Laserfiche WebLink
SUBORDINATION OF DEED OF TRUST <br />Loan No: 101298208 (Continued) <br />201607734 <br />Page 2 <br />As a condition to the granting of the requested financial accommodations, Lender has required that the Lenders Lien be <br />and remain superior to the Subordinated Deed of Trust. <br />REQUESTED FINANCIAL ACCOMMODATIONS. Trustor, who may or may not be the same person or entity as <br />Borrower, and Beneficiary each want Lender to provide financial accommodations to Borrower in the form of the <br />Superior Indebtedness, Trustor and Beneficiary each represent and acknowledge to Lender that Beneficiary will benefit <br />as a result of these financial accommodations from Lender to Borrower, and Beneficiary acknowledges receipt of <br />valuable consideration for entering into this Subordination. <br />NOW THEREFORE THE PARTIES TO THIS SUBORDINATION HEREBY AGREE AS FOLLOWS; <br />SUBORDINATION. The Subordinated Deed of Trust and the Subordinated Indebtedness secured by the Subordinated <br />Deed of Trust is and shall be subordinated in all respects to Lender's Lien and the Superior Indebtedness, and it is <br />agreed that Lender's Lien shall be and remain, at all times, prior and superior to the hen of the Subordinated Deed of <br />Trust, The words "Security Interest mean and include without limitation any type of collateral security, whether in the <br />form of a lien, charge, mortgage deed of trust, assignment, pledge, chattel mortgage, chattel trust, factor's fien, <br />equipment trust, conditional sale, trust receipt, lien or title retention contract, lease or consignment intended as a <br />security device, or any other security or lien interest whatsoever, whether created by taw, contract . or otherwise. <br />BENEFICIARY'S REPRESENTATIONS AND WARRANTIES. Beneficiary represents and warrants to Lender that (A) no <br />representations or agreements of any kind have been made to Beneficiary which would limit or qualify M any way the <br />terms of thiS Subordination. (B) this Subordination is executed at Borrowers request and not at the request of Lender, <br />(C) Lender has made no representation to Beneficiary as to the creditworthiness of Borrower and (D) Beneficiary has <br />established adequate means of obtaining from Borrower on a continuing basis information regarding Borrowers financial <br />condition. Beneficiary agrees to keep adequately informed from such means of any facts events, or circumstances <br />which might in any way affect Beneficiary s risks under this Subordination. and Beneficiary further agrees that Lender <br />shall have no obfigation to disclose to Beneficiary information or material acquired by Lender in the course of its <br />relationship with Beneficiary. <br />BENEFICIARY WAIVERS, Beneficiary waives any right to require Lender (A) to make, extend, renew. or modify any <br />loan to Borrower or to grant any other financial accommodations to Borrower whatsoever (8) to make any <br />presentment, protest, demand, or notice of any kind, including notice of any nonpayrnent of any Superior Indebtedness <br />secured by Lender's Lien, or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or <br />other guarantor in connection with the Superior Indebtedness, or in connection with the creation of new or additional <br />indebtedness; (C) to resort for payment or to proceed directly or at once against any person, including Borrower (D) <br />to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other <br />person; (E) to give notice of the terms, lime, and place of any public or private sale of personal property security held <br />by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to <br />pursue any other remedy within Lenders power or (G) to commit any act or omission of any kind. at any time with <br />respect to any matter whatsoever, <br />LENDER'S RIGHTS. Lender may take or omit any and all actions with respect to Lender's Lien without affecting <br />whatsoever any of Lender s rights under this Subordination, In particular, without limitation, Lender may without <br />notice of any kind to Beneficiary. (A) make one or more additional secured or unsecured loans to Borrower; (8) <br />repeatedly alter, compromise, renew extend, acceterate, or otherwise change the time for payment or other terms of <br />the Superior Indebtedness or any part of R. including increases and decreases of the rale of interest on the Superior <br />Indebtedness: extensions may be repeated and may be for longer than the original loan term; (C) take and hold <br />collateral for the payment of the Superior indebtedness, and exchange, enforce, waive. and release any such collateral, <br />with or without the substitution of new collateral; (D) release, substitute, agree not to sue, or deal with any one or <br />mare of Borrowers sureties, endorsers, or guarantors on any terms or manner Lender chooses; (E) determine how, <br />when and what application of payments and credits, shall be made on the Superior Indebtedness; (F) apply such <br />security and direct the order or manner of sale of the security, as Lender in its discretion may determine: and (G) <br />transfer this Subordination to another party, <br />DEFAULT BY BORROWER, If Borrower becomes insolvent or bankrupt, this Subordination shall remain in full force and <br />effect Any default by Bon-or under the terms of the Subordinated Indebtedness also shall constitute an event of <br />default under the terms of the Superior Indebtedness in favor of Lender. <br />MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Subordination: <br />Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this <br />Subordinate:in, Lender shall be entitled to recover such sum as the court may actudge reasonable as attorneys fees <br />at trial and upon any appeal. Velether or not any court action is involved, and to the extent not prohibited by law, <br />all reasonable expenses Lender incurs that in Lenders opinion are necessary at any time for the protection of its <br />interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear <br />interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, <br />without limitation, however subject to any limits under applicable law, Lenders attorneys' fees and Lenders lege/ <br />expenses, whether or not there is a lawsuit . including attorneys' fees and expenses for bankruptcy proceedings <br />(including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated posteudgment <br />collection services, the cost of searching records, obtaining title reports (including foreciosuie reports) surveyors' <br />reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. <br />