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HomeMy WebLinkAbout913752 \ '\ \\p ~ \3 " r' .., (, "" r)' ..... " .."...', ',{ '.- ~\j t.1 Û \.: v RECORDING REQUESTED BY : WHEN RECORDED RETURN TO : Custom Recording Solutions 2550 North Redhill Ave. Santa Ana,CA 92705 800-756-3524 Ex!. 5011 l f'G:; / c¡ 7){j RECEIVED 11/16/2005 at 2:29 PM RECEIVING # 913752 BOOK: 604 PAGE: 893 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SUBORDINATION AGREEMENT New Loan #: 0058518317 This Subordination Agreement is dated for reference 09/02/2005 and is between COMMUNITY AMERICA CREDIT UNION whose principal address is 9777 RIDGE DR., LENEXA, KS 66219 (called "Junior Lender") and New Senior Lender's Name: WELLS FARGO BANK, NA Senior Lender's Address: P.O, BOX 5137 DES MOINES, IA - 50306-5137 (called "New Senior Lender") RECITALS AJunior Lender is the vested holder and owner of the following described promissory note (the "Note") secured by a mortgage or deed of trust (the "Security Instrument"): Date of Note and Security Instrument: OS/28/2003 Borrower(s) Name(s) ("Borrowers") : JAMES W KRULJAC AND PATRICIA A KRULJAC Property Address: 464 CEDAR CREEK DRI THAYNE, WY 831270000 Legal Description of real property secured by Security Instrument ("Property") : Recording Date 06/24/2003 County:LlNCOLN Amount: $29,000,00 Page: 5 Recording Number: Book: 525PR B Borrowers,as current owners of the Property, wish to replace their current first priority mortgage loan on the Property with a new first priority mortgage loan secured by the Property from New Senior Lender in the original principal sum of $ 111268.00 Date: f51 ~Il òç- (the "New Senior Security Instrument"). r(et- qÞfJlS J!aJf<..;!/ì1 Pt-, ~?! .rr _.co,r), ~.J¡~ New Senior Lender will not provide this financing without an agreement by Junior Lender to subordinate its lien/security interest lien/security in the Property to the new interest of New Senior Lender. In consideration of the benefits. to Junior Lender from the new financing on the Property provided by New Senior Lender,Junior Lender agrees and declares as follows: 1.Subordination to New Senior Security Instrument. Junior Lender agrees that upon recordation of the New Senior Security Instrument,Junior Lender's lien/security interest in the Property shall be unconditionally and forever inferior,junior and subordinate in all respects to the lien/security interest of Senior Morgagee's New Senior Security Instrument and all obligations it secures, Junior Mortgagee irrevocably consents to and approves all provisions of the New Senior Security Instrument and the terms of the obligations it secures. 2.No Subordination to Other Matters. Junior Lender is subordinating its lien/security interest to the New Security Instrument only, and not to other or future liens or security interests in the Property, Junior Lender has no obligation to consent to future requests for subordination of its lien/security interest. 3.No Waiver of Notice. By subordinating its lien/security instrument, Junior Lender is not waiving any rights it may have under the laws of the State where the Property is located,or Federallaw,to notice of defaults or other notices or rights conferred by law to junior lienholders and mortgagees. 4.Successors and Assigns. This Agreement shall be binding upon and be for the benefit of any successor or assignee of the New Security Instrument or any successor of either of the parties. 5.Governing Law. This Aqreement shall be qoverned by the law of the State where the Property is located. 6.Reliance. This Agreement can be relied upon by all persons having an interest in the Property or the New Senior Security Instrument. 7.Entire Agreement;Amendments. This Agreement represents the entire and complete agreement between Junior Lender and Senior Lender. Any waiver,modification or novation of this Agreement must be in writing,executed by New Senior Lender (or its successors or assigns) and Junior Lender (or its successors or assigns) and, if this Agreement was recorded in the real estate records of the government entity in which the Property is located, recorded in such real estate records,to be enforceable. 8.Acceptance. New Senior Lender shall be deemed to have accepted and agreed to the terms of this Agreement by recordation of this Agreement at or about the time New Senior Security Instrument is recorded. This Agreement shall be void if not recorded within 90 days of the reference date first written above. (, ,-\ [t n (¡.~ ".' ~,) \,! Ù ~.) £.1: '" ~.l~'i í: ~~)J , ,} ~ ~.J¡;J.4 JUNIOR LENDER: COMMUNITY AMERICA CREDIT UNION 1\ (~ ¡) n r-:-, " , (. Ù ,} oJ BY: NAME: TITLE: MICHELE S. \.JILLIAMS VICE PRESIDENT . . ~~) ':.::' 'ii' ,j¡ '. (, ,~~,$1d ~'\ (\ (~ 0 (~ r~ .,'~}1}()'JU STATE OF KANSAS COUNTY OF JOHNSON On SEPTEMBER 28, 2005 before Me, -DENTSF. T.__.1llRRST Personally Appeared MHT!F.T.E S. lHU,T AMS, VH~E PRESTDENT COMMUNITYAMERICA CREDIT UNION Personally known to me (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 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. S my hand and official seal. )}&U~Q{ 2t!~'U2 Ld{J ~/ÎI SC J-.. rVé"r:n- Signature of Notary Public .J.//,.. ~l::J' ,ai...,VJ",_.~.........Æii .~, .~.,' :.;0_, ",..,.., I DENISE L FUERST Notary Public Slate of Kansa ,~YC~rn:.I,SSlon ~xp¡res~~3ftf! (This area for notarial seal) ,f n r; n r)' '"1 ,) i, U \" l t··r') lC.~" iI~) ~' '~_~~<:fOJ Order ID 1722559 Loan Number: 708-00585] 8317 EXHIBIT A LEGAL DESCRIPTION THE FOLLOWING DESCRIBED REAL ESTATE SITUATE IN LINCOLN COUNTY AND STATE OF WYOMING, HEREBY RELEASING AND WAIVING ALL RIGHTS UNDER AND BY VIRTUE OFT] IE HOMESTEAD EXEMPTION LAWS OF THE STATE TO-WIT: LOT ELEVEN (II) IN STAR V ALLEY RANCH PLAT SIXTEEN (16), LINCOLN COUNTY, WYOrY1 ING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF, TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON SITUATE OR IN ANYWISE APPERTAINING THERETO. COMMONLY KNOWN AS: 464 CEDAR CREEK DRIVE, THAYNE, WY 83127. APN: 12-3518-31-3-02-008.00