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Subordination Agreement 1978-166850 769 ; 4000MMODATI FIS ) When Recorded Mail To: ) 1?- //a05 ° ) c, POWAY MUNICIPAL WATER DISTRICT ) Zlo d Post Office Box 348 ) Poway, California 92064 ) ) ) 312902-R SUBORDINATION AGREEMENT RECORDER: Please make no charge for recording the att• FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed ached Instrument. It Is being recorded in of Trust dated October 3, 1977 , recorded in the Office of the Count connection wahaGov- Recorder of San Diego County, October 7, 1977 File No. 77-41 31 35 ernmental Agencytra• nsactlon. and as owner and holder of the obligations thereby secured does hereby mak subject and subordinate the liens thereof to the Easement granted by M & M Developers, Inc. to POWAY MUNICIPAL WATER DISTRICT, it being understood and agreed that foreclosure of said Deed of Trust shall not affect, defeat or render invalid any rights under and by virtue of said easement, and said easement shall be paramount and superior to the rights of any purchaser under a foreclosure of said Deed of Trust. Said easement is described in EXHIBIT "A" attached hereto and affects the real property described in the said Deed of Trust, M & M Developers, Inc. as Trustor, American Securities Company as Trustee, and Wells Fargo Bank, N.A. as Beneficiary. Beneficiary declares and acknowledges that it hereby intentionally waives, relinquishes and subordinates the priorities and superiorities of the lien and charge of said Deed of Trust upon the land described therein in favor of said easement, and that it understands that in reliance upon and in consideration of this waiver, relinquishment and subordination specific monetary and other obligations will be entered into by Third Parties which would not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquishment and subordination. DATED: jehr]]a r"y 9, 197S BENEFICIARY: Wells Fargo Bank, N.A. , national R/W # 312902-R banking association Exc. # 4 / Pro M & M j , BY: 0:1-7 �1 j---- Developers ;' triax BY: STATE OF CALIFORNIA, SS COUNTY OF San Diego • On Feb.9 1978 before me, the under - signed, nder -signed, a Notary Public in and for said County and State, Personally appeared B,A. Nunes , FOR NOTARY SEAL OR STAMP known to me to be the Assis.Vic>?resident, and , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to be that such corporation executed the within instrument pursuant to its by-laws or resolution of its board of directors. r 'eyr�� PATRICIA J. SORENSON % •`�`:: NOIARY PUBLIC-CALIFORNIA % � COUNTY OF SAN DIEGO / it. My Commission Expires Sept. 29, 1979 ignature of Notary hoc. n LiA RECEV ED u t 't ►377 • i q,11. 'ishi,b, EXHIBIT A An easement and right of way in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to facilities for power transmission and communication purposes, at such locations and elevations, upon, along, over and under the hereinafter des- cribed right of way together with the right of ingress thereto and egress therefrom, to and along said right of way by a practical route or routes in, upon, over and across the hereinafter described lands, together with the right to use said right of way for access to adjacent lands. The lands in which said easement of right of way is hereby granted are situated in the County of San Diego, State of California, and are parti- cularly described as follows, to wit: All that portion of Lot 1 of Section 26, Township 13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to Official Plat thereof described as follows: BEGINNING at a point in the Westerly line of said Lot 1, distant thereon South 13°16'21" West 672.26 feet from the Northwest corner of said Lot 1, being the Northwest corner of that portion of said Lot 1 described in Parcel A in Deed to M & M Developers, Inc. , filed in the Office of the County Re- corder of said San Diego County, September 16, 1977, as Document No. 77-380000 of Official Records; thence along the Northerly line of said land described in Parcel A, to and along the Northerly lines of land described in Parcel B-1 and C-1 in said Deed, South 88°45'59" East 367.64 feet to the Northeast cor- ner of said Parcel C-1; thence along the Easterly line of said Parcel r-1 . South 08°02'39" West 279.81 feet to the Southeast corner thereof; thence along the Southerly lines of said Parcels C-1, B-1, and A, North 89°32' 55' West 337.46 feet to the Easterly line of the Westerly 56.00 feet of said Lot 1, being also an angle point in the boundary of said Parcel A; thence along the boundary of said Parcel A as follows: South 13°16'21" West along said Easterly line of the Westerly 56.00 feet of Lot 1, a distance of 30.00 feet to a point in the arc of a 1170.00 foot radius curve, concave North- easterly, in the Northeasterly line of County Road Survey No. 1673; North- westerly along the arc of said curve, through a central angle of 03°18' 32" a distance of 67.57 feet to said Westerly line of Lot 1; and along said Westerly line, North 13°16'21" East 269.08 feet to the Point of Beginning. All that portion of the property described above lying Southerly of the following described line: BEGINNING at the Northeast corner of the Southerly 30.00 feet of said pro- perty described above, being also the Northeast corner of the Southerly 30.00 feet of the hereinabove mentioned Parcel C-1; thence along the Northerly line of the Southerly 30.00 feet of said property described above, North 89°32'55" West 334.64 feet to said Easterly line of the t:c_:terly 56.00 feet of Lot 1; thence North 76°43'34" West 56.00 feet to 312902-R said Westerly line of Lot 1. • -4 .�.+� • 78-166850 { d FILE/PACE NJ.�_ 800X 19T8 n RECO V"DEDOUEST OF • Lu�IJ c./ le 'zfurance aRECOS .4PR 26 8 46 AN '76 NW CORNER U F F r'r AL LOT 1 SAN DIECO COUNTYRC LfF. HARLEY F.BLOOM RECORDER 0 NO FEE (\i 'S ) rY S8B°4559 "E 367.64 ' ' /6764 ' /00' /00 rI. r s6 ft, 0 • ,.k / P 8 PARCEL A PARCEL -/ PARCEL C-1 C.) "9 �0 �0 ti I ; N89 32:55"W 334-.641 y 'c• \ i /l /254///A /i 9.' /!j0Tj� 4X- S N89°.92'55"W 337 4c6' /3° v., ...Fa 2/ w 30 ` * REFERS TO DESCR/PT/oNs IN '> � 055/, RECORDED SEPT/6, 1977, . C> DOC. NO. 77- 3806'00 �� c .s -� Cs "r'i c5' � A <.- p p ' 6' � "4-"<c% il 6�.... o N a /NG/CATE-5 WATER 1" _ /00 ' LINE EASEMENT Base Map # 3 Project: M OM DEVELOPERS Tax Parcel # 275-0/0-47,48, 49 PLAT of easements required by the Poway Municipal Water District C.A.N. C-P03-24-/-00 Prepared by: R/W # _912902—R Boyle Engineering Corporation Date: Dec. 9, /977_ . Rr- ._ . . . . . .