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Subordination Agreement 2001-0017551 ~~ ~ - DOC., 2001-0061827 _&RECORDED III 1m 1I1~ II ~ IImllll~ IIII~ , 2001,0061827 RECORDING REQUESTED BY ) ) ) ) WHEN RECORDED MAIL TO' ) ) ) ) ) ) ) ) FEB 2300 CITY OF POWAY CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074 02. 2001 8:05 AM IfFIGlAL RECORDS SAH DIEGO COUNTY RECORDER:S OFFICE GREGORV J. 'SMITH, toUHTY RECORDER FEES: 0.00 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 Docunlent No. 2001- 001'7551 recorded January'11, 2001 of official records. The File Number referenced in Paragraph Three should be 2001-0017548. THIS.PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recorOingfee applies) n:\city\legislat\cityclrk\misc\subordination-agmt-1 . doc O~j 20z. <:) I DI-[I!.#J "~()ch"l II t~ J-f OJH {If RECORDING REQUESa BY CITY OF POWAY DOC., 2001-0017551 JAN ~~, 200~ 8:4.:. AM 2301 AND 'WHEN RECORDED MAIL TO' 1~ OFFICIAl RECORDS SAN DIEGOmmV RECORDER'S OFFICE GREGORY J. SiiITH, COUNlV REamR illS: 0.00 CITY CLERK CrIT'OF POWAY P 0 B.oX 789 POWAY, CA 92074 No transfer tax due SUBORDINATION AGREEMENT FOR VALUE RECEIVED, the undersigned, as Beneficiary u[lder a Deed of Trust dated May 30, 2000,recorded in the Office of the County Recorder of San Diego County June 7, 2000, File No. 2000"0298557 and ali owner and holder of ihe obligations thereby secured does hereby make subject and subordinate the liens thereof to the Easement granted by pARKWAY CENTRE'FOUR INVESTORS, LLC, a Delaware limited liability company to the CITY OF POWA Y, it being understood and agreed that' foreclosure of said [)eed of Trust shall not affect, defeat or render invalid any rights under aild byvirtue 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. .:2[01- Db 17 6W&" Said eas~mentwas recorded JC.~.."I \\, 'LOD\ ,File No. 2.C;.()l CUI I:',~O 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, arid subordinates the priorities and superiorities oUhe 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 suborpination specific monetary andotl1ar ohligations wi!! 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' CALI TRUST, a Californi By' Walter J. Strangman BY$dy yt;i~~ < ,. Kathy M. Galvin (Signatures must be notarized. Notary form attached.) 0,-cI1 ,.' CALIFORNIA ALL~P~JRPOSE .NOWLEDGMENT State of } 2301 County of 50 VI 1) i f:' el\ On i~ . '],9, CD before me" t)pAI' V' Li P" [;1 kef DATE NAME, TItle OF OFFICER; E.G., "JANE DOE, NOTARY PUBUC" personally appearedD )() /hi' ,T 'Stvo I1q rrlfl t1 d kfl'/..h Ii m 6(/ Iv r~') . ~(SIOFSftN~ { 9tlfersonallY known to me - OR ,0 proved to me (In the basis of satisfactory evidence to be the person(s) whose name(s) ~ subscribed to the wittiin instrument and ac- knowledged to me.tha'.t\€~~xecuted the same in h,iS/I}.El~ authOrIZed capacity(ies), and that by hj!;/~r~ signatule(s) on the instrument,the person(s), or the entity upon behalf of which the a""', BE~RY P FlECK. person(s) acted, executed the instrument. t;,;;'J CommlS5ion# 1196216 ~~j;f~.";;~ Notary PUb"'i~.. Ca"'.amic, ~ WITNESS ~ d d ff' . "I' I A ~ SC;'l Dre~o County - , , my . Ian an 0 ICla, sea. ~l.,,~:-5 ._,I.:'C~;:-;,~~::~."',:,~3;~j ~ A)-eM p, 9 i Frl ~REOFNOTAH'( OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT THIS CERTIFICATE MUST BE ATTACHEO TO THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES OATE OF DOCUMENT Though the data'requested here is not required by law, ~ could p<event frauduleo1 reattachment 01 this 10"", SiGNER(S),OTHER THAN NAMEO ABOVE No:51!.- -OPTIONAL-SECTION __ CAPACITYCtAlMED BY'SIGNER ~~doesnot~,Itwi,~:ta fiI!,ln,1he,~b:t,below. doing 6o,may'p"rove inval~ ~ persons relying on the doctineni o INOIVIOUAl o CORPORATE OFFICER(S). TT11.E(S) D,PARTNER(S) 0 UMITED o GENERAL o ATTORNEY-IN-FACT o TRUSTEE(S) o GUAROIANICONSERVATOR o OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR EN11TY(tES) . . @1992NATIONALNOTARY ASsOciATION. 8236 Remmet Ave., P.O. Box71B4- Canoga Park,- CA 91309-71E CALIFORNIA ALL,PURPOSE ACKN01NL:EDGMENT ~O.519 State of } County of On before me, DATE NAME,.TITlE OF OFFICER E.G., "JANE DOE, NOTARY PUBLIC" personally appeared NAME(S) OF SIGNER(S) Dpersonally 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- knowiedged to me that he/she/they executed the same i~ his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumEmfthe person(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 statute does not require,the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documenl o INOIVIDUAL D CORPORATE OFFiCER(S) TlTLE(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 Ef'fIllY(IES) THiS CERTIFICATE. MUST BE ATTAC'HED TO THE OOCUMENT DESCRIBEO AT RIGHT OPTIONAL SECTION " fLE OR TYPE OF OOCUMENT NUMBER OF PAGES DATE Of' DOCUMENT :Thougtl,the da~ requested here is nol r<KIuired by 13w, ".rn"lrl'n'n~"'''' 1"'",rl"I,,,,' ,,.,..,...,~,,~,,,,, ", ",,~ ._,." SIr::I\jr:nl<:::\ nTI-Ir:p TI-.l^'" "tr.~H::n flnfl,rr::