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Subordination Agreement 2001-0061828 DO.# 2001-0061828 J \\ 0)\ ~~ RECORDING REQUESTED BY ) ) ) ) ) ) ) ) ) ) ) ) FEB 02. 2001 8:06 ~M OFFICIAL RECORDS SAN DIEGO 'COUNTy, RECORDER,' S OFFICE GREGORYJ. SMITH. COUNTY RECORDER FEES: 0.00 . CITY OF POWA Y WHEN RECORDED MAIL TO' CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074 No Transfer Tax Due (This space for Recorder's Use Only) Subordination Aqreement (Please fill in document title on this line) This document is being re-recorded to correct an error shown on Document No 2001- 0017550 recorded January 11, 2001 of official records. The File Number referenced in Paragraph Three should be 2001-0017548, THIS PAGEADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) n :\city\legislat\cityclrk\misc\subordination,ag mt,2, doc OLi~ J ('Of~_ 203-0' ' '1504:-=-f1 01-03 fi I-? (@I--I \. ~!V RECORD!NG REQUES& BY DO~ 2001-0017550 JAN 11. 2001 8:43 AM ~2 CITY OF POWAY AND WHEN RECORDED MAIL TO' 2304 OFFICIAL RECORDS SAW DIEGO llJrnTV RECORDER'S OFFICE GREGORY J . SMITH. COUNTY RECORDER FEES:, 0.00 CITY CLERK CITY OF POWAY POBOX 789 POWAY, CA 92074 No transfer tax due SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated May 24, 1999, recorded in the Office of the County Recorder of San Diego County June 8, 1999, File No. 1999-0397080 and as owner and ,holder of the obligations thereb'! secured does hereby make subject and subordinate the liens thereof to the Easementgranted by PARJ-0NAY DEVELOPMENT, LLC, a Delaware limited liability company 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 easements, and said easement shall be paramount and superior to the rights of any purchaser under a foreclosure of said Deed of Trust. '200 \- 00 I' S" 'H' Said easement was recorded ')a,"-UQ;'-! 1\ '2..00 l , File NO.'2c6. ec, 1S'1 "', 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 waive, 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 uiiler cbligations 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: December 22, 2000 BENEFICIARY CALIFORNIA BANK & TRUST, a California ba king institution By' By' (Signatures must be notarized. Notary form attached.) CJ/-LJ() - ~Pl ~ ~ CAL,IFORNIAALL-PURP,OSE ,~<.'i~,-~~~~~~_~~l.",_",~-;,_____._",_________O'Eo, ~, ~_;,-__,1::~ State Of~ i ~rn 'i Ll} - OPTIONAL SECTlON-, . CAPACITY CLAIMED BY SIGNER County of or! t\ ]) i 'P ijD -inougo ~ doeS'no( ~ the No<aoy 10 fill itlthe ~~a below"dolng so may prove a () -. i/ invaluable to pe"""" relying on the docume<1t. onJ~}:.19'10 before me _r )prY'~ y J-./fC L-J' o INDIVIDUAl - DATE '. NAME, TLEOFOFFICEA-E.G...JAN~OOe;~TARYPUauc-. 0 CORPORATEOFFICER(S) personally appeared U b !tp\" \T. :=str7lt1Srmn 4:.kr.+hlJ 1Yl, hmlVIr1 , ~E(SlOFSiG~ 1" riJpersonally known to me - OR - 0 proved to me, on the basis of satisfactory eVi=) r to be the person(s) whose name(s) , subscribed to the within in,stru~ and ac- knowledged to me that I}ll~~xecuted the same in h;s/I)kr~ autho~ capacity(ies), and that by h~/h"'~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ""... _ -..._.....- .... :11':-~oPl~..,....,;,o.~ BERRY P FlECK ,'^ 'f r. Commi"iDn,~ 1196216 z =< ",." N......tary publle - CC,'!!;fc:T1iO ,l' z .~~ - - Z v Son Diego County [ i~" 1,\yCotTm,8q;-c".;Sep13.z.mr ~.;;I.-_ ~ - - ~ _ _ ~..... vv WITNESS my hand and official seal. ~~R)if0J OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, tt could pmventlraudulent reattachment of this fooo, SIGNER(S) OTHER THAN NAMED ABOVE l1llE(S} O,PARTNER(S) OUMITED o GENERAL o ATTORNEY~N'FACT o TRUSTEE(S) o GUARDIANICONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON{S) OR ENTTTY(lES) . . 4;1992 NATIONAL NOTARY ASs<?CtATION- 8236 Remmet Ave., P.O. BOle 7184. Canoga Park., CA 91309.71E CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 519, State of } County of On before me, DATE NAME. TItlE OF OFFICER E.G., .JANE DOE, NOTARY PUBLIC" personally appeared NAME(5) OF SIGNER(S) o 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 thathe/she/they "executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though staMe does not require the Notary to fill in the data-below, doing so may prove invaluable to persons relying 00 the document o INDIVIDUAL o CORPORATE OFFICER(S) nTl.E(S) o PARTNER(S) 0 LIMITED o GENERAL o ATTORNEY,IN,FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT ThOugh the data requested here is not required by law, ;; """ .1.1 .;.n""'" ,.." .". .1"". ,,,_,,_~,,,_~_, _' ".'~ .~ .... C:tr::I\Ir::O(C\ (lTllr::n TI/' . I ~,~ . .r..... . ,..,,....., ,.--