Loading...
HomeMy WebLinkAboutCMWD 90-C-350; Axiom Airport Partners LP; 1991-0327820; Subordination Agreement.' I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE RECORD THIS DOCUMENT AT NO FEE AS IT IS TO THE BENEFIT OF THIS DISTRICT (GOV. CODE [6103]). RECORDING REQUESTED AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 920 hereinafter owner and holder of the deed of trust WIT~ESSETII THAT WHEREAS, Axiom Airport Partners, L.P.. (Trustor) did execute a deed of trust, dated November 6, , 19- to American Interstate (Date) (Trustee) Bank ES tnstee, covering Lot 6, Parcel Map 11589, Cosmos Court, CMWD Project No. 90-C-350 (Brief Legai Description) (see Exhibit 'A' & IB' for Detailed Description) 1 3/26/91 REV. 1' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 to secure a note in the sum of One Hundred Seventy-Five Thousand (Lien Amount) Dollars ($ 175,000.00 ) dated November 6 , 19 - 90, in favorof American Interstate Bank recorded in the office of the County Recorder of San Dieso County on November 9, 1990 , as FileNo. 90-608691 of Official Records of said county: (Date) (Beneficiary) (County) (Date Recorded) grantor, a gran favor of hereinafte lien or ch that benefic ly subordinate ioned to the lien or charge of the E; Grantee: and WHEREAS, it is to the mutual benefi of the parties hereto that Easement Grantee accept said EASEM NT/EASEMENTS and Beneficiary is willing that the grant of EASEMEN /EASEMENTS shall, when recorded, constitute a charge upon sai i land which is unconditionally prior and superior to the lien or charge of the deed of trust above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, 2 3/26/91 REV. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Easement Grantee to accept said EASEMENT/EASEMENTS above referred to, it is hereby declared, understood and agreed as follows: 1. That said EASEMENT/EASEMENTS in favor of Easement Grantee shall unconditio all times a charge on the property erior to the lien or charge of th without t bordination the deed of trust abo e EASEMENT/EASEMENTS in favor of E between the deed of tru specifically described, any ation including, tained in the deed of lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. He consents to and approves the grant of EASEMENT/EASEMENTS in favor of the Easement Grantee. 2. He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust above mentioned to the EASEMENT/EASEMENTS in favor of 3 3/26/91 REV. ., *. '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 20 1332 Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination of the grant of EASEMENT/EASEMENTS is being executed and delivered, the EASEMENT/EASEMENTS IS/ARE being created, and that specific monetary and other obligations are being and will be lenders and title insurance comp entered into but for said re1 inquishment and subordinat /// /// /// /// /// /// /// /// /// 4 3/26/91 REV. . I. 1 I . ' 1 I t 1 i $ 1( 11 1: 1: 14 15 1E 17 le 19 20 21 22 23 24 25 26 27 28 1333 3. An endorsement has been placed upon the note secured by the deed of trust above mentioned that said deed of trust has by this instrument been subordinated to the charge of the EASEMENT/EASEMENTS in favor of Easement Grantee above referred to David Brown, President (title of signatory) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN A CORPORATE EXECUTION OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OK ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. /// /// 5 3/26/91 REV. "eQnc""m@*"*10.10. ~~-wL"~+"~~- -10. Corporation Acknowledgemen, . State of CALIFORNIA I On this 9th day of MAV , in the year m, ss' before me, the undersigned, a Notary Public in and for said Countyand State, ., county Of Orange I personally appeared David M. Brown E? personally known to me . 1 to be the person@) who executed the within instrument as President and _-- Secretary or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Signature Notary Pfllic in and for said County and State THIS CERTIFICATE ' TO THE DOCUMENT Title or Type of Document v . MUST BE ATTACHED Number of Pages 2 Date of Document ~~ ~~ DESCRIBED AT RIGHT: Signer@) Other Than Named Above ' TT-1102 (Rev. 3190) "10.""""" "".0.&.+*"10.*""10.e"10.- .Corporation Acknowledgement State of CALIFORNIA On this 9th day of May , in the year l%9L, County of Oranqe before me, the undersigned, a Notary Public in and for said County and State, .. ] ss. personally appeared L. Taylor Gerry and ~k Ei personally known to me to be the person(s) who executed the within instrument as - and d President President *mor on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it THIS CERTIFICATE i TO THE DOCUMENT Title or Type of D Number of Pages , MUST BE ATTACHED DESCRIBED AT RIGHT: Signer@) Other Than Named Above n-1102 (Rev. 3/90) ~*-~***~~~-*~~10.**10.~*~**10.*~*~ 1334 STATE OF CALIFORNIA COUNTY OF ORANGE I ISS I 0 5 On MAY 8, 1991 ,before me, the undersigned, a Notaw Public in and for r 0 saidState,personallyappeared s- SOLSBY, ROD IM ****************** and , personally known lo me (or proved to me on the .- P s. STONE ***********x***** 5 2 basis of satisfactory evidence) to be the Persons who executed the within instrument as pEsIDW~ 1 ;! cs VICE Z$ the corporation therein named, and acknowledged to me that President andSR'VICE -on behalf of ************* 0 30 -0 g S~chcorporationexecutedthewithininstrumentpursuanttoits I by-laws or a resolution of its board of directors. 25 NOTARY PUBLiC - CALIFORNIA ANN WAGNER y hand and official seal. c\ A- ANN m- (This area for official notarial seal) 1 1 2 3 4 5 6 7 8 9 ' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1335 IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. t Vincent F. Biondo, Jr., General Counsel of OWNER and BENEFICIARY must be attached. CMWD 90-C-350 6 3/26/91 REV. I. 1336 , JANUARY 30, 1991 1293 EXHIBIT "A" SHEET 1 OF 1 SHEETS WATER EASEMENT A PORTION OF LOT 6 OF PARCEL MAP 11589, IN THE CITY OF CARLSBAD, RECORDED AUGUST 14, 1981 IN THE OFFICE OF THE COUNTY RECORDER' COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER- BEING A STRIP OF LAND 10.00 FEET IN WIDTH LYING 5.00 FEET ON LINE : COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 89'24'16" EAST, 33.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID NORTHERLY LINE ALONG SAID CENTERLINE SOUTH 00*35'44" WEST, 198.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A1*; THENCE CONTINUING SOUTH 00'35'44" WEST, 113.00 FEET: THENCE SOUTH 89*24'16" EAST, 20.00 FEET TO THE POINT OF TERMINUS TOGETHER WITH A STRIP OF LAND 25.00 FEET IN WIDTH LYING DESCRIBED CENTERLINE: 12.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING BEGINNING AT SAID POINT : THENCE SOUTH 89 * 24'16" EAST, ~~~~~ ~~~ ""_ ~~~ 43.00 FEET TO THE POINT OF TERMINUS. AND/OR SHORTENED AT ALL ANGLE POINTS AND TO BEGIN ON THE NORTHER- THE SIDELINES OF SAID STRIPS OF LAND ARE TO BE LENGTHENED ~. . ~~ LY LINE OF SAID LOT 6. C.M.W.D. 90-C.350 NOT 70 SCALE