Loading...
Subordination Agreement Begin Loan 2012-0191149RECORDED a THE IIEOUMT OF Cl#CAOO TITLE COMPANY SUBDMSION DEPT. Recording R�4uresftd+yl And When Recorded Mail to: City of Poway Box 789 Poway, CA 92074 I � APR 03, 2012 8:00 AM 7539 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 48.00 PAGES: 12 - r M Z-& Zi t4 - u r (— r l.,ili still 11111 gill] limit 11111.111111111 milli gill] 111111111111111 milli still poll nll -------------------------------------------------------------- --------------------------------------------------------------- SUBORDINATION AGREEMENT BEGIN LOAN THIS AGREEMENT (the "Agreement "), is made as of March 29, 2012, by and among the CITY OF POWAY, a municipal corporation, hereinafter referred to as "City", Loan V. Quach , hereinafter referred to as "Borrower" and First Nations Home Finance, hereinafter described as the "Lender ": WITNESSETH WHEREAS, in order to provide funds to the Borrower in connection with the purchase of a home located at 12945 Choctaw Way, Poway, California, which property is legally described in Exhibit A attached hereto (the "Property "), the City has made a loan to Borrower in the original principal amount of $58,856 (the "Subordinate Begin Loan "), evidenced by a Promissory Note in favor of the City dated December 23, 2009 (the "Begin Note ") and secured by a Deed of Trust and Security Agreement in favor of the City (the "Subordinate Begin Deed of Trust "), recorded against the Property in the Official Records of San Diego County on December 23, 2009 as Instrument No. 2009 - 0708497. The Subordinate Deed of Trust, together with any and all amendments and modifications thereto recorded in the Official Records of San Diego County in connection with the Subordinate Loan, are hereinafter referred to as the "Subordinate Begin Loan Encumbrances." The Subordinate Encumbrances, the Note, and all other documents evidencing or securing the Subordinate Begin Loan are collectively referred to as the "Subordinate Begin Loan Documents." WHEREAS, pursuant to a Loan Agreement dated as of March 27, 2012 First Nations Home Finance (the "Senior Lender') is making a loan to Borrower in the amount of $283,300 (the "Senior Loan "). The Senior Loan is secured by that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of March 27, 2012 which will be recorded in the Official Records of San Diego County concurrently herewith (the "Senior Loan Deed of Trust "). The Senior Loan Deed of Trust and any other instruments or documents which are recorded in connection with the Senior Loan shall be referred to collectively as the "Senior Loan Encumbrances." The Senior Loan Encumbrances and any and all notes, loan agreements, and other documents and instruments executed by Borrower in connection with the Senior Loan shall be collectively referred to as the "Senior Loan Documents." D O C # 2012-0191149 11 11 1 111 11 111 1 1111111 1 111111 1 11111 1 1111111 1 11 1 111111111111111111 1 1 1 1 1 11111111 Begin Subordination A 3 -29 -12 7540 WHEREAS, it is a condition precedent to the Senior Lender providing the Senior Loan that the Senior Encumbrances be unconditionally and at all times remain a lien or charge upon the Property prior and superior to all the rights of the holder of the Subordinate Begin Loan Encumbrances and that the City specifically and unconditionally acknowledge that the Subordinate Begin Loan Encumbrances are and shall remain subordinate to the lien or charge of the Senior Encumbrances. WHEREAS, it is to the benefit of all the parties herein that the Senior Loan be made to the Borrower; and the City is willing that the Senior Encumbrances shall, when recorded, constitute a lien or charge upon the Property which is unconditionally prior and superior to the lien or charge of the Subordinate Begin Loan Encumbrances. 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 the Senior Lender to provide the Senior Loan, it is hereby declared, understood and agreed as follows: (1) That Senior Encumbrances, and any renewals, modifications or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the Property described, prior and superior to the lien or charge of the Subordinate Begin Loan Encumbrances; (2) That the Senior Lender would not provide the Senior Loan without this Agreement; and, (3) That with regard to the priority of the Subordinate Begin Loan Encumbrances, this Agreement shall be the sole and only agreement with regard to the subordination of the lien or charge of the Subordinate Begin Loan Encumbrances to the lien or charge of the Senior Encumbrances and shall supersede and cancel any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Subordinate Begin Deed of Trust, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust, another mortgage or mortgages, or any other property use restrictions or covenants. THE CITY hereby declares, agrees and acknowledges that: (a) It consents to all provisions of the Senior Documents and of any and all other agreements, including but not limited to any escrow instructions or agreements, relating to the disbursement of the proceeds of Senior Loan that have been submitted to City for its review (collectively, "Disbursement Provisions "); (b) The Senior Lender, in approving any disbursements pursuant to any such Disbursement Provisions, is under no obligation or duty to, nor has the Senior Lender represented that it will, see to the application of such proceeds by the person or persons to whom the proceeds are disbursed and any application or use of such proceeds for purposes other than those provided for in the Senior Documents shall not defeat the subordination herein made in whole or in part; and, (c) It intentionally and unconditionally subordinates the lien or charge of the Subordinate Begin Loan Encumbrances in favor of the lien or charge upon the Property of the Senior Begin Subordination A 2 3 -29 -12 7541 Encumbrances and understands that in reliance upon, and in consideration of, this subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being entered into which would not be made or entered into but for said reliance upon this subordination. (d) Upon any event of foreclosure of the Subordinate Begin Deed of Trust, whether by power of sale or by court action, or upon a transfer of the Property in lieu of foreclosure, such foreclosure shall not be deemed an event of default under any of the Senior Loan Documents provided that the City or any assignee of its rights or transferee of the Property agrees to assume all of Borrower's obligations under the Senior Loan Documents within ninety (90) days of such foreclosure and thereafter complies with all terms of the Senior Loan Documents. (e) Notwithstanding anything to the contrary contained in the Subordinate Begin Loan Documents, prior to the City declaring any default or taking any remedy permitted against the Borrower under the Subordinate Begin Loan Documents or applicable law based upon an alleged default under the Subordinate Begin Loan Documents, the City shall give notice to the Senior Lender of such alleged default, and the Senior Lender shall have a period of not less than ninety (90) days to cure such alleged default. Notwithstanding the foregoing, other than the appointment of a receiver to collect monies owing from the Borrower, the City may take any reasonable action it deems necessary or appropriate in good faith to protect its security. Notices of any default by the Borrower under the Subordinate Begin Loan Documents shall be given to the Senior Lender at the following address: First Nations Home Finance 7330 Engineer Road, Suite A San Diego, CA 92111 (f) Concurrently with a notice from the Senior Lender to the Borrower that a default or breach exists under the terms of any of the Senior Documents, Senior Lender shall send a copy of such notice to the City and the City shall have thirty (30) days to cure such default. The Senior Lender will not exercise any of its remedies against Borrower or the Property during any applicable cure period set forth herein beginning after the date such notice is given to Senior Lender, except that Senior Lender may take any reasonable action it deems necessary or appropriate in good faith to protect its security. Notwithstanding anything to the contrary in this Agreement, any indebtedness and any other amounts secured by the Senior Encumbrances may be accelerated and become immediately due and payable in accordance with the terms of the Senior Lender Deed of Trust or any other Senior Documents and a notice of default may be recorded in the applicable governmental office immediately upon the occurrence of a default and expiration of any applicable notice and cure periods set forth in the Senior Documents, provided, however, that if the underlying default giving rise to such acceleration is a monetary default, the City and Borrower shall be deemed to have cured the default by tendering payment of all amounts then due as if no acceleration of any indebtedness had Begin Subordination A 3 3 -29 -12 7542 occurred. Notices of any default by the Borrower under the Senior Loan Documents shall be given to the City at the following address: City of Poway 13325 Civic Center Drive Poway, California 92064 Attention: Begin Program (g) After a default under the Senior Documents, but prior to a foreclosure sale or deed in lieu assignment of the Property, the City shall have the right to purchase the Property from the Borrower and pay all amounts due and owing under the Senior Documents. (h) The provisions of the foregoing paragraph are intended to supplement, and not to limit, waive, modify or replace, those provisions of law pertaining to notice and cure rights of Subordinate lenders including, without limitation, those set forth in California Civil Code §§ 2924b and 2924c. Begin Subordination A 4 3 -29 -12 7543 IN WITNESS WHEREOF, parties hereto have signed this Agreement as of the day and year first above written. CITY OF POWAY 0 SIGNATURES MUST BE NOTARIZED [signatures continue on following page] Begin Subordination A 3 -29 -12 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On /M a`3 010 , before me, C. art>1 S . L4ac , Notary Public, personally appeared jJe i2jig proved to me on the basis of satisfactory evidence to be t@dperson42 whose name( is /axe subscribed to the within instrument and acknowledged to me that krt she/tliiy executed the same in laWfier /their authorized capacity(i .*, and that by his/her /tlaxir signature( on the instrument the person(K), or the entity upon behalf of which the person(g acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS seal. 7544 Commission 1 1934186 L tlotery e - County Di Son Dieg o County / Comm. Ex fires A r 28.2015 Notary Public 7545 THE LENDER: [SIGNATURE BLOCK OF SENIOR LENDER] �phn M. tjclpcski �i rsfi N 0 0 nc, '0 D C� SIGNATURES MUST BE NOTARIZED Begin Subordination A 3 -29 -12 7546 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l County of :E�q� Di G� D J On u(LVCIn 27, 2002 before me. F(12_&_&,4. A. S{tvLU. rev, f`fojw.�iti Date Here Insert Name antl Titl of the Officer personally appeared ELIZABETH A. SHOEMAKE IL9, R commission Is 1891297 Notary puM . Callfornia s San Diego County Comm. Ea It Jun 25, 2014 —W III who proved to me on the basis of satisfactory evidence to be the person(4 whose name,()jsarW subscribed to the within instrument and acknowledged to me that be[s)ie /they executed the same In his /Ver /tWr authorized capacity(), and that by his/or/their signature(4 on the instrument the persor)) or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m ar�d ea fficial se a__ Signatur ✓ Place Notary OPTIONAL Seal Above Sig ture of Notary Public Though the information below is not required by law, R may prove valuable to persons retyng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer —Title(s): ❑ Individual ❑ Partner — ❑Limited .I General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Corporate Officer— Title(s): C Individual C Partner — [I Limited ❑ General Top or thumb here , Attorney In Fact ❑ Trustee J Guardian or Conservator — 1 Other: Signer Is Representing: P 2009 National Notary Association • National org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 7547 THE BORROWER: [BORROWER'S SIGNATURE BLOCK] By: 611 Uc wx V . O UAe Y, I� SIGNATURES MUST BE NOTARIZED [signatures continue on following page] Begin Subordination A 6 3 -29 -12 r State of California County of San Diego On 1"4 Q OF 3�:'f 9DLD- before me, Lori L. Mahoney, a Notary Public, personally appeared L1.LQ -) V • Ql1au -- who 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 acknowledged 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) LORI L. MAHONEY m Commission # 1861785 z ..m Notary Public - California z San Diego County My Comm Expires Aug 20, 2013 EXHIBIT A That certain property situated in the State of California, County of San Diego, City of Poway, described as follows: [TO BE PROVIDED] 7549 Begin Subordination A 3 -29 -12 LEGAL DESCRIPTION 7550 LOT 9 OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15743 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 5, 2009. END OF LEGAL DESCRIPTION