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Subordination Agreement 1980-107074 411r BOOK 198 gG-1c7O74 UN wlE/P �Uv��1 RECORDED REQUEST OF RECORDING REQUESTED BY: ��i11� �7 ile Jil�lll Q11CC �0• POWAY MUNICIPAL WATER DISTRICT MAR ZB 9 32 �� �aQ WHEN RECORDED MAIL TO: OMCIAL RECORDS SAN DIEGO COUNTY.CALIF. NAME POWAY MUNICIPAL WATER DISTRICT VERAL LYLE RECORDER ADDRESS POST OFFICE BOX 34:• RECORDER: CITY POWAY CA 92064 }orr recoding the at STATE ached instrument. IS being recorded ZIP N O F E E Connection with a Go THIS SPACE FOR RECORDERS USE 12111111104441 .:"'INATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated September 4, 1979 , recorded in the Office of the County Recorder of San Diego County, September 13, 1979 File No. 79-382780 , and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by JERRY LEE and PHYLLIS JOAN MORRIS, MARTIN A. LOTZ, RUSSELL L. and SHARON DUNCAN, and BILLY J. and PATRICIA A. DENDY 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, JERRY LEE and PHYLLIS JOAN MORRIS, MARTIN A. LOTZ, RUSSELL L. and SHARON DUNCAN, and BILLY J. and PATRICIA A. DENDY as Trustor, and CONTINENTAL AUXILIARY COMPANY as Trustee, and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION 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: BENEFICIARY: R/W 44 321335-R BANK OF AMERICA NATIONAL TRUST Exc. # 12 Proj . T.P.M. 15622 F.H. Ext. AND SAVINGS ASSOCIATION ,BY: /� J TITLE BY: TITLE STATE OF CALIFORNIA, COUNTY OF SS. San ntPgn On Tom, ry 3O,1gR0 before me, the under- FOR NOTARY SEAL OR STAMP signed, a Notary Public in and for said County and State, Personally appeared R.O. Anderson known to me to be thelaall vj cind FarQm.n , known to me to be • kSRRX of the corporation that execute t e wi hin Instrument, known to me to be oFFIr:'At, SEAL t the persons who executed the within Instrument on , ar—:�1.a:. ^AT DIIsT behalf of the corporation therein named, and t ;fi}"- NC •• • - `.•`IFORNIA acknowledged to be that such corporation • , : / SAN DIEGO My comm. expxp iress A.AUG 26, 1983 executed the within instrument pursuant to its - - - - - - - - - - - -by-laws or resolution of its board of directors. SIGNATURE OF NOTARY 3ND.14 • 411 . 4IPECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: NAME STREET ADDRESS CITY STATE ZIP This space for Recorder's use Tax Parcel No. 323-190-70 NO DOCUMENTARY TRANSFER TAX NO FEE EX1-1'Q/T *A " GRANT OF RIGHT OF WAY JERRY I.EF MORRIS and PHYLLIS JOAN MORRIS, Co-Trustees or Successor Trustees under Declaration of Trust dated June 22, 1972, and amended February 2, 1977, MATIN A. LOTZ, a widower, RUSSELL L. DUNCAN, husband and wife as Joint tenants, and BILLY J. DENDY and PATRICIA A. DENDY, husband and wife as community property , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by POWAY MUNICIPAL vamp. .DISTRICT,.._epubiie. corporation as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said POWAY MUNICIPAL WATER DISTRICT its successors and assigns, 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 including but not limited to facilities for power trans- mission and communication purposes, at such locations and elevations, upon, along,over and under the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from time to time,together with the right of in- gress thereto and egress therefrom,to and along said right of way by a practical route or routes in,upon,over and across the here- inafter 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: Parcel 3 of Parcel Map 5782, filed in the Office of the County Recorder of San Diego County, April 7, 1977, being a portion of the West Half of the Southeast Quarter of the Northwest Quarter of Section 18, Township 14 South, Range 1 West, San Bernardino Meridian, in the County of San Diego, State of California, according to United States Government Survey, approved February 24, 1876. • • • 227 S QQC►Qaid easement of right of way in the aforesaid lands is particularly described as follows: The Westerly 20.00 feet of the Easterly 91.00 feet of the Northerly 260.00 feet of the Southerly 311.00 feet of said Parcel 3. Grantor and their successors in estate shall not erect or construct,or permit to he erected or constructed,any building or other structure,plant any tree or trees,or drill any well or wells,within the limits of said right of way. Grantee shall have the right to erect,maintain and use gates in all fences which now cross or shall hereafter cross said route or routes,and to trim and cut and clear away any trees and brush whenever in its judgment the same shall be necessary for the con- venient and safe exercise of the rights hereby granted,the right to transfer and assign this easement in whole or in part being here• by granted to the Grantee. Grantor agrees that no other easement or easements shall be granted on,under or over said strip of land by Grantor,without the previous written consent of Grantee. It is also understood and agreed by the parties hereto that the Grantor and..their.....successors or assigns,shall not increase or decrease,or permit to be increased or decreased, the existing ground elevations of the above described right of way,existing at the time this document is executed,without the previous written consent of the Grantee. Itlitnrae Thhrrrnf, the Grantor S have executed these presents this day of 19 Executed in the Presence of: SEE ATTACHED EXHIBIT "A" Witness. Witness. TAX PARCEL NO. 323-190-70 R/W No. 321335—R DRAWN BY /0167 CHECKED BY ACCT. NO. C—P03-278-00 NOTARIES—USE PROPER FORM ON BACK. DATE August 29, 1979/jig R/W-Grant-Form B101—6 228 PAR. 4 5.782 MAP PARCEL SEY4 OF NW/4. Lu cz 201.66' r N Ql 9'' L / 20- Z / Q / O N O t O N Q / 2 Q / /99.7G� ,r) POWA Y ROAD N INDICATES WATER LINE EA5EMENT Project: T. P. M. /5622 FH. EXT. References: PLAT C.A.N. C-P03-278-00 of easements required by the R/W # 32/335- R Poway Municipal Water District Tax Par. 323- 190- 70 Base Map 2 121 BOOR Entzfrom Inc Commotion Date: JULY/6, /979 Scale: 1 = l0o cOn.ultlnq .noon...I ..crWt.ct■