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201400042
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Last modified
1/10/2014 9:31:00 AM
Creation date
1/3/2014 12:15:26 PM
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DEEDS
Inst Number
201400042
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201400042 <br /> WHEREAS, lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge <br /> upon the above described property prior and superior to the lien or charge of the Deed of Trust first above <br /> mentioned and provided that the Beneficiary will specifically and unconditionally subordinate the lien or charge of <br /> the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of the lender and <br /> WHEREAS, it is to mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is <br /> willing that the Deed of Trust of Lender securing the same shall, when recorded, constitute a lien or charge upon <br /> said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above- <br /> mentioned. <br /> NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable <br /> consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce <br /> Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: <br /> 1) That said Deed of Trust securing said note in favor of Lender, and renewals or extensions <br /> thereof, shall unconditionally be and remain at all times a lien prior charge on the property <br /> therein described, prior and superior to the lien or charge of the Deed of Trust first above <br /> mentioned. <br /> 2) That lender would not make its loan above described without this subordination agreement. <br /> 3) That this agreement shall be the whole and only agreement with regard to the subordination <br /> of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the <br /> Deed of Trust in favor of lender above referred to and shall supersede and cancel, but only <br /> insofar as would affect the priority between the Deed of Trust hereinbefore specifically <br /> described any prior agreement as to such subordination including, but not limited to, these <br /> provisions, if any, contained in the Deed of Trust first above mentioned, which provide for <br /> the subordination of the lien or charge thereof to another deed or deed of trust or to another <br /> mortgage or mortgages. <br /> Beneficiary declares, agrees and acknowledges that <br /> 1. Beneficiary consents to and approves Oi.) all provisions of the note and Deed of Trust in favor <br /> of Lender above referred to, and iii.) all agreements, including but not limited to any loan or <br /> escrow agreements, between Owner and Lender for the disbursement of the proceeds of <br /> Lender's loan; <br /> 2. Lender in making disbursements pursuant to any such agreement is under no obligation or <br /> duty to, nor has Lender represented that it will see to the application of such proceeds by the <br /> person or persons to whom Lender disburses such proceeds and any application of such <br /> proceeds for purposes other than those provided for in such agreement or agreements shall <br /> not defeat the subordination herein made in whole or in part; <br /> 3. The Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the <br /> lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon <br /> said land of the Deed of Trust in favor of Lender above referred to and understands that in <br /> reliance upon, and in consideration of, this waiver and relinquishment and subordination <br /> specific loans and advances are being and will be made and, as part and parcel thereof, <br /> specific monetary and other obligations are being and will be entered into which would not <br /> be made or entered into but for said reliance upon this waiver, relinquishment and <br /> subordination; and <br /> 4. An endorsement has been placed upon the note secured by Deed of Trust first above <br /> mentioned that said deed of trust has by this instrument been subordinated to the lien or <br /> charge of the deed of trust in favor of Lender referred to. <br /> NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE <br /> PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF <br /> WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. <br /> 2 <br />
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