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Subordination Agreement 1990-587665 210Bl ) ) ) ) ) ) ) ) ) This space for Recorder's use NEEDS TO BE RE-RECORDED TO ADD DATE AND FILE'NUMBER folL f->l:/-ItP'T oP tcq OF ((awAy SUBORDINATION AGREEMENT RECORDING REQUESTED BY: CO\)TIN5N1:AL LAWYFRS TITLE CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ~ !M) 32c H8 '10 SIr") C~~ ',,~.9rtJfi!{~;)~~I~'1~U?i?~ I 90 JUN 14 Al1l1: 50 'IU;A L lYLf 1,."..~O'_",,;'i'./ ;..ccn~~r'f-'L RF 4.00 AR 2.00 l~G 1.00 FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated July 8, 1981, recorded in the Office of the.County Recorder of San Diego County June 9, 1982, Document No. 82-177538 and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Business Properties Partnership No. 16, A General Partnership to the CITY OF POWAY, 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. (, - IL/ -'f"l> Said easement was recorded CONCUrrENTLY HFPEWITH , File No. 90- ,~~<!)..f{L/6- , and affects the real property described in of Trust. said Deed The undersi9ned Beneficiary of said Deed of Trust declares and acknowledges that it hereby intentionally waives, relinquishes, and subordinates the priori- ties 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 int~ 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 subordi'nation. Dated: Th~ 1 /'1 '10 R/W No. Exc. No. Project: NOTE: ALL SIGNATURES MUST BE ACKNOWLEDGED NOTARIES: Use proper form attached or staple appropriate form therto. BENEFICIARY: Association Downey Savings and Loan/, A California Corp. and L.C. Smull, An Individual BY~~ By: ., , ~ tv, ~ By,3eb~an Individual .1" I) (i . . 2110 RE-RECORDED. 90581665 "f ":;it'! -. .....--., A~1 B: 27 f Nom o DoWNEY SAVINGS AND LOANASSCCLA'llON 2109 (Corporation Attorney-in-Fact) STATE OF CAUFORNIA COUNTY OF On M"r,..h ? A. , QQO before me, the undersigned, a Notary Public in and for said State, personally appeared DPrPk W r..,,,, . known to me to be the Assistant Vice President, and Cathy Tombrello known to me to be the Vice President :Jilc!fiIt~ of Downey Savings and Loan Association and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said Downey Savings and Loan Association, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of FEDERAL HOME LOAN MORTGAGE CORPORATION and acknowledged to me thatthey subscribed the name of FEDERAL HOME LOAN MORTGAGE CORPORATION thereto as principal and the name of Downey Savings and Loan Association as attorney.in-fact for said FEDERAL HOME WAN MORTGAGE CORPORATION, and that said Downey Savings and Loan Association executed the same as such attorney-in-fact. WITNESS m ~and and official seal Signature l8-102 (SI88) I. ~ ;; " :2 .~ ~ ~ ~ GO ,; " !;. J/ Ie ! co ..J <( () iA~.'" V~",',"'" ~. '_-'l. ~ ,.'--. .. OFFICIAL SEAl EMILY BELLE EPPICH Notary Publlc-c.lllomla ORANGE COUNTY My Comm. Exp. Aug. 27, 1990 - m~s.g STATE OF CALIFORNIA I COUNTY OF ~J.lfll::., ss. On this the 2 day of ~mbeY' Notary Public in and lor said CoI,Inty and State. personalty appeared I . (':, ~/'nLL" 1~, before me the understgned, a FOR NOTARY SEAL OR STAMP , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name~ subscribed 10 the within inatrumen! and acknowledged that -O.e- executed the same. V()PYJ(y7J;I1}' I /. al&O'~ ign fa of Notary e~~ f1~~" _a..... . .8IpRe ApI.. 19M _Drange _MarclL 7-<.. 1.9 9.Q L. . said State, personally appeared. ----- , , }ss. } ,before me, the undersigned, a Notary Public in and for C. _Smtl11 On. ." - . z t= c . .~ 0; E 0: ;; "' " o ~ ., '6 c personally known to me (Of proved to me on the basis of satis- factory evidence) to be the person(s) whose name(s} is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. 8) OFFICIAL SEAt.. WINNIl: M. LADYMAN NOTARY PUBLIC ~ CALIFORNIA ORl\llGE COUNlY My ...... expire. SO' 17, 1993 . " a) ~ WITN ESS my hand and official seal. o o M Signatur~---'/21..-,-~-- . (This area for official notarial seal) o DowNEY SAVINGS AND LOAN ASSOC""TIClN (Corporation Attorney-in-Fact) STATE OF CAliFORNIA COUNTY OF On October 4, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared DEREK W. GEE , known to me to be the Assistant Vice President, and CATHY 'TCMBRELLO known to me to be the Vice President ~. of Downey Savings and Loan Association and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said Downey Savings and Loan Association, the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of FEDERAL HOME LOAN MORTGAGE CORPORATION and acknowledged to me thatthey subscribed the name of FEDERAL HOME LOAN MORTGAGE CORPORATION thereto as principal and the name of Downey Savings and Loan Association as attorney-in-fact for said FEDERAL HOME WAN MORTGAGE CORPORA nON, and that said Downey Savings and Loan Association executed the same as such attorney-in-fact. WITNESS my hand and o~e~ ^ ~ _ ~ ""'-- Si!;'U..l"'~ ~ L5-102 (8/88) OFFICIAL SEAL TONI SHANNON NOTARY PUBLIC. CALIFORNIA PRINCIPAL OfF\CE IN ORANGE COUNTY 'y Commissioll Exp. Mor. 10. 19!1l ... 2195 ) ) ) ) ) ) ) ) ) ) This space for Recorder's use NEE~S TO BE RE-RECORDED TO ADD DATE AND FILE NUMBER rll-e. 0WEF IT OF - ~n'f OF f'owA'I SUBORDINATION AGREEMENT RECORDING REQUESTED BY: CONTIITENTAL LAWYERS TITLE CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWA Y P.O. BOX 789 POWAY, CA 92064 90 3L~8~7 r: i1CCDR,,~L IN , pFFiClAL PV""-;HH\!~ '1~ !At.J "'r"";!c7:-,'{:'~'-/~ "-. . . .-' yo 6 (n C(",/ 90JUN It. AHll=SO 1 CV',~f~~ t. , RF 4.00 AR 2.00 MG_l r:~, FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated July 20, 1978, recorded in the Office of the County Recorder of San Diego County September 7, 1978, Document No. 78-381909 and as owner and holder of the obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by Business Properties Partnership No. 16, A General Partnership to the CITY OF POWAY, 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. ~-J~- tf(J Said easement w~ recorded CONCURRENTLY HEREWITH , File No. 90- q;).{;{g- s ,and affects the real property described in said Deed of Trust. The undersigned Beneficiary of said Deed of Trust declares and acknowledges that it hereby intentionally waives, relinquishes, and subordinates the priori- ties 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: ~~(ll\l"'_~~. I, (C) 50 R/W No. Exc. No. Project: NOTE: ALL SIGNATURES MUST BE ACKNOWLEDGED NOTARIES: Use proper form attached or staple appropriate form therto. BENEFICIARY: Association Downey Savings and Loa~, A California Corp. and Business Properties Partner- ship No. IS, A California Partnership ~.~ BY:dt1(S;~ L. c. smu~eral Partner 2107 AI-RECORDED - ,.,... ,.." ~ 6 '"'4 ~tU 00(0 '"'. r; . ~ v\) ,14rt. p, 17 ..., ....J" "'- NORE . 0 DoWNEY SAVINGS AND LOAN ASSCClAlION l=JlIIe- .- (Corporation Attorney.in-Fact) STATE OF CAUFORNIA COUNTY OF On Mardi 28, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared [)Pr<>k W r"""" . known to me to be the Ass; stant Vice President, and Cathy Toobrello known to me to be the Vice President S~of Downey Savings and Loan Association and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said Downey Savings and Loan Association. the corporation that executed and whose name is subscribed to the within instrument as the attorney-in-fact of FEDERAL HOME LOAN MORTGAGE CORPORATION and acknowledged to me thatthey subscribed the name of FEDERAL HOME LOAN MORTGAGE CORPORATION thereto as principal and the name of Downey Savings and Loan Association as attorney-in-fact for said FEDERAL HOME WAN MORTGAGE CORPORATION, and that said Downey Savings and Loan Association executed the same as such attorney-in-fact. WITNESS hand and official se 2106 Signature LS-'02 (8/88) @ OFFICIAL SEAL ,''''. EMILY BELLE EPPICH -.y PulIIlc><:aJifomla · ORANGE 00UNlY . '".' My Comm. Elip. Aug. 27. 1990 . o DoWNEY SAVINGS AND lOAN ASSCx:::lATlON (Corporation Attorney-in-Fact) STATE OF CAUFORNIA COUNTY OF On October 4, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared DEREK W. GEE . known to me to be the Assistant \hce President, and CATHY KMBRELID known to me to be the Vice President ~ of Downey Savings and Loan . Association and known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said Downey Savings and Loan Association, the corporation that .executed and whose name is subscribed to the within instrument as the attorney-in-fact of FEDERAL HOME LOAN MORTGAGE CORPORATION and acknowledged to methatthey subscribed the name of FEDERAL HOME LOAN MORTGAGE CORPORATION thereto as principal and the name of Downey Savings and Loan Association as attorney-in-fact for said FEDERAL HOME WAN MORTGAGE CORPORATION, and that said Downey Savings and Loan Association executed the same as such attorney-in-fact. WITNESS my hand and offici Signa LS-'02 (8/S8) OFFICIAL SF;,1tl TONI SHANNON NOTARY PUSLlC . CAI.l'Om.IA PRINCIPAL. OFFIC'E IN ORANGE COUN'fY ", Com"""~n Elp. MOt. 20. 1991 (Partnership) STATE OF CALIFORNIA COUNTY OF Oranae On March 7, 1990 before me, the undersigned, a Notary Public in and for said State. personally appeared L. C. Smlll] I c. ~ j ~ ~ CD :> " ~ ~ J .:.. < u TO ,.....,;.... .d.I., t I '" << '" ~ , ~ L . ,. m~~~RS~ STATE OF CAliFORNIA COUNTY OF OJ< A-W~ On this the 2. g said State. personally appeared I~ t t..... .(J.~y ~~,&. before ,the undersigned. a Notary Public in and lor personally known to me or proved to me on the basis of satisfactory evidence to ~the person _ whol exacuted the within instrument as on Ii!. 0 +~~(\..ra 41 partners of the partnership that executed the within I ment, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. _.~Jd~A,jlf~ FOR NOTARY SEAL OR STAMP e } SS. .1ITLE INSUIIAIICE AND TRUST ......- known to me to be one of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ! OFFICIAL SEAL WINNIE M. lADYMAN NOTN<Y PU8UC . CALIFORNIA OR'II':Ct CO~Nry My comm. cxp;:-es SEP 17, 1993 . ___=;>"--=~. . - ".-::='-;'_'O~>""'.:=_~ ~~I e ,. ' ,';:. Signatur~~":'....;~ ~ d/f;.;o,Y'>>' - J (This .m for of6clal notarial seal) ~.