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HomeMy WebLinkAbout; Kern, Lawrence Andrew & Madelein Carol; 2020-0651244; Subordination AgreementI • RECORDfNG REQ{lESTEO BY: $tewart Title of California, Inc. DOC# 2020-0651244 . 111111111111 lllll 1111111111111111111111111111111111111111 1111111111111 Oct 23, 2020 11 :46 AM OFFICIAL RECORDS Ernest J . .Oronenburg, Jr., · AND WHEN RECORDED MAILTQ: SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 C~r1st,Jad Housing Servii;;es Department Attn: HQ\Jslng S!;Jrvlces Olrector 1200 Ccjrls~ad Villag~ Orlve Car1s!)a~. CA 92008 S1,.JBORINATION AGREEMENT {Please fill in docvment title(s) on this line) l q Exempt from fee per GC27388.1 due to being recorded In connection with concurrent transfer that Is subject to the Imposition of documentary transfer tax, or, 2 q Exempt from fee per GC27388.l due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on ________ (date•) as document number ____________ of Official Records, or, 3 □ ~xernpt from fee per GC27388.l due to the maximum fees being paid on documents In this transaction, or: 4 CJ Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transactlon(s) recorded previously on __________ (date•) as document number(s) 5 6 7 8 9 IZJ [J 0 □ □ ________________________ of Official Records, or, ~xempt from fee per GC27388.1, document transfers real property that is a residential dwelling to an owner-occupier, or, document Is recorded in connection with concurrent transfer that Is a residential dwelling to an owner-occupier, or, Exempt from fee per GC27388.1 due to it being recorded In connection with a transfer of real property that is a residential dwelling to an ow;,er-occupler. The recorded document tra,,sferring the dwelling to the owner-occupier was recorded on __________ (date•) as doc~ment number(s) Exempt from fee per GC27388.1 due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, mvniclpalityor other political subdivision of the state, or, Exempt from the fee per GC 27388.1 (a) (1); Not related to real property, or, Exempt from fee under GC27388.1 for the following reasons: TH IS PAGE ADDED TO P ROVI OE SENATE Blll.2 EXEMPIDN INFORMAlX)N (Additional recording fee applies) Rev 5/18 •rhe Prior Recording Reference must have been recorded within the last 60 days and Is subject to review RECORDING REQUESTED BY: Stewart Title of California, Inc. AND WHEN RECORDED MAIL TO: Carlsbad Housing Services Department Attn: Housing Services Director 1200 Carlsbad Village Drive Carlsbad, CA 92008 SUBORINATION AGREEMENT (Please fill in document title(s) on this line) 1 D Exempt from fee per GC27388.l due to being recorded in connection with concurrent transfer that is subject to the imposition of documentary transfer tax, or, 2 D Exempt from fee per GC27388.1 due to being recorded in connection with a transfer that was subject to documentary transfer tax which was paid on document recorded previously on _______ (date•) as document number ____________ of Official Records, or, 3 D Exempt from fee per GC27388.l due to the maximum fees being paid on documents in this transaction, or, 4 D Exempt from fee per GC27388.1 due to the maximum fees having been paid on documents in the transaction(s) recorded previously on __________ (date*) as document number(s) ________________________ of Official Records, or, 5 Ill Exempt from fee per GC27388.l, document transfers real property that is a residential dwelling to an owner-occupier, or, document is recorded in connection with concurrent transfer that is a residential dwelling to an owner-occupier, or, 6 0 Exempt from fee per GC27388.l due to it being recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. The recorded document transferring the dwelling to the owner-occupier was recorded on __________ (date*) as document number(s) 7 O Exempt from fee per GC27388.l due to being executed or recorded by the federal government in accordance with the Uniform Federal Lien Registration Act, by the state, or any county, municipality or other political subdivision of the state, or, 8 D Exempt from the fee per GC 27388.1 (a) {l); Not related to real property, or, 9 D Exempt from fee under GC27388.l for the following reasons: Rev 5/18 THIS PAGE ADDED TO PROVIDE SENATE BILL2 EXEMPOON INFORMATION (Additional recording fee applies) *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review ' RECORDING REQUESTED BY STEWART TITLE OF CALIFORNIA, INC. RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: Carlsbad Housing Services Department Attn: Housing Services Director I 200 Carlsbad Vi II age Drive Carlsbad, California 92008 (Space above for Recorder's Use) SUBORDINATION AGREEMENT (REFINANCE) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this /4'~ay of t)c-rz:,EGR.. , 2020, by LAWRENCE ANDREW KERN AND MADELEIN CAROL KERN ("Owner"), owner of the land hereinafter described, and the City of Carlsbad, a municipal corporation ("Beneficiary"), present owner and holder of the deed of trust and promissory note first hereinafter described. WITNESSETH THAT WHEREAS, Owner did execute a deed of trust, dated JANUARY 13, 1999 to CHICAGO TITLE COMPANY, as trustee, covering: Complete legal description as more particularly described in "Exhibit A" attached hereto and made a part hereof. To secure a note in the sum of TWENTY THOUSAND DOLLARS ($20,000), dated JANUARY 13, 1999, in favor of Beneficiary, which deed of trust was recorded on JANUARY 19, 1999 as Document No. 1999-0029 l 99 of Official Records of San Diego County; and WHEREAS, Owner desires to refinance the property and has executed, or is about to execute, a new deed of trust and note in the sum of THREE HUNDRED EIGHTY THOUSAND DOLLARS ($380,000) dated October 5, 2020 in favor of UNITED WHOLESALE MORTGAGE, hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WH EREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned sha ll unconditionally be a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and CA 3/6/20 14 WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, Beneficiary is willing to subordinate to said loan provided that Lender shall deliver to Benefic iary a default notice within fi ve business days in each case w here Lender has given a default notice to Owner at the following address: Carlsbad Housing Services Department Attn: Housing Services Director 1200 Carlsbad Village Drive Carlsbad, California 92008 with a copy to: Carlsbad City Attorney C ity of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Benefi ciary shall have the opportunity, but not the obligation, to cure any default within 60 days following the date of such notice; provided, however that Lender shall be entitled, during such 60- day period, to continue to pursue its rights and remedies under the loan documents. All amounts paid by Benefi ciary to Lender to cure any default under the Lender loan documents shall be added to the amount of the Beneficiary loan and shall be secured by the lien of the Beneficiary. WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Benefi ciary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land whi ch is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, T HEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of whi ch consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (I) That said deed of trust securing said note in favor of Lender sha ll unconditionally be a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That Benefi ciary shall have the rig ht to a Notice of Default, within five business days in each case where Lender has given a default notice to Owner and Beneficiary shall have 2 CA 3/6/2014 the opportunity, but not the obligation, to cure any default within 60 days following the date of such notice. · (4) That Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge if the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination a specific loan and/or advances are being made which would not be made but for said reliance upon this waiver, relinquishment and subordination . OWNER(S) By: x~ 4~ Name: LA WREN CE A. KERN A,'lt-A-Le.. \;I~ ~ Dated: /t://7/ ~? 7., I I By: _...!,.{~---+-/-'7c..../L.=_2..:....::c,~z.:....::o:;:__ _____ _ Name: MADELEIN C. KERN '1r~A kA U:: k, ~ !Gun Dated:~ o\ o;cv::-,, C.. K..sv:\.n, . CITY~~1tS~A, . l, By: ~ \ u....-- Geoff Patnoe, Assistant C ity Manager Dated: \.::, l t l. { ~ (PROPER NOTARIAL ACKNOWLEDGEMENT OF EXECUTION IS REQUIRED. IT IS RECOMMENDED THAT PRJOR TO THE EXECUTION OF THIS SUBORDIN ATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WlTH RESPECT THERETO.) APPROVED AS TO FORM Dated: _f_0 -+--,(,1---+( c;:-+(......._d--""""-U __ 3 CA 3/6/2014 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On Oc.-±. \ 9 , c?,(;f),D before me, Morgen Fry, Notary Public (insert name and title of the officer) personally appeared (7e___o££. £/l..:tnDf, who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/ai:e subscribed to the within instrument and acknowledged to me that hetel'le~I ,eyexecuted the same in hisiheFAl::uiir authorized capacity(ia8t, and that by his/hef/their signature~ on the instrument the personpr,, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature\.~~ (Seal) ~------······~ ,~ MOIIGEN F~Y : :s .... -~. Notilry Publlc • Cilifernli z ~ ! . · = Sin Diego County ~ z "\. . ·· • ~ Commission II 2268605 - c,,,, •' My Comm. Expire,; Dec H , 2022 DESCRIPTION THAT PORTION OF TRACT 247 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE EASTERLY PROLONGATION OF THE CENTER LINE OF TAMARACK AVENUE, WITH THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET; THENCE NORTH 28 DEGREES 39' WEST, ALONG THE CENTER LINE OF HIGHLAND DRIVE, FORMERLY HIGHLAND STREET, A DISTANCE OF 261.40 FEET, TO THE MOST WESTERLY CORNER OF THE LAND CONVEYED TO HENRY J. BETZMER, ET TJX, BY DEED RECORDED JULY 1, 1949 AT BOOK 3244, PAGE 199 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 28 DEGREES 39' WEST, ALONG SAID CENTER LINE, 107.40 FEET, TO THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO CARL GOGLIN, ET UX, BY DEED RECORDED JANUARY 16, 1950 IN BOOK 3455, PAGE 103 OF OFFICIAL RECORDS; THENCE NORTH 61 DEGREES 21' EAST, ALONG THE NORTHWESTERLY LINE OF SAID GOGLIN'S LAND AND THE NORTHEASTERLY PROLONGATION THEREOF; 405.59 FEET; THENCE SOUTH 28 DEGREES 39' EAST, PARALLEL WITH SAID CENTER LINE OF HIGHLAND DRIVE, A DISTANCE OF 107.40 FEET, TO THE INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF BETZMER'S LAND ABOVE MENTIONED; THENCE SOUTH 61 DEGREES 21' WEST, ALONG SAID PROLONGATION AND ALONG SAID NORTHWESTERLY LINE, 405.59 FEET TO THE TRUE POINT OF BEGINNING. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTYOF ~~ On IO /7 f 2,o 1o before me , __ '(_m_e_~_..._. ----'>__,J'---~--"""""Kim--=---=' '-"-'-__ Notary Public, (here insert name and title of the officer) personally appeared _ __.,_{ _ _.Q»J"""""'"=-=-..... (-e,=~----,,,"------'-'-~--'-':..:...{--=-ll~____,,Q.=·=oJ---"-~------ maJ ~~ fun who proved to me on the basis of satisfactory evidence to be the person~hose name@ i~ subscribed the within instrume~nd acknowledged to ~at he/sh0~executed the same in his/her/ 1ei authorized capacity~ and that by his/her/~ignatur~n the instrument the perso s or the entity upon behalf of which the persorf§Yacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: a a e EMESE J. SAFFIAN I COMM. #2214769 NOTARY PUBLIC-CALIFORNIA £? SAN DIEGO COUNTY g My Commission Expires 1 SEPTEMBER 18, 2021 _ @uo tfa/lr L (seo11 __________ OPTIONAL _________ _ Desniption of Attached Document J• Title or Type of Document: ~( I. Number of Pagi>s: ::3 Document Date: l of ,I Q-0?0 Other: _________________ _ ~