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Subordination Agreement 1974-167519 ) M 3 74-167519 When Recorded Mail To: 937 ) FILE/PAGE NO..________ POWAY MUNICIPAL WATER DISTRICT ) RECORDED REQUEST OF Post Office Box 348 ) LAND TITLE INSURANCE CO. Poway, California 92064 ) JUN2 4 8:00 AM'74 ,779//33-/< ) OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. SUBORDINATION AGREEMENT FlARLEY F. BLOOM, RECORDER NO FEE FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust recorded in the Office of the County Recorder of San Diego County, March 10. 1971 File No. 45401 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 Merilyn Francis 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 my foreclosure 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 March 3, 1971 recorded March 10, 1971 , Recorder's File No. 45401 securing a note in the amount of $104,000.00 . Merilyn Francis as Trustor, Transamerica Title Insurance Co. as Trustee, and David Homer Williams and Elizabeth N. as Beneficiary. Williams 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 there 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: 7( 6, 17 4- BENEFICIARY Executed in the presence of: /' R/W #291433-R c �. 1'Ql..t 11/i.t- GG71 sc41 WWitnessc David Homer Williams Cl Eliza t N. Williams, as Trustees under Witness G Declaration of Trust dated March 14, 1972. WITNESS FORM STATE OF CALIFORNIA, ss County of San Diego. On this..a..t.ai ,..day of....A A.D., 19 74 ,before me,.... a Notary Public in and for the said County and State,residing therein,duly commission d and sworn,personally appeared �l�-•L >�i known to me to he the person whose name subscribed tfSthe within instrument,as aWitness thereto,who being by me duly sworn,deposes. and says That he reside.S in...r1:A-rte' .e s. and that he L� present and saw. u ' ..11. personally known to h4.-rrvs:..to be the same person..t....whose names subscribed to the within and annexed Instrument,execute and deliver the same,and he acknowl- edged to said affiant that he executed the same;and that said affiant subscribed h.4.1 name thereto as a Witness. 3Jtt Witness Ullirrruf. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. BETTY H. BLOUNT i ` -'. NOTARY PUBLIC ti Notary Public in for said County and State. r Principal Office,San Diego Co.Calif, f My Commission expires January 2. 1977 . • ti'�'Wd4'Vti poc. 2(0 A t ft:�' ,:.:tRJ3:.• xw'.a4r'.r::r.w .3 s •-:st.,�.ax..acc.a•srs. _..gra piNCOEICIalaSiaid easement of right of way to the aforesaid lands is particularly described as follows. The Northerly 25.00 feet of said Lot 1. 938 TOGETHER WITH an easement for a temporary working strip of land, situated within the lands first above described, said easement shall include, but not be limited to, the right and privilege of workmen, contractors, and any and all agents employed by the Grantee herein, to use and occupy said temporary working strip for the purpose of constructing the hereinbefore mentioned pipeline or pipelines, and any and all appur- tenances incidental thereto, and said easement shall include the right and privilege to place and operate any and all machinery on said strip which the Grantee herein, or any agent or contractor employed by said Grantee, deems necessary for the construction of said pipeline or pipelines. Said temporary working strip hereinabove referred to being more particularly described as follows: The Southerly 20.00 feet of the Northerly 45.00 feet of said Lot 1. It is hereby understood and agreed upon by the Grantor and Grantee herein, that the right 4nd privilege set forth for the use of the above described temporary working strip shall be in full force and effect from the date of execution of this instrument, and shall continue in full during the construction of said pipeline, and that upon completion, final inspection, and acceptance of the pipeline by said Grantee herein, the easement for the temporary working strip hereby granted and described above, shall cease and terminate, and become of no further force or effect. It is also understood and agreed upon by the Grantor and Grantee herein, that the grant and termination of the easement for the temporary working strip hereinabove described shall in no way affect or frustrate the continued enjoyment and use of the 25.00 foot wide easement first above described. t Grantor and her 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 cur 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 partie, hereto that the Grantor and her 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. Ott Witnrss Trihrrrni. the Grantor...has executed these presents this day of , 19 Executed in the Presence of: Witness. Witness. R/W No. 291433-R DRAWN BY AJAP CHECKED BY JFiI ACCT. NO. 0-P03-161-06 NOTARIES—USE PROPER FORM ON BACK. DATF 1/10/74 dp • FON-Grant-Form 8101—6 • GRANT OF RIGHT OF WAY 939 MERILYN FRANCIS, a married woman , as Grantor, for and 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 25.00 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 transmission 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 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: Lot 1 in Section 1, Township 14 South, Range 2 West San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government Survey. • E ) kIE T A