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Subordination Agreement 1991-0347692 Recording Requested by: City of Poway and When Recorded Mail To: CITY CLERK'S OFFICE CITY OF POWAV POBOX 789 POWAV CA 92074~789 ore ": 1991-0347692 16-JUL-1991 08=14 AM SAH DIEGO COUHTY RECORDER'S OFFICE AHHETTE EVAHS, COUHTY RECORDER FEES: 0.00 2155 SUBORDINATION AGREEMENT The undersigned, is Beneficiary under a Deed of Trust dated September 16, 1988, recorded in the Office of the County Recorder of San Diego County, September 27, 1988, Instrument Number 88-487343, Beneficiary, as owner and holder of the obligations thereby secured, does hereby make, subject, and subordinate the liens thereof to the Easements granted by Donald and Roberta Anderson to the City of Poway (attached hereto as Exhibit A to this Agreement). 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 easements, and said easements shall be paramount and superior to the rights of any purchaser under a foreclosure of said Deed of Trust. Said easement was recorded May 23,1991, File No. 91-0243417 in the Office of the County Recorder of San Diego, 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 priorities and superiorities of the lien and charge of said Deed of Trust upon the land described therein in favor of said easements, 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 upon, and the execution of Beneficiary of, this waiver, relinquishment, and subordination, Date: June 24. 1991 Beneficiary: Western Financial Savings Bank Barbara J. ling Vice President By: ( Lorraine T. Higgins Assistant Vice President ~ . ALL.PURPOSI ACKNOWLEDGMENT State of California County of Orange On May 22, 1991 DATE before me. } 2156 Donna L. Sligar NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Barbara J. Darling and Lorraine T. Higgins NAME(S) OF SIGNER(S) ia personally known to me - OR . 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. OFFICIAL SEAL DONNA l. SLIGAR Notary Public - California ORANGE COUNTY My Comm, Exp. Sept. 20, 1994 ~t7f NO 209 CAPACITY CLAIMED BY SIGNER o INDIVIDUAl(S) IOCCORPORATE Vice President OFFICER(S) Assist" P TITLE(S) o PARTNER(S) o ATTORNEY-IN-FACT o TRUSTEE(S) o SUBSCRIBING WITNESS o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSQN(S) OR ENTITY(IES) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it co Id prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Subordination Agreement MUST BE ATTACHED --r ') 4 \'10 I TO THE DOCUMENT Number of Pages 4 Date of Document --..J U Y\ e q- I -( \ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above SIGNATURE NQrAR @1991 NATIONAL NOTARY ASSOCIATION. 8236 RemmetAV8.' P.O. Box 7184-Canooa Park, CA91304-7184 ~. ' --- Exhibit A 2157 ..E ORIGIHAL OF THIS OOCUMEHT WAS RECOROEO ON 23-MAY-l~91, DOCUMENT NUMSER 1991-0243417. AHHETTE EVANS, COUHTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE APN 321-330-05 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) NO DOCUMENT TRANSFER TAX NO FEE RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 CONFORM:D COPY PLEASE GRANT OF EASEMENT SEWER PIPELINES & APPURTENANCES Donald A. and Roberta L. Anderson, (hereinafter "Grantor") hereby grants to the CITY OF POWAY (hereinafter "GRANTEE), Its successors, or assigns, the following described easement for a right-of-way 10 feet in width in, upon, over, under and across the lands described below, to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for any and all purposes, together with fixtures and appurtenances, at such locations and elevations, upon, along, over and under the right-of-way described below as GRANTEE may now or hereafter determine in its sole discretion without any addi- tional compensation therefor, together with the right of in9ress and egress from the easement by a practical route or routes In, upon, over or across the land described below, together with the right to use this easement for access to GRANTEE's rights-of-way situated in adjacent lands, without any additional compensation therefor. The land encompassing this easement is situated in the County of San Diego, State of California, and is more particularly described as follows, to wit: Lot 3 of Espola Verde Map No. 7570 in the City of Poway, County of San Diego~ State of California. Said easement of right-of-way in the aforesaid lands is particularly described as follows: The Westerly 10.00 feet of Lot 3 of Espola Verde according to Map thereof No. 7570 in the City of Poway, County of San Diego, State of California. / . 2158 GRANTOR, its heirs, successors and assigns shall not erect or construct or permit to be erected or constructed any building, or structure or improvement within said easement without the express written approval of the City of poway as evidenced by the signature of the Director of Public Services on an approved plan. GRANTOR, its heirs, successors and assigns shall not dig or drill any hole or wells on any portion of the easement. GRANTEE may use all gates and fences which, now or later, cross any port1on of the easement. GRANTEE shall also be entitled to trim, cut, or clear away or remove any trees, brush, or other vegetation or flora from time to time as GRANTEE determines in its sole discretion without any additional compensation, upon reasonable notice. GRANTOR agrees that no other easements shall be granted on, under, or over this easement without obtaining the prior written consent of GRANTEE. GRANTEE may at any time, change the location of pipelines or other facilities within the boundaries of the easement right of way, or modify the size of existing pipelines or other improvements as it may determine in its sole discretion from time to time without paying any additional compensation to GRANTOR or GRANTOR's heirs, successors, or assigns, provided GRANTEE does not expand its use of the easement beyond the easement boundaries described above. CAT. NO. NN00627 Attachment to "GRANT OF TO 1944 CA (9-841 EASEMENT" dated 1-22-90 go TICOR TiTlE INSURANCE \NTOR (Individual) STATE OF CALIFORNIA COUNTY OF San Diego On Januarv 22, 1990 said State. personally appeared } ~. the ~hich Lng before me, the undersigned. a Notary Public in and for Donald A. Anderson and Roberta L. Anderson - - - - ~r or Ig, - - - - - - - - - . per.;onally known to me or proved [0 me: on the basis of satisfactory evidence [0 be the person_ whose name s are subscribed to the within instrument and acknowledged that they exe- cuted the same. WITNESS my hand and official seal. Signature *~<" , #,,^, " J/-f/i;'-- , (I . / v' OffiCIAL SEAL P. SUE UGALE NOTARY PUBLlC.CALlfORNIA SAN DIEGO COUNTY My Commission Expires J", 5, 1992 -:::--::-- Iforce the ley's .ned lke :he (This area for official notarial scal) IN WITNESS/WHEREOF, the 2.~ /lie{ day of this /' ,/'. ,- ~ "---J c= -,. /1,...) -1- _1- c= r- I r- 1 roo I ' I -7 L_ ,- ~ \...J -,. /'\J < -- r'o I ' I .EXrlI8T 2159 10' -.; L I v "^D -,7:::"-,70 IVI r\ I '-' /" () , , "- ~~, , PLAT -,-, U ")> ..J -...... /\.) o r', o . , r- I G~ I I '" qr~ I \t____i___ '" q ~ --INDICATES PORTION DEDICATED HEREON. -z - SCALE: '"=60' -.---------- '" (]I 1\ Dt-~ /1 D ^ ) , -,..... U ")> ,.J -..., ,"\J o r., , . I r- I ~0 I )> Z [T1 [T1 < fTl :::0 C) :::0 fTl [T1 Z '" Ol.