt J J06P before me, Carol S. Legg, Notary Public, personally appeared Tina White, who pr ved to me on the basis of satisfactory evidence to be the person(} whose name{4 is /a-Fe subscribed to the within instrument and acknowledged to me that #e /she / executed the same in 4+s /her /#ie4 authorized capacity(+es), and that by 4is /her /t4e4 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. CAROL S. LEGG Ank = ommission N 2105416 I 10 Notary Public - CaNlornia San Diego County My Comm. Mires 28 2019 OPTIONAL Carol S. Legg, NotaN Public Title or type of document: Subordination Agreement, Residential Rehabilitation Loan Document Date: August 1, 2016 Number of Pages: Three Signers Other Than Named Above: Ken Perimutter for Lender and Donna Italiano, Owner (neither has signed yet at time of this notarization) GOVERNMENT CODE 27361.7 I, M. Orozco, certify under penalty of perjury that the notary seal on the document to which this statement is attached read as follows: Name of the Notary: c1,r0 1 S IeSS Commission Number: t 1054, �v Date Commission Expires: County where Bond is Filed:. , oF ep Manufacturer /Vender Number: �N IPT-) Place of Execution: Signature: Date: � - 31 —' ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California _ County of On i�v� 2 c{t+ '1 -�I P before me, nck- on-Q-11Lf- (insert n4ne and title of the officer) personally appeared ��„� G� —V-ko!A\ C-�c-, 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. CATHY SCHERKENBACHR� Z' Commission # 2069761 WITNESS my hand and official seal. ;nee Notary Public - California Z ° San Diego County o My Comm. Expires Jun 26, 2018 Signature (Seal) (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represent 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; and (c) It intentionally and unconditionally waives, relinquishes and subordinates 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. 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 ON THE LAND. IN WITNESS WHEREOF, parties hereto have signed this Agreement as of the day and year first above written. BENEFICIARY: CITY OF POWAY AS SUCCESSOR AGENCY By: Tina White, Acting City Manager LENDER: PERL MORTGAGE, INC. CSC LAWYERS IN VICE Ken eeritm flee.(-H'j •esident ON M"I.M" 'T wr PFtESjpEN SUCCESSOR TRUSTEE: CITY OF POWAY By: Tina White, Acting City Manager OWNER: Do��. ALL SIGNATURES MUST BE NOTARIZED Subordination A 3 ALL - PURPOSE ACKNOWLEDGMENT State of T1111rct S County of CCJUK On !� 30_ b before me, DATE NAME OF NOTARY PUBLIC personally appeared NAME(S) OF SIGNERS) personally known tome OR proved tome 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 helshelthey executed the same in his/her/their authorized capacity(ies), an 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. OFFICIAL SEAL JOHN BRANDON COX WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jan 25, 2020 ATTENTION NOTARY: Although the infomiation requested below is OPTIONAL, it may prove valuable to persons relying on this Acknowledgment and could prevent fraudutent reattachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT DESCRIPTION OF ATTACHED DOCUMENT OR TYPE OF DOCUMENT NUMBER GE PAGES DATE OF DOCUM SIGNER(S) OTHER THAN Nr f �1 AI i�VE EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Poway, County of San Diego, State of CA, and is described as follows: Lot 131 of Midland Estates Unit No. 3, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 7199, filed in the Office of the County Recorder of San Diego County, February 8, 1972. APN: 314 - 510 -36 -00 Legal Description CA0410- 16008187 -41/51