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Subordination Agreement 1974-120224 ) 21 ) 7.1-120224 ) FILE/PAGE _________ BOOK 19'74 rhea Recorded Mail To: ) RECORDED REQUEST OF LAND TITLE INSURANCE CO. POWAY MUNICIPAL WATER DISTRICT ) MAY 9 8:00 AM�]4 Post Office Box 348 ) Poway, California 92064 ) OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. ttAti,EY P. Bt,00M, RBGOBDffi LTI Escrow No. 44027-P LTI Order No. 279434-R No F SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust recorded in the Office of the County Recorder of San Diego County, ' Dec. 6, 1972 File No. 325046 and as owner and holder of the obligations thereby secured does hereby make subject and subordi- nate the liens thereof to the Easement granted by Virgil J. and Maureen M. Stimpson 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 super- ior to the rights of any purchaser under B. oreclosure of said Deed of Trust. ( The easement described in EXHIBIT "A" attached hereto affects the real property described in the said Deed of Trust dated Dec. 5, 1972 recorded Dec. 6, 1972 , Recorder's File No. 325046 securing a note in the amount of $ 35,000.00 Virgil J. and Maureen M. Stimpson as Truster, Equitable Trust Co. as Trustee, and Security Pacific National Bank 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 t;ould not be made or entered into but for said reliance and the execution by Beneficiary of this waiver, relinquishment and subordination. DATED: 4/-....76 - 74/ BENEFICIARY Security Pacific National Bank / BY: /.` TITLE BY: TITLE STATE OF CALIFORNIA ) } SS. COUNTY OF San...Diego )) ril. 26 1974 , before me, the undersigned,a Notary Public in and for said State, personally appeared B. rUeS �e known to me to be the Vice President,and Frank..Marino known to me to be the Asst. Vice Presid den of the SECURITY PACIFIC NATIONAL BANK, the association that executed the within Instrument,known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the same, and acknowledged to me that such association executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. enwnmum,,,mnumuamwwniniuum C``um'm.i'^n�,�u (Seal) l BARBARA J. LUFKIN g g a ��• "`" r..8_ trF fORNI . PRIM:IP1t C•F�` IN CAN OcFO) ':UUNIY (Nota blies S' ure) My Commission Exp Iles Nov. 11, 1971 3087 t DGc. COZA MIS 9567 to-ae• 25 Bonk Officer's Notarial Acknowledgment 11��UU n Signature of Notary • • 1522 • ` • GRANT OF RIGHT OF WAY VIRGIL J. STIMiPSON and MAUREEN M. STIMPSOiY, husband..and..irl.fe , as Grantor, for a rid in consideration of the sum of One Dollar and other valuable consideration paid by POWAY MUNICIPAL WATER DISTRICT, a public 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 ••••••••••••••••• •' .11 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,ac 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 rime to time,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. • That portion of Lot 3 of Section 6, Township 14 South, Range 1 West, San Bernar- ' dino Base and Meridian, in the County of San Diego, State of California , according to Official Plat Thereof , described as follows: • 0 Beginning at a Point in the Westerly line of said Lot 3, which is distant thereon South J0° 46' 41" East 541 .98 feet from the Northwesterly corner of said Lot 3; thence East 320.00 feet; thence South 00° 46 ' 41" East 57 .51 feet; thence East 313.87 feet ; thence South 03° 50' 17" East 130.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 03° 50' 17" East 300.00 feet; thence East 326.95 feet to the center line of Road Survey No. 335, according to plat filed in the Office of the County Surveyor of said County; thence North 17° 30' 50" West along said center line 313.88 feet to aline which bears East from the TRUE POINT OF BEGINNING; thence West 252.69 feet to the TRUE POINT OF BEGINNING. E X E-k 151 T '.Y...:}�?" i$ti•d easement of right of way in the aforesaid lands is particularly descrtbed as follows: P ARCF.L 1: • 1523 • /CY►+l 't'$aid easement of right of way in the aforesaid lands is particularly described as follows: PARCEL 1 : All that portion of the lands first above described lying within a strip of land 25.00 feet of even width, said 25.70 foot wide strip of land lying Westerly of, and immediately adjoining that certain 20.00 foot wide strip of land as described in Deed to the PONERADO COUNTY WATER DISTRICT, filed in the Office of the County Recorder of said San Diego County September 18, 1961 as Document No. 161900 of Official Records. PARCEL 2: • An easement for ingress to, and egress from the strip of land described in Parcel 1 above, and also for the purpose of constructing, reconstructing, replacing, repairing, and maintaining the hereinbefore mentioned pipeline or pipelines, and any and all appurtenarres incidental thereto, within the said strip of land described in Parcel 1 above, over, under, upon, and across all that portion of said 20.00 foot wide strip of land described in Deed to the PG`±ERADO COUNTY WATER DISTRICT which lies within the boundries of the said lands first above described. • • • • • • • Grantor and.THELR....successors in estate shall not erect or construct,or permit to be 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...the7,?4...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 or the Grantee. Jn Illiturss I,'llirrrnf. the Grantor...ha$ executed these presents this day of , 19 Executed in the Presence of: • • Witness. . Witness. R/\V No. 279434 DRAWN BY—LIAP _ • CHECKED BY\NF ACCT.NO. • C-P03-106-06 NOTARIES—USE PROPER FORM ON BACK. DATE__July 10, 1972/jg . • • R'w-Grant-Form 8101 -6