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Subordination Agreement 1975-100473 ' "�" 1004'73 28 � ' • ) F PAOCOOK ��S-��- )RECORDED REQUEST 0/ When Recorded Mail To: ) FlRCT AMERICAN TITLE INS. CO, POWAY MUNICIPAL WATER DISTRICT ) AFli Z3 10214 AMS '75 Post Office Box 348 ) Poway, California 92064 ) OFFICIAL RECORDS SAN DIE00 COUNTY.CALIF, ) NARLEVF.r3LOOM RECoaaEA NO FEE SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated December 9, 197 + , recorded in the Office of the County Recorder of San Diego County, December 11 , 1974 File No. 74-321876 and as owner and holder of the obligations thereby secure] does hereby make subject and subordinate the liens thereof to the Easement granted by Charles B. and Patsy J. Porter 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, Charles B. and Patsy J . Porter as Trustor, California General Mortgage Service , Inc. as Trustee, and San Diego Federal Savings and Loan 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:January 24, 1975 BENEFICIARY: • San Diego Federal Savings and Loan Association R/W 705009-6(7) Exc. # 8 Proj . Miguel Way BY: < 'U" Vice Pres. Extention TITLE r"'''l /) Asst. Vice Pres. TITLE STATE OF CALIFORNIA, SS. COUNTY OF San Diego OnJanuary 24, 197fore me, the under - signed, a Notary Public in and for said County and State, Personally appeared A.C. Wells , FOR NOTARY SEAL OR STAMP known to me to be the Vice President, and Betty L. Morrow , known to me to be AS_ v P cC'RX of the corporation that executed the within Instrument, known to me to be the persons ; OFFICIAL SEAL �-` -� TIM C. CAMPBELL who executed the within Instrument on behalf of the : '► -- cor oration therein named and acknowled ed to be that NOTARY PUBLIC-CALEFORNIA p � g '�' �' PRINCIPAL OFFICE IN such corporation executed the within instrument pursuant; ' �� SAN DIEGO COUNTY {: to its by-laws or resolution of its hoard of directors. My Commission Expires April 25, 1971 1• 1 , StgnatUre of Notary Dcc . 21S • • GRANT OF RIGHT OF WAY CHARLES B. PORTER and PATSY J. PORTER, husband and wife , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by....PO ISX.140I.CI PAL..WATER.DISTRICT. as Grantee,receipt whereof is hereby acknowledged,do hereby grant to said P OWAY MUNICIPAL..NNT.M.DISTRICT its successors and assigns,an easement of right of way 18 .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: The Northerly 64.00 feet of the Southerly 271.89 feet of that certain parcel of land delineated and designated as Parcel 13 on Record of Survey Map No. 3388, filed in the Office of the County Recorder of said San Diego County, March 28, 1956; being a portion of the Northeast quarter of Section 18, Township 14 South, • Range 1 West , San Bernardino Meridian, in the County of San Diego, State of California, according to the United States Government Survey. EXHIBIT A IMEITAX.X.10001Said easement of right of way in the aforesaid lands is particularly described as follows: The Westerly 18.00 feet of the property described above. S • 30 aid easement of right of way in the aforesaid lands is particuh.ly described as follows: The Westerly 18.00 feet of the property described zbove. • Grantor and their 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 he 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 parries hereto that the Grantor and thej,X,-.successors or assigns,shall not increase or decrease,or permit to he 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. �n Witness Ulhrrrttf.the Grantors....have executed these presents this day of , 19 Executed in the Presence of: • Witness. Witness. R/WNo. 705009-6 (7) DRAWN BY JAP • CHECKED BY C-P03-172-00 ACCT. NO._January 6, 1975/dg NOTARIES—USE PROPER FORM ON BACK. DATE -- R/W-Grant-Form B101—6