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2019-616509 DOC# 2019-0616509 RECORDING REQUESTED BY: IIII 111111111111111111111111111111 HE 111111111111111111111111 IN First American Title - Dec 31, 2019 02:34 PM Homebuilder Services Division OFFICIAL RECORDS Ernest J. Dronenburg,Jr., SAN DIEGO COUNTY RECORDER AND WIEN RECORDED FEES: $50.00 (SB2 Atkins: $0.00) MAIL TO: PAGES: 13 City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 l Subordination Agreement (Please fill in documenttitle(s)on this line) 1 m 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 ❑ 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 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction,or, 4 ❑ 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 ❑ Exempt 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, 6 ❑ 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 owner-occupier.The recorded document transferring the dwelling to the owner-occupier was recorded on (date*)as document number(s) 7 ❑ 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, municipalityor other political subdivision of the state,or, 8 ❑ Exempt from the fee per GC 27388.1(a)(1);Not related to real property,or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: THIS PAGEADDEDTO PROVIDE SENATE BILL2DXEMPTIONINFORMATION (Additional recordingfeeapplies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review RECORDING REQUESTED BY: First American Title - Homebuilder Services Division AND WHEN RECORDED MAIL TO: City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 Subordination Agreement (Please fill in document title(s)on this line) 1 m 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 ❑ 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 ❑ Exempt from fee per GC27388.1 due to the maximum fees being paid on documents in this transaction,or, 4 ❑ 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 ❑ Exempt 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, 6 ❑ 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 owner-occupier.The recorded document transferring the dwelling to the owner-occupier was recorded on (date*)as document number(s) 7 ❑ 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, municipality or other political subdivision of the state,or, 8 ❑ Exempt from the fee per GC 27388.1(a)(1); Not related to real property,or, 9 ❑ Exempt from fee under GC27388.1 for the following reasons: THIS PAG E A DD E D TO PROVIDE SENATE BILL2 EXEMPTION INFORMATION (Additional recording fee applies) Rev 5/18 *The Prior Recording Reference must have been recorded within the last 60 days and is subject to review Recording Requested By: First American Title Company Homebuilder Services Division NO FEE FOR RECORDING PURSUANT TO GOV. CODE SECTION 27383 Recording Requested By: City of Encinitas Development Services Department 505 S. Vulcan Avenue Encinitas, CA 92024 And When Recorded Mail To: City of Encinitas City Clerk's Office 505 S. Vulcan Avenue Encinitas, CA 92024 APN: 256-123-06-00 (SPACE ABOVE LINE 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 SUBORDINATION AGREEMENT (this "Agreement') made this day of Dtc , 20_�% by and among (i) the CITY OF ENCINITAS ("City'), (ii) ELIAHU EILFORT AND CHAYA EILFORT, HUSBAND AND WIFE AS COMMUNITY PROPERTY ("Borrower"), and (iii) BEMORTGAGE, DIVISION OF CROSSCOUNTRY MORTGAGE, INC. ("Lender"). Hereafter, City, Borrower and Lender are sometimes referred to as a "Party" and collectively as the "Parties". RECITALS A. Borrower is the owner of certain real property located in the City of Encinitas, County of San Diego, State of California (the "Property'), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. B. The rights of Borrower in the Property are subject to, among other matters, that certain Deed of Trust, dated as of �.a��ap��, executed by Borrower in favor of City, and recorded on ** in the official,records of San Diego County, California (the "Official Records") as Instrument No. (the **concurrently herewith Pagel "Affordability Deed of Trust"). The Affordability Deed of Trust secures, among other obligations, the obligations of Borrower under that certain Promissory Note executed in initial principal amount of One Million Fifty-Seven Thousand Fifty- Three Dollars and Seven Cents ($1,057,053.07) (the "Note"), together with performance of all terms, covenants and conditions to be performed by Borrower under a Second Amended and Restated Affordable Housing Regulatory Agreement dated and recorded ** in the Official Records as ocument Number (as amended, the "Regulatory Agreement' and, together with the Note, the "Other Affordability Documents"). **concurrently herewith C. Lender intends to make a loan (the "Loan") to Borrower, which Loan will be evidenced by a Promissory Note (the "Note") executed by Borrower in favor of Lender, and secured by, among other things, (i) a Deed of Trust (the "Lender Deed of Trust"), executed by Borrower in favor of Lender and recorded in the Official Records, (ii) an Assignment of Rents (the "Lender Assignment of Rents"), executed by Borrower in favor of Lender and recorded in the Official Records and (iii) a UCC Financing Statement recorded in the Official Records (the "Lender Fixture Filing" and, together with the Lender Deed of Trust and the Lender Assignment of Rents, the "Lender Security Documents"). The Note, the Lender Security Documents, and any and all other documents, agreements and instruments now or hereafter evidencing, securing or delivered to Lender in connection with the Loan, are hereinafter referred to as the "Loan Documents". D. City, Borrower and Lender all agree and desire to execute this Agreement to, among other things, (i) document City's consent to the making of the Loan to Borrower by Lender and the encumbrance of the Property with the Lender Security Documents and (ii) memorialize their understanding and agreement with regard to the respective priorities of each of the above-referenced documents. It is the intention of the parties that the Lender Security Documents shall unconditionally be and remain at all times liens, claims or charges on the Property prior and superior to the Affordability Deed of Trust. NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and for the mutual covenants contained herein, the Parties hereby agree as follows: 1. Agreement to Subordinate. Subject to the terms of this Agreement, City and Borrower agree to unconditionally subject and subordinate the lien, claim and charge of the Affordability Deed of Trust, and all present and future indebtedness and obligations secured thereby, in favor of the liens, claims and charges upon the Property of the Lender Security Documents. The Lender Security Documents will be and remain at all times liens, claims or charges on the Property prior and superior to the Affordability Deed of Trust, and to all rights and privileges of City and Borrower thereunder. The Parties hereby acknowledge that this Agreement only subordinates the Affordability Deed of Trust and does not subordinate the City's Regulatory Agreement. Page 2 2. Consent to Loan. City hereby consents to the making of the Loan to Borrower by Lender and to the encumbrance of the Property with the Lender Security Documents. City hereby further consents to any transfer of the Property, or any interest or rights therein, in connection with Lender's exercise of any of its rights and remedies under the Loan Documents, including, without limitation, the sale of the Property pursuant to a judicial or non-judicial foreclosure, the transfer of the Property by deed in lieu thereof, the appointment of a receiver to operate and manage the Property, and the appointment of a professional management company to operate and manage the Property from and after the date upon which Lender or any affiliate of Lender, or any of their respective successors and assigns as holders of the Note, acquires title to the Property through foreclosure or deed in lieu thereof. i 3. Notices. City and Borrower agree to give Lender copies of all notices of default under the Affordability Deed of Trust and Other Affordability Documents. All notices under this Agreement shall be in writing and shall be delivered to the appropriate party at the address set forth below (subject to change from time to time by written notice to all other parties to this Agreement). All notices, demands or other communications shall be considered as properly given upon receipt or rejection. Notices shall be delivered personally, by certified mail United States Postal Service mail, postage prepaid return receipt requested, or by Overnight Express Mail or by overnight commercial courier service, charges prepaid with proof of delivery. For purposes of notice, the address off the Parties shall be as follows: If to Borrower: asJ LA -k cha k 6%A lc-� t!i 104 a� Attention: JI a K.# ' If to Lender: o " L K 0 Attention: it If to City: City of Encinitas 505 S. Vulcan Avenue Encinitas, California 92024 Attention: Development Services Director 3. Entire Agreement. This Agreement shall be the entire agreement with regard to the priority of the liens, claims and charges of the Lender Security Documents and the Affordability Deed of Trust and shall supersede and cancel any prior agreements as to such priority. 4. Governing Law. This Agreement will be governed by, and construed and enforced in accordance with, the laws of the State of California. Page 3 5. Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the Parties hereto and their respective heirs, legal representative, successors, and assigns. 6. Counterparts. This Agreement may be signed in multiple counterparts with the same effect as if all signatories had executed the same instrument. [signatures to follow] Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. "CITY" CITY OF ENCINITAS r By: Name: Mork- Its: i Signature Page I of 3 to Subordination Agreement 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 00 I F n l q )SS COUNTY OF 60i l PCelo ) On P�Cnnl-X4- �-7.?1 Ell before me, Notary Public, personally appeared 1v-) who proved to me on the basis of satisfactory evidence to be the person whose name,W is/afe subscribed to the within instrument and acknowledged to me that he/ they executed the same in his/ha4th&authorized capacity(les), and that by his/herftiieir signatureWon the instrument the persorl(<or the entity upon behalf of which the personCs�racted, 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, LORI C.CARPENTER Notary Public-California Z c,a San Diego County > Signature Commission s 2212086 My Comm.Expires Sep 21,2021 Thls area for official notarial seal i Mail Tax Statements To: SAME AS ABOVE or Address Shown Below "BORROWER" Z olk Eliahu Eilfort Chaya Eilfort Signature Page 2 of 3 to Subordination Agreement 1 . I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 )SS COUNTY OF ,� On �q.w 19 before me, l ki ja 14_e, ,5p 16 r� , Notary Public, personally appeared F-1(4 E; fora_ and Chu V- Ei h�'V4- 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. WITNESS my hand and official seal. DENELDA LEE SPIRITO Signaturej� �� 5 _ COMM. 2279897 Q NOTARVPUBUC•CAUFORNUI 0 SAN DIEGO COUNTY Comm.Exp. APRIL 4,2023 This area for official notarial seal. OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. ❑ INDIVIDUAL 0 CORPORATE OFFICERS) TITLE(S) F-1 PARTNER(S) F—] LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by First American Title Company 11/2007 "LENDER" Bc D C D\jKo,\ o� kdi� By: Name: I<ZVIAI LExy r�DE/� Its: rV e G j?.1,r 9L MA/!,kf?s Signature Page 3 of 3 to Subordination Agreement A notary pubfic or other officer completing this certificate verHiee 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 douxrnert. SC STATE OF •fin ) COUNTY OF On .27 4-',,Dec,emti". 2014 , before me, Sosa� L -be 1 toad , a Notary Public, personally appeared Ko-vi vi A 1z,c&gd cr , 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. PIQ0 I certify under PENALTY OF PERJURY under the laws of the State ofCaV rbMM'that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r.:� ��.• SUSAN L. CLELLAND Notary Public � *_ Notary Public, State of Ohio My commission Expires 1,6-2623 .............d Exhibit "A" Legal Description Real property in the City of Encinitas, County of San Diego, State of California, described as follows: PARCEL 1: LOT 6 OF CITY OF ENCINITAS TM 15-064, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16267, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 2018 ("MAP'S; RESERVING THEREFROM, ALL EASEMENTS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS OF ALCOVE RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON AUGUST 13, 2019 AS DOCUMENT NO. 2019-0340504, AND ANY AMENDMENT AND SUPPLEMENTS THERETO (COLLECTIVELY, THE"DECLARATION',THE MAP AND ALL OTHER EASEMENTS OF RECORD AS OF THE DATE HEREOF INCLUDING WITHOUT LIMITATION, A NON-EXCLUSIVE EASEMENT IN FAVOR OF THE ASSOCIATION IN, TO, OVER, UNDER AND ACROSS THAT PORTION OF THE ABOVE REFERENCED LOT DESIGNATED IN THE DECLARATION AS AN ASSOCIATION MAINTENANCE AREA, IF ANY, FOR THE PURPOSE OF MAINTENANCE AND REPAIR, TOGETHER SUCH RIGHTS OF ACCESS NECESSARY TO PERFORM SUCH MAINTENANCE AND REPAIR, AS MORE FULLY PROVIDED IN THE DECLARATION. PARCEL 2: A NON-EXCLUSIVE TEMPORARY EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS BY GRANTEE OVER, UPON AND ACROSS THAT PORTION OF LOT B OF THE MAP, AS DESCRIBED IN THAT CERTAIN EASEMENT GRANT DEED RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 4, 2019 AS DOCUMENT NO. 2019- 0379411, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. THE TEMPORARY EASEMENT SHALL AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE AND EFFECT ON THE DATE A DEED IS RECORDED TRANSFERRING LOT 14 OF THE MAP TO THE ASSOCIATION. PARCEL 3: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR ACCESS, INGRESS AND EGRESS, IN,TO, OVER, UNDER AND ACROSS CERTAIN PORTIONS OF THE ASSOCIATION PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE LOT DESCRIBED IN PARCEL 1 ABOVE. THESE EASEMENTS ARE GRANTED SUBJECT TO: A. THE EASEMENT AND OTHER RIGHTS RESERVED IN THE DECLARATION IN FAVOR OF GRANTOR FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, GRANTOR'S RIGHT TO MAINTAIN MODEL HOMES IN THE LOTS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MODEL HOMES AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE ASSOCIATION PROPERTY OF THE COMMUNITY(DEFINED IN THE DECLARATION); B. GRANTOR'S EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON; AND C. GRANTOR'S RIGHT TO PREVENT ACCESS OVER PORTIONS OF ASSOCIATION PROPERTY BY PLACING Exhibit A A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY, PROVIDED THAT GRANTEE HAS AT LEAST ONE ROUTE OF ACCESS BETWEEN THE LOT DESCRIBED IN PARCEL 1 ABOVE AND A PUBLIC STREET. Commonly known as: 735 Adelaide Circle, Encinitas, CA 92024 APN #: 256-123-06-00 r I Exhibit A