Subordination Agreement 1988-083030
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1673
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APN 317-232-05
~CORDINGREQUEStED ,BY:
REfuriOEDRf.Qum OF RRST' AMElIICAN nn.r CO,
,tHE CITY OF POIIAY ,
88-083030
r:PmECORDED IN~
OFFICIAL RECORDS
OF SAN DIEGO COUNTY. CA.
tHE CITY OF POIlAl'
P.O,BOX
POIlAY, CALIFORNIA
92064
1988FEB 24 AM8:QO
I VERA L. L YLE_ ,
~OUNTY RECORDE~
WIlEN RECORDED HAIL TO:
NO FEE
THIS SPACE FOR RECORDERS USE
SUBORDINAtION AGREEMENT
PARCEL 1 OF EXHIBIT "A" LEGAL DESCRIPTION
FOR VALUE RECEIVED, the undersigned, as Beneficiary under a Deed of Trust dated
'8/11/76 , recorded in ;he Office of the County Recorder of San Diego
County 8/27/76 , File No. 76-279678 ' ,and as owner and holder of the
obligati:ons thereby secured does, 'hereby make subj ect ,and subordinate the liens thereof
to the Easement ,granted by ANTHONY' A
AVIANO 1983 TRUST DATED FURTHER DESCRIBED IN
A PART HFRFOF)
to tHECItY OF POIIAY, it being; und,erstood 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.
Said easement vas recorde~,,' ".. ,,' ' File No.
the real property described in said Deed of Trust.
< - .
, and affects
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 easemeIlt., an,d that it understands that in reliance upon and
i~consideration of this waiver, relinquishment, and subordination specific monetary
and other obligations will be entered into by Third Parties ~hich would not be made
or entered into but for sa1dreliance and the execution by Beneficiary of this waiver,
relinquishment, andsubord'inat ion.
December 21,
1987
BENEFICIARY:
CENTRAL FEDERAL, SAVINGS
AND LOAN ASSOCIATION OF
SAN DIEGO, a corporation now kno,vlD
as Coas t \ling's and Loan
Assoc'
President:
Dated:
R/\lNo.
Exi:. No.
l'roj ect:
This .:3,;.,,; ",' ,;~ 1;-,01"9 reco'rded by
First Arrh~ritlln liI;e 'Insurance Co. as
an accommqdalion only,/t has nOBY: '
been ,examined lIS to el\GCutlOn. Ot
'Impact on title.
NOTE: ALL ~IGNAIURES MUST BE ACKNOIlLEDGED
NOIARIES:Use proper form attached
or at~ple appropriate
forlll thereto.
BY: '
0----'" W
....
James van Oppen
Senior Vice President
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'OENERAL ACKNOWLEDGMENT
,Siiteol
,
Couniy 01
7110122'
ss.
CORPORATE "ACKNOWLEDGMENT
State of California
}~.
County 01 Los Angeles
7'l20ia
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OFFICIAL SEAL
J L CONVERSE ,
!. NOTARY PUBLIC M C~L1f'ORNIA
LOS ANGELES, COUNTY '
My crimm. expires OCT 8, 198?
.~._.
........
On this the _ clay of'
-----
19-,-- belore me,
the underslgn~dNotary,Putillc, personally'appeared
o personally kno_~n ~o me
o proved to me ontne baslsolsatlslaclo.ryevldence
to be Ihe person(s) whose name(s)
wllhln Instrument, andacknowledged'lhal
WITNESS my handa,nd ofllcialseal.
subscrlJ?edlolhe
execuled II.
Nolary's Signature
NAnCM'W.:NOTARYASSOOATlOH. 23Ch2 V~yt. Bhd.. p,o. Ekn 412:5. WoodIMd:H....(;A ~~.
JC):.~
Onthisthe 2lsllayof 'Dp.cp.mhp.r
19...a.:J. before me,
Ihe undersigned Notary ~ublic; personally appeared
Robert A :111'kp~ rln~ l~m$<" Han 'JppeFl
o personally known to me
~ proved \0 me on the basis of satisfactory evidence
10 be the person(s)whO execuled the wilhin instrumenl'as Vice
Pre sid e n ta nd S p.n..; n r. \l P rp co !I.~halfofthe corporation therein
named, fd ackne>wledgecl'!O me that the corporalion executed iI.
WI my hand and'official seal.
PARTNERSHip ACKNOWLEDGMENT
NAT10NAL NOt:...w ASSOClA'TlON'. 23012 Yenl"" 8hd. . P.Q Boa '''125 . WoodliIncI Hita.: tA'",'i3s;s.:412":
110, "'"
St8te,ol
County.of
}ss. '.
On this the _day of
19_ before me,
lhe undersigned'Notary Public, personally appeareci
o personally known tome
o proved 10 meon,the basis oi satisfactory evidence
to be theperson(s)'who execuled the withIn Instrument on behalf olthe
partnership, and acknowledged 10 me Ihat the partnership executed It.
WITNESS my hand and,olflclalse81.
Notary's Slgnalure
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MAT1OfW.Not~.'~TIC:lH .'.J:JO'IZ ~.~. ,.0,...... ~ ~~CA''''_
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. EXHIBIT "'A". .675
LEGAL DESCRIPTION
THOSE :PORTlONS OF THE WEST HALF OF SECTION 23, TOWNSHIP 14 SOUTH, RANGE
2 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF,
fN THEtifvOF P'OWAY; COUNTY OF SAN DIEGO, STATE OF CALlFORNIA, DESCRIBED
AS FOLLOWS:
PARCEL 1 - PUBLIC UTILITY EASEMENT IN APN 317-232-05
COMME NC 1 NG AT THE MOSt SOUTHERL Y CORNER OF LOT 49 OF CITY OF POWAY TRACT
85-04 UNIT 1, POMERADQBUSINESS PARK - PHASE 1, ACCORDING TO MAP THEREOF
NO. 11742 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
MARCH 9, 1987, SAID CORtrER BEING A POINT ON THE WESTERLY BOUNDARY OF SAID
MAP NO, 11742 AND ALSO A POINT ON THE EASTERLY LINE OF THAT CERTAIN LAND
D~SCRIBED IN DEED T~ A~THONY J. AVIANO AND MARIAN J. AVIANO RECORDED
JANUARY 22, 1968 ,AS FILE NO, 11545 OF OFFICJ!\L RECORDS; THENCE ALONG
SAID EASTERLY LINE AND WESTERLY BOUNDARY NORTH 000,28' 33" WEST (RECORD N,
00052'16" W. PER SAID DEED) 5.47 FEET TO THE .TRUE POINT OF BEGINNING;
THENCE CONTI NU 1 NG ALONG ,SAID WESTERL Y BOUNDARY AND EASTERL Y LI NE, ,NOR TH
00028' 33" WEST 5,47 FEET TO A POINT ONA NON.~TANGENT 1157.50 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH
24028'36" EAST; THENCE LEAVING SAID EASTERLY LINE AND WESTERLY BOUNDARY
SOUTHWESTERLY ALONG THE A~C OF SAID CURVE TH~OUGH A, CENTRAL ANGLE OF
01043'36" A DISTANCE OF 34.88 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
67015'00" WEST 19.37 FEET TO,A POINT ON THE LINE COMMON TO THE LAND DES-
CRIBED IN DEED TO C. F, POWAY, LTD., RECORDED FEBRUARY 4, 1986 AS FILE NO.
86-045040 OF OFFICIAL RECPRDS AND SAID LAND DESCRIBED IN DEED TO ANTHONY J.
MIANO AND MARIAN J, AVlANO, DESCRIBED ABOVE, SAID POINT HEREIN DESIGNATED
AS POINT "A"; THENCE.A~ONG'SAID COMMON LINE, SOUTH 00028'33" EAST (RECORD
N. 00052'16" W. PER SAID DEED) 5.40 FEET TO A POINT ON THE NORTHWESTERLY
LINE OF THE RIGHT-OF~wilv OF THAT CERTAIN PROPOSED' ST~EET DEDICATION FOR
STOWE DRIVE, SAID R1GHT.,OF~WAY LINE BEING pARALLEL WiTH AND DISTANT 5.00
SOUTHEASTERLY AT RIGHT ANGLES TO THE PREVIOUSLY DESCRIBED LINE WHICH BEARS
SOUTH 67015'00. WEST; THENCE LEAVING SAID GOMMOt{llNE AND ALONG SAID
NORTHWESTERLY LINE OF THE RIGHT-OF-WAY, NORTH 67015'00" EAST 21.42 FEET TO
THE BEGINNING OF' A TANGENT 1162.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG niE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
01037'01" A DISTANCE OF 32'oin FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL 1 CONTAINS AN AREA OF 0.006 ACRE, MORE OR LESS.
pARCEL 2 - PUBLIC UTILITY EASEMENT IN APN 317~232-09
BEGINNING AT POINT "A" DESCRIBED IN THE ABO~E PARCEL I, SAID POINT BEING ,ON
THE LINE COMMON TO SAID LAND DESCRIBED IN DEED TO C, F. POWAY, LTD., RE-
CORDEDf'EBR.UARY 4, 1986 ,AS FILE NO. 86-045040 AND SAID LAND DESCRIBED IN
DEED to ,o;fiTHONY "J. AYIANO AND MARIAN J. AVIA~,O RgCORD.EDJANUAR;Y 22, .1986 AS
FILE NO. 11545 AlL OF OFFICIAL RECORDS; THENCE ALONG SAID COMMON LINE AND
THE WESTERLY LINE OF PARCEL 1 ABOVE, SOUTH 000'28' 33" EAST NlEGORD N.
00052'16"W. PER SAID DEED) 5.40 FEET TO A POINT ON THE NORT,HWESTERLY LINE
OF THE RIGHT-OF~WAY OF THAT CERTAIN PROPOSED STREET DEDICATION FOR STOWE
DRIVE; THENCE LEAVING SAID COMMON LINE AND WESTERLY LINE AND ALONG SAID
NORTHWESTERLY LINE OF THE RIGHT-OF-WAY, SOUTH 67015'00" WEST 32.09 FEET;
Be/ /.IMA/ LH
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7 14-87
IN 5532-06
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. EXHIBIT iliA"" .676
LEGAL DESCRIPTION (PAGE 2)
THENCE NORTH 22045'00" WEST, 4.50 FEET TO A POINT ON A NON~TANGENT 20.00
FOOT RADIUS CURVE' CONCAVE NORTHWESTERLY, A RADIAL LINE 'rO'SAID: PoiNT BEARS
SOUTH22~45" 00" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF S'AID CURVE
THROUGH A CENTRAL ANGLE OF 1r50'19" A DISTANCE OF 4.48 FEET TO A POINT ON
A LINE' PARALLEL WITH AND DISTANT 5.00 FEET NORTHWES1:ERlY AT RIGHT ANGl.ES, TO
THE PREVIOUSLY DESCRIBED LI NE WHICH BEARS SOUTH 67015'00" WEST; THENCE
ALONG SAID PARALLEL LINE, NORTH 67015'00" EAST 38,,58 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL 2 CONTAINS AN AREA OF 0.004 ACRE, MORE OR LESS.
THIS LEGAL DESCR,IPTlON ,(EXHIBIT "A") AND A SKETCH LABELED EXHIBIT "B",
ATTACHED HERETO ANDMAD~ A PART OF THIS LEGAL DESCRIPTION, WAS PREPARED BY
ME OR UNDER MY DIRECTION,
SIGNED:
EXPIRATION DATE: DECEMBER 31, 1987
Bf,~ IMI1AjLH
'S',I~/LH
7-14-87
IN 5532-06
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NO. RAD/US 'OeLTA ARC
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C3 //6J?50 /"87 or 3R.<5/
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L EGE:NO
lFLFU?2Ui:'t3~LJNOICATes PUBLIC UTILITY cASEMeNT oeD/CATeD
.' . (PARCeL' ::O.OOGAC'J FARCEL 2 =Q004AC)
___INO/CATRJ SUBDIVISION BOUNDARY OF/vIAl" NO, 1/742 .
@_______,'NOICATes f.HOI"OseiJ STRE"aOEDICATION
PUfdL1CUTILITY cASEMENT-IN ~?/2 SECT/ON 28, 7."/4$..
R.2 JI\/., B.S.M. FOR CITY OF POWAY TIi'ACT 8.5:"04 UNIT', POMEIf'AOO
BUSINess FARK-PHASE I, MAP NO. 11742.
vt-n, .",ooorn>OT,1ic:
It<.!NUlS . : "-""'I.C!tS .$lAvnoa1 "Ofi IONj()N eQUal, !!.AN Dl'!CO. CAlIfOANI1\,tl111 ,,\'t1212,~'
JlIs5se'-05
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E\HIBIT "e'" if78
DECEMBER 29.. '1983 AS TO PARCEL 1; ANTHONY J,. AV'IANO AND, MARIAN J. AVIANO.
HUSBAND AND WI~E. AS JOINT TENANTS AS TO PARCEL 2; AND ANTHONY J. AvIANO
AND MARIAN J. AVIANO. HUSBAND AND WIFE. AS TENANTS IN COMtlON AS TO PARCEL
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