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Subordination Agreement 1978-109354 78-109354 4111/ FlLFIPABOOKi NO. RECORDED REQUEST OF When Recorded Mail To: ) LAND TITLE INSURANCE CO. POWAY MUNICIPAL WATER DISTRICT J� ) MAR 21 8:0] AM78 Post Office Box 348 OFFICIAL RECQRDS • Poway, California 92064 ) SAN DIEGO COUNiT,GALIF. HARLEY F. BLOOM RECORDER $5.00 SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated July 21 , 1976 , recorded in the Office of the County Recorder of San Diego County, July 23, 1976 File No. 76-233Q75 and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by MARLETA MANOR APARTMENTS 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, MARLETA MANOR APARTMENTS as Trustor, Fidelity and Guarantee Company as Trustee, and First Federal Savings and loan Association of San Diego 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: (1.4,_,L4 ,211 1 C4"1 1 BENEFICIARY: -- First Federal Savings and Loan 17fa4€s: PJF:ie rp.p„no charge R/W # 310310-R totte:ulq,ee the att- Association of San Diego achlA Instrument. It Exc. # 6 is ;Icing rdcetded .n onneci, with•GOY• BY: .E Proj . y,, - y • erntnental AEen, , r t.,. • n°�"°� fike President < TITLE Vic:a -sident Asst. c. TITLE STATE OF CALIFORNIA, SS. COUNTY OF San Diego On January 12. 197Igefore me, the under - signed, a Notary Public in and for said County and State, Personally appeared Charles A. Patapow , FOR NOTARY SEAL OR STAMP known to me to be the Vice President, and Thomas G. ,lorton , known to me to be Asst. 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 ! OFFICIAL SEM corporation therein named, and acknowledged to be that 4 RUTH E. HAVENS ,,,yyyr ) NOTARY PUBIC CAt 'ORNIA such corporation executed the within instrument pursuant it OFFICE IN to its by-laws or resolution of its board of directors. ` - SAN DIEGO COUNTY Litiez:bMy Commission Expires March 16 1980 ' /1 + cc ! rt,- recoRneA: Signature of Notary Meese make nor•• for recording It FILE ached Instrunw Is being recon DOC. # connection wit: �-{- ernmental Age nsactlon• � • * 237 EXHIBIT A An easement of right of way 20.00 feet in width 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 includ- ing but not limited to facilities for power transmission and communication purposes at such locations and elevations, upon, along, over and under the hereinafter described 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 Grantee's rights of way situated in 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 particularly described as follows, to wit: The East Half of the following described property: That portion of the Northeast Quarter of the Northeast Quarter of Section 13, Township 14 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey approved September 11, 1879, described as follows: Commencing at the Southwest corner of said Northeast Quarter of the North- east Quarter; thence along the Westerly line thereof North 02°51'20" East, 337.77 feet; thence South 88°51'30" East, 328.00 feet to the TRUE POINT OF BEGINNING, said point being in the center line of that certain 60 foot wide strip of land shown on Record of Survey Map No. 3485, as "Easements Reserved for Road" thence along said center line, South 88°51'30" East, 319.70 feet; thence South 01°08'30" West, 336.16 feet to the South line of said Northeast Quarter of the Northeast Quarter; thence along said South line North 88°59'10" West, 329.78 feet to a point on a line that bears South 02°51'20" West from the TRUE POINT OF BEGINNING; thence North 02°51'20" East along said line, 337.05 feet to the TRUE POINT OF BEGINNING. Said easement of right of way in the aforesaid lands is particularly described as follows: The Westerly 20.00 feet of said East Half. 310310-R 8/16/77 : f ;=.r, ' -.;r -✓.:..i 7t--7•Y s-" ' . 'y:. .r' . . -y► ' ' �F : Ai : :. , S • f' 298 1111 • lo '2 J /^ _, Vl 4 a • 0L1, > �� Ts* r., //4, OF NE Y4 60 ROAD ESMT (R.0. 5. 3485) 5 88°51 :50"S t� 319. 70 r- fJ 328.00' ---7q m0 9 , N 20 s E /2 .N ^ W %2 .. 4 - 0 OVI SW COMP. OF NE44 OF =tii NM NEX4. OF SEC. /3, N A0 T. /45., R 2 W. o N oP 1 W N 88 59 10'1 W .329.78 ' T L /‘' . / 0. O I 1 EXIST. 20 IEGMT. TD r‘: PD WAY M.WD., REC. Q AUG. 2, 19760,476-244596 �C �C r ^ � -1 r":1 t let 7 1\11. r' il 561/4 of NE%4 N / "c loo ... IND/CA TES WATER ,_/ LINE EASEMENT Project: MARL ETA MANOR APTS. Tax Par. # 317-122- 31 PLAT of easements required by the Poway Municipal Water District C.A.N. C-PO3-215-00 Prepared by: R/W # 3'0310- R Boyle Engineering Corporation Date: JULY /61, /977