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Home My WebLink AboutSDP 97-05; KREG-OC, LP; 1998-0084124; EasementRECORDING REQUESTED BY r. KREG-OC, L.P., a California rlmlted partnership AND WHEN RECORDED, PLEASE MAIL TO: Carlsbad Municipal Water District Engineering Department 5950 El Camino Real Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) 1767 OFFICIAL RECOADS SI?# DIEGO COUNTY KCIKDER'S OFFICE FEES: 0.00 LEGDRY J. SMITH, CMTY RECORDER oc : NA I Space above this line for Recorder's use. The undersigned grantor@) declare(s): Assessor's Parcel No. 211-022-19 Documentary transfer tax is $o.oO Project No. & Name 97-260. Lot 7. Carlsbad Ranch. ( )computed on full value of property conveyed, or Denso-Hawk Proiect. SDP 97-05 ( )computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carisbad , and FOR A VALUABLE CONSIDERATION, CARLSBAD MUNICIPAL WATER DISTRICT receipt of which is hereby acknowledged. J4?&&$& . WILLIAM E. PLUMMER. District Engineer \J%% GRANT DEED OF WATER LINE EASEMENT KREG-OC, L.P., a California limited partnership does hereby grant to CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized in the State of California, its successors and assigns, ameasement. Purpose: the easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct. reconstruct. operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flw water and ground water flowing into said facilities. and all natural and artificial drainage ditches and structures of any kind,whether above or below the surface of the ground. Said wlily may include pipelines, pumping facilities, structures designed to control the flow of water and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from I 1 o/20/9:~ Rev. % ,,,. I .. 1768 .. .. natural,and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee, LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A" and Exhibit "B attached hereto and by this reference made a part hereof. Executed by the Grantor this 2\ day of &J. , 19%. GRANTOR - . - .. . . - . . KREG-OC, L.P., a California limited partnership (name of grantor) By: .KREG Operating Co., a Delaware By: General Partner (sigFi here) I/ x.2 (title of signatory) y.L . By: I/6 u& (sign here) (file of signatory) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) APPROVED AS TO FORM: RONALD R. BALL CMWD 97-260 10/20/97 Rev. L _. ,, . EXHIB IT " 1 769 AUGUST 5, 1997 J.N. : 97-1019 A" CMWD 97-260 WATER EASEMENT AT LOT 7 OF MAP NO. 13357 PARCEL "A" ALL THAT PORTION OF LOT 7 IN THE CITY OF CARLSBAD, COUNTY OF S24.N DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, MORE PARTICCLARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE WESTERLY LINE OF SAID LOT 7, SOUTH 22'29'12" EAST, 25.13 FEET TO THE TRUE POINT - OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 67'30'48'' EAST, 27.00 FEET; THENCE SOUTH 22'29'12'' EAST, 11.70 FEET; THENCE SOUTH 67'29'12'' EAST, 25.88 FEET; THENCE NORTH 67°30'48" EAST, 202.70 FEET; THENCE NORTH 22'29'12'' WEST, 30.00 FEET; THENCE NORTH 67'30'48'' EAST, 20.00 FEET; THENCE SOUTH 22"29' 12" EAST, 30.00 FEET; THENCE NORTH 67'30'48'' EAST, 158.00 FEET; THENCE SOUTH 22"29'12" EAST, 20.00 FEET; THENCE SOUTH 67O30'48" WEST, 69.19 FEET; THENCE SOUTH 22"29'12" EAST, 14.74 FEET; THENCE SOUTH 67'30'48'' WEST, 20.00 FEET; THENCE NORTH 22'29'12" WEST, 14.74 FEET; THENCE SOUTH 67"30'48" WEST, 302.26 FEET; THENCE SOUTH 22"29'12" EAST, 19.00 FEET; THENCE SOUTH 67'30'48" WEST, 20.00 FEET; THENCE NORTH 22'29' 12" WEST, 19.00 FEET; THENCE SOUTH 67"30'48" WEST, 14.55 FEET; THENCE NORTH 22'29'12" WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING. AREA = 10,772 SQUARE FEET - PAGE 1 OF 2 CMWD . : . .. , ,. .. PARCEL "B" ALL THAT PORTION OF LOT 7 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE ALONG THE EASTERLY LINE OF SAID LOT 7, NORTH 22'29'12'' WEST, 70.40 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 67'30'48'' WEST, 8.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22"30'48" WEST, 51.47 FEET; THENCE SOUTH 67'30'48'' WEST, 110.06 FEET; THENCE NORTH 22'29'12'' WEST, 35.00 FEET; THENCE NORTH 67'30'48'' EAST, 20.00 FEET; THENCE SOUTH 22'29' 12" EAST, 15.00 FEET; THENCE NORTH 67'30'48'' EAST, 81.77 FEET; THENCE NORTH 22O30'48" EAST, 57.80 FEET; THENCE NORTH 67"30'48" EAST, 3.81 FEET; THENCE SOUTH 22'29'12" EAST, 24.47 FEET TO THE TRUE POINT - " - OF BEGINNING. AREA = 3,558 SQUARE FEET PAGE 2 OF 2 CMWD MAP mo. 13357 15' ESM. 70 CMW PER F/hr 1994-02724.35 " NW'LY ColpNER LOT 7 N2729'12'W 496.84 " SCALE: 1" = loo' " EX- t.rszuENr BOUNMRI YI!amnw "" WNM I)- EXHIBIT B WATER EASEMENT SHT. 1 OF 2 SHTS A.P.N. 211-022-18 ?EQUESTED BY ,REG-G€, L.P. 275 EXECUTIVE SQUARE ;NE 240 DATE 6-23-97 R.C.E. 27214 EXP. 313 /O fi JOLLA. CA 92037 C.M.W.D. 97-260 115 PREPARED BY PATRIC>F ~l 17 r-vmmm- enr ~narrrr I .. . I - .. _. __ :8" E 158.00' - I I 2729'12" E 20.00' 69.19' 67'30'18" W I - ~~ ~ 2729'12" E - 14.74' I - 67'30'48' W 20.00' (13 I N 2729'12 W - 14.74' I s 6r3ow w Xl2.26' S 2729'12" E 19.00' S 67'30'48" W - 20.00' N 2729'12" W - 19.00' (18} I S 67'30'48" W ."_ - 14.55' @I N 2729'12 W 1 - 50.00' DATA TABLE-PARCEL B I NO. I DELTA OR BEARING I RADIUS I LENGTH I (20 I S 67'30'48' W 1 10.06' - 631 N 2729'12 W I - 35.00' MS/S OF BURINGS: LEGAL DESCRlPllON: PORlloN OF LOT 7 OF hUP N. 13.357 WATER EASEMENT SHT. 2 OF 2 SHTS. REQUESTED BY :REG-OC. L.P. PREPARED BY: ,275 EXECUTM SQUARE PATRKY N. 0'MY C.M.W.D. 97-260 WE 240 A,P,N. 211-022-18 DATE 6-23-97 fi JoLLk CA 92037 r.\-,nmn*m.e en-97 "9 p1 cs !, 1773 STATE OF CALIFORNIA , 1 On before me, , W(bM DATE I' NAME AND TITLE OF mFICER kc personally appeared NAME@) OF SIGNER@) - OR - " proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hdshelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. (This area for official notary seal.) Title or Type of Document Date of Document 197 No. of Pages 5 =/&dd Signer(s) other than named above CMWD 97-260 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF ISS. On 12/1/97 before me, DeNaya Smith DATE NAME AND TITLE OF OFFICER personally appeared Christine A. Rush NAME@) OF SIGNER(S) personally known to me - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. (This area for official notary seal.) Title or Type of Document Grant Deed of Water Line Easement Date of Document 11/21/97 No.ofPages 5 wl attachments Signer(s) other than named above Anrhnnv Rarleauw CMWD 97-260 06/14/95 Rev. ,. . /. - CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed of easement, dated November 21 , 19%, from KREG-OC. L.P.. a California limited DartnershiD to the Carlsbad Municipal Water District, Carlsbad, California, pursuant to the Municipal Water District Act of 1911, as amended, is hereby accepted by the undersigned officer or agent on behalf of the Carlsbad Municipal Water District, Carlsbad, California, pursuant to authority conferred by Resolution No. 996 of the Carlsbad Municipal Water District adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. CMWD kl. k ALETHA L. RAUTENKRANZ, Secretary 11/03/97 Rev. RECORDING REQUESTED BY KREG-OC, L.P., a California limited partnership AND WHEN RECORDED, PLEASE MAIL TO Carlsbad Municipal Water District 5950 El Camino Real Carlsbad. California 92008 Please record the document at no fee as it is to the benefit of the District (Gov. Code [6103].) DOC sf 1998-0084125 FEB 19. 1998 8-24 AM FEES: 0.00 Space above this line for Recorder’s use. ASSESSOR’S PARCEL NO. 211022-19 PROJECT NO. 8 NAME: 97-260. Lot 7, Carlsbad Ranch. Denso-Hawk Proiect. SDP. 97-05 SUBORDINATION AGREEMENT (TRUST DEED HOLDERS) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING WHICH YOUR SECURITY INSTRUMENT ATTACHES AND SUBJECT TO (AN) EASEMENT IN THE REAL PROPERTY TO HAS THE POTENTIAL EFFECT OF REDUCING THE VALUE OF YOUR SECURITY INTEREST. THIS AGREEMENT, made this &%y of hJmdEL , 19pf by KREG-OC. L.P.. a California limited DartnerShiD , owner of the land described and hereinafter referred to as “Owner,” and GUARANTY FEDERAL BANK. F.S.B.. a Federal Savinas Bank, present owner and holder of the deed of trust hereinafter described, hereinafter referred to as “Beneficiary;” WITNESSETH THAT WHEREAS, KREG-OC. L.P.. a California limited DaI‘tnerShiD did execute a deed of trust, dated June 30 , 1997 to FIRST AMERCIAN TITLE INSURANCE COMPANY 10/20/97 Rev. .-, , .. . . as trustee, to secure a note in the sum of Eight Million, Two Hundred FortvSeven Thousand. Five Hundred Dollars [$8,247.500.00) dated June 30.1997 in favor of GUARANTY FEDERAL BANK. F.S.B.. a Federal Savings Bank recorded in the office of the County Recorder of San Diego County on Julv 3.1997 as File No. 1997-0317594 of Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, as grantor, a grant of EASEMENT/EASEMENTS dated , in favor of the Carlsbad Municipal Water District as grantee, hereinafter referred to as "Easement Grantee," creating ANnHE EASEMENT/EASEMENTS more particularly described in EXHlBlTlEXHlBlTS "A & "B" attached hereto; and * WHEREAS, Easement Grantee is willing to accept said EASEMENnEASEMENTS provided the grant of EASEMENnEASEMENTS is a charge upon the above described property prior and superior to the lien or charge of the deed of trust above mentioned and provided that beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the lien or charge of the EASEMENT/EASEMENTS created in favor of Easement Grantee; and WHEREAS, it is to the mutual benefit of the parties hereto that Easement Grantee accept said EASEMENT/EASEMENTS and Beneficiary is willing that the grant of EASEMENT/EASEMENTS shall, when recorded, constitute a charge upon said 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, 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 EASEMENnEASEMENTS in favor of Easement Grantee shall unconditionally be and remain at all times a charge on the property therein described, prior and superior to the lien or charge of the deed of trust above mentioned. 2. That Easement Grantee would not accept said EASEMENTlEASEMENTS above described without this subordination agreement. 3. That this agreement shall be the whole and only agreement with regard to the subordination of the 2 10/20/97 Rev. lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deed of trust and EASEMENTIEASEMENTS hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust above mentioned, which provide for the subordination of the lien or charge thereof to another interest in the real property therein described. BENEFICIARY declares, agrees and acknowledges that: 1. I (We) consent to and approve the grant of EASEMENTIEASEMENTS in favor of the Easement Grantee. 2. I (We) intentionally and unconditionally subordinate the lien or charge of the deed of trust above mentioned to the EASEMENTIEASEMENTS in favor of Easement Grantee above referred to and understands that in reliance upon, and in consideration of, this subordination of the grant of EASEMENTIEASEMENTS is being executed and delivered, the EASEMENTIEASEMENTS WARE being created, and that specific monetary and other obligations are being and will be entered into by the Easement Grantee, other lenders and title insurance companies which would not be made or entered into but for said reliance upon the subordination; and Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 3 10120/97 Rev. 3. This agreement represents an endorsement to 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 EASEMENnEASEMENTS in favor of Easement Grantee above referred to: * Executed this \3' day of 1anJrrr-f 19x. BENEFICIARY: GUARANTY FEDERAL BAplK, F.S.B., a Federal savin- By: (aut rized signature) I (name) Its: A (title) r By: (ahthori d signature) i ?? (name) I Its: v, CL (title) Executed this ' day of */. 193!,L. OWNER: KREG-OC, L.P., a California limited partnership By: && mfea Al$- (authorized signature) (name) Its: (title) By: (authorized signature) (name) Its: (title) (Proper notarial acknowledgement of execution of OWNER and BENEFICIARY must be attached.) 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 OR 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. NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR AlTORNEYS WITH RESPECT THERETO. Approved as to form: RONALD R. BALL, General Counsel By: CMWD 97-260 10/20/97 Rev. 4 KREG-OC, L.P., a California Limited Partnership By: KREG OPERATING CO., a Delaware corporation, its Managing General Partner By: By: Anthony C. Badeaux Its: Vice President Its: Secretary 1781 , AUGUST 5, 1997 J.N. : 97-1019 EXHIBIT "A" CMWD 97-260 WATER EASEMENT AT LOT 7 OF MAP NO. 13357 PARCEL 'A" ALL THAT PORTION OF LOT 7 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE WESTERLY LINE OF SAID LOT 7, SOUTH 22'29'12" EAST, 25.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID "_ WESTERLY LINE, NORTH 67'30'48'' EAST, 27.00 FEET; THENCE SOUTH 22O29'12" EAST, 11.70 FEET; THENCE SOUTH 67'29'12'' EAST, 25.88 FEET; THENCE NORTH 67"30'48" EAST, 202.70 FEET; THENCE NORTH 22O29'12" WEST, 30.00 FEET; THENCE NORTH 67'30'48'' EAST, 20.00 FEET; THENCE SOUTH 22'29'12" EAST, 30.00 FEET; THENCE NORTH 67'30'48'' EAST, 158 .OO FEET; THENCE SOUTH 22'29'12'' EAST, 20.00 FEET; THENCE SOUTH 67O30'48" WEST, 69.19 FEET; THENCE SOUTH 22O29'12" EAST, 14.74 FEET; THENCE SOUTH 67'30'48" WEST, 20.00 FEET; THENCE NORTH 22O29'12" WEST, 14.74 FEET; THENCE SOUTH 67'30'48'' WEST, 302.26 FEET; THENCE SOUTH 22'29'12'' EAST, 19.00 FEET; THENCE SOUTH 67'30'48'' WEST, 20.00 FEET; THENCE NORTH 22O29'12" WEST, 19.00 FEET; THENCE SOUTH 67'30'48'' WEST, 14.55 FEET; THENCE NORTH 22'29'12" WEST, 50.00 FEET TO THE " TRUE POINT - OF BEGINNING. AREA = 10,772 SQUARE FEET PAGE 1 OF 2 CMWD .. .. PARCEL 'B" 1782 ALL THAT PORTION OF LOT 7 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 7; THENCE ALONG THE EASTERLY LINE OF SAID LOT 7, NORTH 22'29'12'' WEST, 70.40 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 67O30'48" WEST, 8.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 22O30'48" WEST, 51.47 FEET; THENCE SOUTH 67O30'48" WEST, 110.06 FEET; THENCE NORTH 22'29'12'' WEST, 35.00 FEET; THENCE NORTH 67'30'48'' FAST, 20.00 FEET; THENCE SOUTH 22'29'12'' EAST, 15.00 FEET; THENCE NORTH 67'30'48'' EAST, 81.77 FEET; THENCE NORTH 22"30'48" EAST, 57.80 FEET; THENCE NORTH 67"30'48" EAST, 3.81 FEET; THENCE SOUTH 22'29'12" EAST, 24.47 FEET TO THE -~ TRUE POINT "- - OF BEGINNING. AREA = 3,558 SQUARE FEET PAGE 2 OF 2 CMWD . :-. :.: :.: . ,. .. . .e. 8" ... t-. ::: ,-. .-. .-, .:. ". .. ... .5: ." -5- I DATA TABLE-PARCEL B I S 6TW48' W I N 2229'12" W - 110.06' 35.00' - LEAL DESCRIP77ON: mWLOT7WIUPNy). 1-7 EXHIBIT B WATER EASEMENT SHT. 2 OF 2 SHTS. ?EOUESTE BY: ,REG-OC. Lk. 275 EXECUTNE SOUARE h JOUA. CA 92037 R.C.L 272u EXP. 3/31/01 PREPARED By: PATRlCK N. O'MY A.P.N. 211-022-18 urn 240 C.M.W.D. 97-260 w ?l+J DATE 6-23-97 mamWnOlnYTnm #-Zl-W Yld9 P CII STATE OF CALIFORNIA 1 personally appeared NAME@) OF SIGNER@) - OR - ” proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir 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. (This area for official notary seal.) Title or Type of Document So buycLL.M a-2~~ AswcmVtS Date of Document //hS h ’iL NO. of Pages 9 Signer(s) other than named above Cb /I-< &bdt’ CMWD 97-260 06/14/95 Rev. STATE OF CALIFORNIA 1 COUNTY OF mGE lss. On 12/1/97 before me, DeNaya Smith DATE NAME AND TITLE OF OFFICER personally appeared Christine Rush NAME(S) OF SIGNER@) personally known to me - OR - '' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacily(ies). and that by hisher/their signature(s) 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. (This area for official notary seal.) Title or Type of Document Subordination Agreement I Date of Document No. of Pages Siner(s) other than named above CMWD 97-260 06/14/95 Rev. , I787 State of Texas County of Dallas This instrument was acknowledged before me on January 13,1998 by Robe! Stone, Senior Vice President, of Guaranty Federal Bank, on behalf of said corporation. NOTARWBLIC State of Texas 9 R. County of Dallas This instrument was acknowledged before me on January 13, 1998 by Robert J. Garcia, Vice President, of Guaranty NOTARY Notary PuMic, State of Texas MY Commlsslm Expires JANUARY 31 2ooo