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HomeMy WebLinkAbout; Perry, Arthur C. and Vicki H.; 1993-0820504; Subordination Agreement~ %3/g zw-T nc II 1~~~-~~~~$~4 . ’ WF-DE@4993 08:OO An GFFICIfiL RECORDS S OFFICE ~ RECORDING REQUESTED BY: Y S#I GREGG CGiiHTY WECGRGER” ,j c fii#jETTE EVANS i CGUHTY RECilRGER ~ p&?c.+ ,.T! K-r . . <_. ’ ‘=- 7 -’ iiF: 7. it0 FEES: 17.00 cc’ fqc&&‘y p;; !, ‘r I ..*-.,-,7 F #: 9. GO . . -2 L 1 A L. ;;I: gF: ;.ijo WHEN RECORDED MAIL TO: / City Clerk CITY OF CARLSBAD ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 ) Space above this line for Recorder's use. transfer tax: $No Fee Signature of declarant determining tax City of Carlsbad Parcel No. 203-251-04 SUBORDINATION AGRBENBNT FOR CONSTRUCTION AND PERMANENT FINANCING This Subordination Agreement is made between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as aCity1@ and Arthur C. Perry and Vicki H. Perry, Trustees of Successor Trustee of the Perry Revocable Trust Dated July 3, 1991, hereinafter referred to as "Property OwnerH. SUBORDINATION AGREEMENT City hereby agrees to subordinate any right, title, or interest created by that certain document entitled l@Contract for Future Public Improvements II between Property Owner and City, dated December 2, 1986 and recorded in the office of the San Diego County Recorder on December 5, 1986, recorder's file number 86- 564231 to a purchase money mortgage or MREEEWTSlAG-ZbE. FWI - 1 - F/h’ ao- c/o “- . . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A 1252 , purchase money deed of trust on the real property described as follows: Parcel 1 That portion of TOWN,OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 365, filed in the Office of the County Recorder of San Diego County, February 2, 1887, and that portion of Ocean Street as shown on said Map as closed to public use, described as follows: Beginning at a point at the Southwesterly line of State Highway Division VII, Route 2, Section rrBrr, Sheet 18, approved October 17, 1912, as per Map on File in the Office of the County Surveyor of San Diego County, distant therealong South 30"56'20 East 100.2 feet from a point in the Southwesterly prolongation of the Northwesterly line of Block 14 of said TOWN OF CARLSBAD, distant thereon South 55'27' West 45.09 feet from the Northwesterly corner of said Block 14; thence along said Southwesterly line of State Highway, South 30'56'2OI~ East 52.50 feet; thence South 55'27' West 78.25 feet; thence North 34.31' West 8.08 feet; thence South 55'27' West to the mean high tide line to an intersection with a line which bears South 55'27' West from the POINT OF BEGINNING; thence North 55'27' East to the POINT .OF BEGINNING. EXCEPTING THEREFROM that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section rBcr, Sheet 18, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map No. 365. In addition, City agrees to subordinate any and all right, title, and interest created by said document to any loan secured by a mortgage or deed of trust in like amount made for the purpose of refinancing the purchase money mortgage or purchase money deed of trust referred to above. /// /// /// ( /// /// /// A(REDEWTSW-ZbE.FRH -2- 11/m/93 . . . *. l ’ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - 20 21 22 , ,r I 23 24 25 26 27 28 ,- , 125; . This agreement shall be binding upon and inures to the benefit of the successors, heirs, assigns, and transferrees of property owner and shall run with said real property. IN WITNESS WHEREOF, this agreement is executed on the ;7/&/ day of /ID/WII~ eR. I 19 ci.? . PROPERFY OWNER ARTHUR C. PERRY AND VICKI H. PERRY, Trustees of Successor Trustee of the Perry Revocable Trust dated July 3, 1991 (Signature) Arthur C. Perrv (Printed Name and Title) , VA-P’ J&W (Signature) Vicki H. Perrv (Printed Name and Title) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: By: ll&dJ=l Marl?M?5renvak\\ Community D&el&ment Director RONALD R. BALL, City Attofney BY: Deputy City Attorney ATTEST: erk AGREEEYTSUG-24E.F -3- 11/mm .- STATE OF CALIFORNIA i - COUNTY OF fP . I $A ss. 1254 On v NM. oszd ‘ /493 before me, : 5 personally appeared or- C&&P~ c&L : &T/&p - v 8 ? personally known to me (or proved to me on the basis of satisfactory evidence) to be : the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged P to me that he/she/they executed the same in his/her/their authorized capacity(ies), and E that by his/her/their signature(s) on the instrument the person(s), or the entity upon n behalf of which the person(s) aged, executed the instrument. 8 SOUTH IAND TITLE CORPORATION FOR NOTARY SEAL OR STAMP b -_ mtawR#c-calm g ! MY~m.Whhw8.l~ . . / - 1255 STATE OF CALIFORNIA ) 1 COUNTY OF SAN -DIEGO ) On December 1, 1993 , before me, Karen R. Kundtz, Assistant . City Clerk, personally appeared Martin Orenvak, Codtv Devwnt Director ------------------------------- , personally known to me (~~-pp~ve$ t-me-en--the-b&+&~+*~) to be the person(+ whose name(+) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(*s), and that by his/her/their signature(+) on the instrument the person(s), or the entity upon behalf of which the person&) acted, executed the instrument. Witness my hand and official seal (SEAL)