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Subordination Agreement 2003-0900539l RECORDING REOUES*IiY .F +J DOC4 r � CHICAGO TITLE COMPANY � AND WHEN RECORDED MAIL TO JUL 29P 2003 8 :00 AM CITY OF POWAY ✓ ' OFFICIAL REM REDEVELOPMENT AND AFFORDABLE HOUSING ',N DIEGO MKfY RECORDER'S WICE BOX 789 GEM J. SR'ITN9'CONY R POWAY, CA 92064 FEES: 19.00 J/{d_ Order N0. 038 045196— P11 not Escrow No. 38045196 P90 SPACE ABOVE THIS UNE FOR FECOI R'S USE —� SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. ,ems, THIS AGREEMENT, made July 16, 2003 , by LINDA M. DUMIN owner of the land hereinafter described and hereinafter referred to as "Owner ", and POWAY REDEVELOPMENT AGENCY d present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary'; WYTNESSETH THAT WHEREAS, LINDA M. DUMIN did execute a deed of trust dated SEPTEMBER 26, 2 0 01 , to COMPREHENSIVE HOUSING SERVICES, INC. A CALIFORNIA CORPORATION as trustee, covering that certain real property described as LOT 66 OF TUSTIN HILLS UNIT NO. 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO:. 4442, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 12, 1960. to secure a note in the sum of$ $8, 001.75 , dated SEPTEMBER 26, 2001 , in favor of POWAY REDEVELOPMENT AGENCY which deed of trust was recorded OCTOBER 1, 2001 in book /reel - - - , page /image - - - , Official Records of said county and /or as document number /series 2 0 01 0 7 0 5 9 0 3 J ;and Page l of 3 1 a i 1 {SAA1 7/93 ken:.:. 1728 WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $$57,700.00 , dated JULY 17, 2003 , in favor of UNION BANK OF CALIFORNIA, N.A. hereinafter referred to as "Lender ", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times alien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust ~securing the same shall, when recorded, constitute a� lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above' mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the hen or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements' as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided' for in such agreement or agreements shall not defeat the subordination herein made in whole or in part (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and Page 2 of 3 SAA2 7/93 Win k (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL. PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR PURPOSES OTHER THAN IMPROVEMENT OF THE LAND. POWAY REDEVELOPMENT AGENCY LINDA M. DUMIN BY: BY mela Wilczak BY; (All signatures must be acknowledged) Page 3 of 3 THIS FORM FURNISHED BY CHICAGO TITLE COMPANY SAA37 /93ksn IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIRATTORNEYS WITH RESPECT THERETO. (SUBORDINATION FORM "A" DEED OF TRUST OF RECORD TO NEW DEED OF TRUST) w ` ' 1730 WCHELLIEPAUUNER Commission # 1298219 I Nolary Public California Son Diego County STATE OF IA } MyCc�mm. r Mar23t Q05 SS. COUNTY OF ) A } QYI Qla before me, a Notary Public in for said County and State, personally appeared Z _ perso known to me (or proved tome on the basis of satisfactory evidence} to the persons) whose names) s are subscribed to the within instalment arxi ark edged to me that he/ executed 'the same In hisJ�jtheir authorized capacity(ies), and that by hls, /their signatures) on the nt the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Iar`; t�talic ca (W. a Diego cnullty (wA Signature of Notary �.. STATE OF CALIFORNIA / ) SS. COUNTY OF SA A / b 660 ) On J ULU s �� D�3 before r` ie, / 0— a Notary Public in and for said County and Smote, personally appeared -- 4 J AI DA O M rile (or proved to me on the basis of satisfact evidence) to b the PersonA whose nam is 4X e subscribed to the within Instrument and acknowledged to me that Pd/she /ti executed the same in I jher /tolr authorized capacity(IA, that by , /her /olr signature on the Instrument the person , or the entity upon behalf of which the per "son acted, executed the instrument. WIT SS my hand a clal seal. u MARY C. iOFFMAN Commission # 1301031 Notary Public Califomia z % San Diego County S[ 566ttrre l f olwy MyCon m. Expkw May 13, 2005 EXTWTI — 09/25/96bk . 17 DESCRIPTION Order No. 03 804 5196 LOT 66 OF TUSTIN HILLS UNIT NO. 1, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4442, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 12, 1960. PDONLY -- 11/17/97bk