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Home My WebLink AboutDeeds & Easements-12-2006E_CCv0001.pdf Recorded in Official Records, County of San Bernardino 6/08/2006 LARRY WALKER 1:00 PM COMMONWEALTH IC3NWcALTH L iVD ►I s LE CO, -- s U SAN BERNARDINO � *°� Auditor/Controller — Recorder RECORDING REQUESTED BY: 604 Commonwealth Title COMMUNITY DEVELOPMENT Doc#: 2006-0392581 Titles: 1 Pages: 5 DEPARTMENT Fees 2e.e0 CITY OF REDLANDS Tares 0.00 Other 0.00 WHEN RECORDED, RETURN TO: PF;ID $20.00 CITY CLERK'S OFFICE CITY OF REDLANDS P. O. BOX 3005 REDLANDS CA 92373 'Z12 (THIS SPACE FOR RECORDER'S USE ONLY) SUBORDINATION AGREEMENT 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 28 day of April , 2006, by Tony Louka (also known as Tony L. Louka and Tony Louay Louka) and Brenda Evans- Louka, owners of the land hereinafter described and hereinafter referred to as "Owner", and CitiMortage Inc., present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Tony L. Louka and Brenda Evans-Louka did execute a deed of trust, dated April 23, 2003, to CTC Real Estate Services, as trustee, covering: 306 Edgemont Drive, Redlands, CA 92373; Assessor's Parcel No. 0294-161-08 (the "Property") to secure a note in the sum of $ 537,000.00, dated April 23, 2003, in favor of Countrywide Home Loans. Inc. which deed of trust was recorded on April 30, 2003 as Document No. 2003- 0285476, in the Official Records of the County of San Bernardino (the "Deed of Trust"); and WHEREAS, the Deed of Trust was subsequently assigned to CitiMortgage, Inc. and recorded on May 1 , 2003, as Document No. 2003-0288001 in the Official Records of the County of San Bernardino; and WHEREAS, Owner has executed an Easement Deed, dated 1/24/06 in favor of the City of Redlands, hereinafter referred to as the"City,"that affects a portion of the Property, and SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, pursuant to written agreement between Owner and the City, it is a condition precedent to the City accepting the Easement Deed that said Easement Deed above mentioned shall unconditionally be and remain at all times a lien or charge upon the Property, prior and superior to the lien or charge of the Deed of Trust; and WHEREAS, the City is willing to accept the Easement Deed provided the Easement Deed is a lien or charge upon the Property prior and superior to the lien or charge of the Deed of Trust and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust to the Easement Deed in favor of the City; and WHEREAS, it is to be the mutual benefit of the parties hereto that the City accept the Easement Deed; and Beneficiary is willing that the Easement Deed, when recorded, constitute a lien or charge upon the Property which is unconditionally prior and superior to the lien or charge of the Deed of Trust first-, 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 the City to accept the Easement Deed, it is hereby declared, understood and agreed as follows: (1) That the Easement Deed in favor of the City, and any amendments thereof, shall unconditionally be and remain at all times a lien or change on the Property, prior and superior to the lien or charge of the Deed of Trust. (2) That the City would not accept the Easement Deed above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to subordination of the lien or charge of the Deed of Trust to the Easement Deed in favor of the City and shall supersede and cancel, but only insofar as would affect the priority between the Deed of Trust and the Easement Deed, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another security document such as the Easement Deed. Beneficiary declares, agrees and acknowledges that: (a) He consents to and approves(i) all provisions of the Easement Deed in favor of the City, and (ii) all agreements between Owner and the City relating to the Easement Deed; (b) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust in favor of the Easement Deed in favor of the City above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination that the City will undertake certain action relating to -2- EXHIBIT "A„ A PORTION OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 11, SAID CORNER ALSO BEING THE NORTHWESTERLY CORNER OF PARCEL MAP NO. 8226, AS PER PARCEL MAP BOOK 91, PAGES 25 AND 26 RECORDS OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID WEST ONE-HALF, SOUTH 00022'28" EAST 11.51 FEET TO THE TRUE POINT OF BEGINNING, SAID EAST LINE ALSO BEING THE WEST PARCEL BOUNDARY OF SAID PARCEL MAP NO. 8226; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 0002228" EAST 57.41 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL MAP NO. 8226; THENCE ON A LINE PERPENDICULAR TO SAID EAST LINE SOUTH 89037'32" WEST 21.83 FEET TO THE EASTERLY RIGHT-OF-WAY OF EDGE:MONT DRIVE, 50.00 FEET WIDE, AS SHOWN ON AMENDED TRACT NO. 13103, RECORDED IN MAP BOOK 225 PAGES 69 THROUGH 72, RECORDS OF SAN BERNARDINO COUNTY; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 01°19'42" EAST 57.44 FEET; THENCE NORTH 89037'32" EAST 20.12 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 1,204 SQUARE FEET. RSON L. STORER P.L.S. 3913 Wit` CARSON LYNN EXPIRATION DATE: JUNE, 30, 2006 STORER 3913 OF GAIL the Easement Deed which would not be taken but for the City's reliance upon this waiver, relinquishment and Subordination; and (c) An endorsement has been placed upon the note secured by the Deed of Trust that the Deed of Trust has by this instrument been subordinated to the Easement Deed in favor of the City. NOTICE: THIS SUBORDINATION AGREEMENT CONTAIN A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Tony LouCa Beneficiary Brenda Evans-Louka CITIMORTGAGE, INC. BY ANGELA MIA, ASSISTANT SECRETARY (All signatures must be acknowledged) -3- f CERTIFICATE OF ACKNOWLEDGMENT STATE OF q ) ) ss. COUNTY OF Q Q ) On thisday of O�� 2006, before me, C icis ave Notary Public, personally appeared Q V"!a -`I-r� ; cz. , personally known to me (or proved to md"on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Le trMov K"C-CAW=** 1010 CCU* 4 Notary Public - Commission No.: 'C°""" �r"tA1Or1 �1 Commission Expires: CERTIFICATE OF ACKNOWLEDGMENT STATE OF California ) ss. COUNTY OF San Bernardino ) On this lst day of ,lune 2006, before me, Judith Tanner Notary Public, personally appeared Tony Louka and Brenda Evans-Louka icy—kftewrl to,-n,a- (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 to me that #e 4 e/they executed the same in #isomer/their authorized capacity(ies), and that by h4g4ieF/their 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. "" ""' JUDITH TANNER @Corm.# 1639641 Notutr PU"•catVoFJftu N MY Corw.Ev.FEEEE.1�j Notary Public - Commission No.: 1639647 Commission Expires: 2/18/10