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2013-364160
D 0 C # 2013-0364160 111111111111111111111111111111111111111111111111111111111 IN After Recording Return to: JUN 10, 2013 4:43 PM C11V nF-1I I rnTIT S RF; ING REQUESTED BY cn��.,r T r-rrivoz-R OFFICIAL RECORDS JVJ�PO SAN DIEGO COUNTY RECORDER'S OFFICE ' File No. 01-12186761-04C USTOIoba! Ernest J. DronenbWg,Jr.,COUNTY RECORDER 3as 5 01 or R ,d E F 932 33.00 PAGES: 7 Tax ID No.: 257-090-43-01 3ufte 201 Bulldln47 Moon Towrwhlp,PA 16108 o RT 1111111111 IN IN SUBORDINATION AGREEMENT Y TITLE ORDER NO. 01-12186761-04C ESCROW NO. APN NO. 257-090-43-01 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 f/p,(�/ r :-2— i/' %� by BENJAMIN MANJARREZ AND MARIA MANJARREZ owner(s)of the land hereinafter described and hereinafter referred to as "Owner;"and CITY OF ENCINITAS present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as"Beneficiary;" WITNESSETH THAT WHEREAS, BENJAMIN MANJARREZ,MARIA LUISA MANJARREZ AND VELIA MANJARREZ did execute a deed of trust,dated 11/06/1997,covering: SEE ATTACHED EXHIBIT A to secure a note in the sum of$6,190.00, in favor of HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO which deed of trust was recorded in DOCUMENT NO. 1997-0595992,on 11/25/1997,Official Records of said county;and was assigned to CITY OF ENCINITAS by an assignment dated 05/06/2010, recorded 05/26/2010 under Document No. 2010-0263494 WHEREAS,Owner(s) s/hav executed, or is about to execute, a deed of trust and note in the sum of $87,300.00 dated in favor of BANK OF AMERICA,N.A.,hereinafter referred to as "Lender,"payabld with ifiterest and upon the toMs apd co dit' ns described therein,which deed of trust is to be recorded concurrently herewith;and r,*(,0 d e_0j �5�3�/ WHEREAS,it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times 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 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 of charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and 10933 APN: 257-090-43-01 WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner;and Beneficiary is willing that the deed of trust securing the same shall,when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first 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 Lender to make the loan above referred to, it is hereby declared,understood and agreed as follows: (1)That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described,prior and superior to the lien or charge of the deed of trust above mentioned. (2)That Lender would not make its loan above described without this subordination agreement. (3)That this agreement shall be the whole and only agreement with regard to the subordination of 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 above referred to and shall supersede and cancel,but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including,but not limited,those provisions, in any,contained in the deed of trust first above mentioned,which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares,agrees and acknowledges that: (a)He/She/We/It consents to and approves(i)all provisions of the note and deed of trust in favor of Lender above referred to, and(ii)all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of the loan of the Lender: (b)Lender in making disbursements pursuant to any such agreement is under no obligation or duty to,nor has Lender represented that it will,see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or sue of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c)She/He/We/It intentionally and unconditionally waives,relinquishes and subordinates the lien or charge of 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,specific loans and advances are being and will be made and,as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver,relinquishment and subordination;and (d)An endorsement has been placed upon the note secured by the deed of trust first above-mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. 17934 APN: 257-090-43-01 NOTICE:THIS SUBORDINATION AGREEMENT CONTAINS 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. IT IS RECOMMENDED THAT,PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. BENEFICIARY: CITY OF ENCINITAS BY b , NAM Gus Vi a TITLE: City Manager STATE OF CALIFORNIA COUNTY OF On ,before me ,a Notary Public, (insert name and title of the officer)personally appeared ,who proved to me on the basis of satisfactory evidence e the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to met a/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their s' re(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted;�F exec the instrument. I certify under PENAL PERJURY under the laws of the State of California that the foregoing paragraph i�hand correct. WITNES nd offic ial seal. I L GEC (SIGNATURE OF NOTARY) SEAL C= ('` 7C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 10935 County of .S4 1� 6/&4b On Tt 1 , -?L;1/3 before me, 1w4- Date Here Insert Name and Title o the Officer personally appeared 1/i Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheAliey executed the same in his/her/their authorized ti1NA FRANCES ZENNS capacity(ies), and that by his/her,40,eir signature(a) on the Commission#1878445 instrument the person(s), or the entity upon behalf of Notary Pudic-California which the person(-,) acted, executed the instrument. San Oiiago County Cantu. es Jan 29,20114 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. Signatur�- '1Yv? Place Notary Seal Above Signature of Notary Pu c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: i 1Jt Number of Pages: ibL+ Signer(s) Other Than Named Above: �60,)-,71gh)LP.J dl)6 W W_0 tyirw_-T fi k4E y Capacity(ies) Claimed by Signer(s) Signer's Name: (iUs U; Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in Fact NIMM El Trustee ❑Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conserva a Other: , It YY1�A�A6E'JZ" ❑Other: Signer Is Representing: Signer Is presenting: �'� ©2007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402-www.NationalNotary.org Item 45907 Reorder:Call Toll-Free 1-800-876-6827 R(s,. 10936 AENJAMTNa4ANJAREZ ✓�l,�—y2� ceris- MARIA MANJAZ STATE OF CALIFOKNIA COUNTY OF On ,e, j4 » before me ��f7Gl /C�,�C,,?;trttza Notary Public, (insert name and titid off t�ficer)personally appeare d .tl.�73e2/ who proved to me on the basis of satisfactory evidence to bet person(s)whose names)is/are s—ubscribed 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragra h is true and correct. Wl F.S y hand and o kialseal. MI�RIO .„ ALDA- t COMM.#1886330 NOTARYSA II KWICC-CAL RNIA ( A F NOT Y SEAL ' dt' COUNTY :6 MY COMM.EXPIRES APRIL 18,2014~ STATE OF CALIFORNIA COUNTY OF -5Ae4y On ,�' � '! '� before me �W a Notary P�bl' (insert name and title of t ie officer)personally appeared ,11 :TTfoe who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wl t S y hand and off - Xse . CC� ( ATURE OF NO A ) SEAL Ma coM#18�863A30 NOrARY IC CALIfORNU COl1NTY MY COMM.EXPIRES APRIL 18,2014` CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 19937 State of California County of ! ' On��12A,-1 �5, before me, . e2t fc� (Here insert name and title of the officer) personally appearedf��{,!'tt who 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, -,tom NIARIO ALDANA '°=;� COMM.#1886330 li WITH S my hand an Icial s 3 NOTARYKKIC-UWFORNU SAN OIEMM COUNTY �+ iJ MY COMM.EXPIRES APRIL 18,2014 (Notary Sig atureofNotary Public E i i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must he properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, anv alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notail-in California (i.e. certifying the authorized capacity of the signer). Please check the j (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date i g signer(s)personally appeared before the notary public for acknowledgment. j • Date of notarization must be the date that the signer(s)personally appeared which t must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of 'I notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms ti El IndiVldUal(S) he/she/dsey-is/are)or circling the correct forms.Failure to correcth indicate this information may lead to rejection of document recording. I ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible jImpression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El PaCtneC(S) • Signature of the notary public must match the signature on file with the oft-ice of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary) • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 1� g38 EXHIBIT A LEGAL DESCRIPTION SITUATED IN THE COUNTY OF SAN DIEGO,AND THE STATE OF CALIFORNIA; PARCEL ]: AN UNDIVIDED 1/2 INTEREST IN AND TO LOTS 131 OF PACIFIC SERENA UNIT NO. 3, IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO THE MAP THEREOF NO. 6599,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM ANY AND ALL RIGHTS TO OCCUPY AND USE SAID LAND. PARCEL 2: THE EXCLUSIVE.RIGHT TO OCCUPANCY AND USE IN AND TO THE NORTHERLY 44.71 FOOT OF LOT 131 OF PACIFIC SERENA UNIT NO. 3,ACCORDING TO MAP THEREOF NO. 6599,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. TAX ID NO: 257-090-43-01 PROPERTY COMMONLY KNOWN AS:240 DELPHINIUM STREET,ENCINITAS,CA 92024