Subordination Agreement 1975-129390 •
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• 15a2 ) • '75-149390
' > riLE/PAOE P40 -
) BOOK 1973
When Recorded Mail To: ) ttCOPOED REQUEST Of
) *ranaamuiu TN Immo a.
POWAY MUNICIPAL WATER DISTRICT )
Post Office Box 348 ) MAY 281975 8 AN
Poway, California 92064 )
) OFFICIAL RECORDS
SAN.- DIEGO COUNTY.-CALIF_
HARLEY F. BLOOM
RECORDER
SUBORDINATION AGREEMENT 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, April 2, 1973 File Nu. 73-084918 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 Merrill P. Thayer, Faith E.
Mohling, and Linda McFeeters 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 a 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 28, 1973
recorded April 2, 1973 , Recorder's File No. 73-084918
securing a note in the amount of $ 1 ,000,000.00 . Merrill H. Thayer, Faith E.
Mohling, Linda McFeeters, and Carriage Center Associates as Trustor, Home Federal
Savings and Loan Ass'n, as Trustee, and Home Federal Savings and Loan Assn. 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 thein in favor
of said easement, and that it understands that in reliance upon ans) 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 tor said reliance and the execution
by Beneficiary of this waiver, relinquishment and subordination.
DATED: May 19, 1975 BENEFICIARY :
HOME FFfFRAL SAVIPIrS AND LOAU ASSOfIATL11rL._
OF SAN DIEGO
C-P03-151-00
R/W #106090 RMAN E. TORREY, Asst Vice res.TyTLE •
P.R. #20907 -
Exc. #5 BY: Ab _
LINDA MCKNIGHT, Ass't Secreta.-( TITLE
STATE OF CALIFORNIA,
SS.
COUNTY OF Sa:. Die p
On May 19. l97r before me, the under
signed, a Notary Public in and for said County and
State, Personally appeared NORMAN E. TORREY ,
known to me to be the4Sl' 1', President, and FOR NOTARY SEAL OR STAMP]
LI.DA MCKNICFT __ tc
ASSISTA:'T Secretary of the corporation that executed
the within Instrument, known to me to be the persons womoviOomoow000. '
OFFICIAL SEAL
who executed the within Instrument on behalf of the : / 7.7.1)
+, SANDRA L. CAMPBE
corporation therein named, and acknowledged to me that ,;J NOTAP.Y PU5IIC • CALIfORNI
such corporation executed the within instrument pursuant principalCtl:ce.Sa^D:eAoCo.Ca
to its by-laws or resolution of its board of directors. " Mty Cornrn en E,p. Feb. 25. t9
_And/e4(4.Signature Notary
t,i 4
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GRANT OF RIGHT OF WAY
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MERRILL H. THAYER, a married man, FAITH E, MOHLING, a married Ylomafa.. nd
LINDA..McFEETERS.,..a..marr.ied..woman , as Grantor, for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY. MUNICIPAL.WATER. DISTRICT,...a..publ i c..carporation
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 nor limited to facilities for power transmission
and communication purposes,at such locations and elevations,upgn,along,over and under the hereinafter described righrbf way
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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
! Clands,together with the right to use said right of way for access to G'rantee's rights of way situated in adjacent lands. ;I
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego ^ J
State of California,and are particularly described as follows,to wit.I '; t �) -
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Tug WESTERLY 534 , 00 FEET OF THE EASTERLY 1034 . 00 FEET OF THE I`
NORTHERLY 411. 00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
SECTION 14 , 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 APPROVED -NOVEMBER 19 , 1880 .
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E X N 15 "A��
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1534 •
The center line of said easement( ght of way in the aforesaid lands is particularly( ibed as follows: ,
Beginning at the intersection of the Southerly line of the Northerly 50.00 feet of
the Southeast Quarter of said Section 14, and the Westerly line of the Easterly
15.00 feet of the property described above; thence along said Westerly line,
South 0°46'05" West 346.05 feet to the Northerly line of the Southerly 15.00 feet
of said above described property; thence along said Northerly line, North 88°34'55"
West 504.08 feet to the Easterly line of the Westerly 15.00 feet of said above described
property; thence along said Easterly line, North-0°46105" East 335.57 feet to a
point in the Southerly right of way line of County Road Survey 987 (Poway Road)
said point being a point in the arc of a 1150.00 foot radius curve, concave Southerly
in said Southerly right of way line, a radial line to said point bears North 6°41'06"
West.
The sidelines of the above described 20.00 foot wide strip of land shall be pro-
longed or shortened as necessary so as to terminate in said Southerly right of way
line of County Road Survey No. 987.
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Grantor and 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 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. rnr,[ v ;Chi:!a . r-r-nrrrr. rJ.l
It is also understood and agreed by the parties hereto that the Grantor and thil",11P 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.
.71n 10itness 1Ehereof. the Grantor tw•ttir executed these presents this day of , 19
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Executed in the Presence of: ,,,., ,t;.-uc;Tit- •• .tc• c,•�rrttc•i • .•; :p;r,z , "et - ••
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Witness:. r ,04. . :au S •r'
h;.;...::L rug erre.
Witness.
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DRAWN BY JAP • .. • +ctJtr .:''...... ..... ... ... •
CHECKED BY
4.10
ACCT. NO.' 1 NOTARIES—USE PROPER FORM ON BACK.
:/*bg 477 19,, 1971/0,DATFr 1.1'1 r•??EnR N
k;w-Grant-Form 8101-6