HomeMy WebLinkAbout913752
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RECORDING REQUESTED BY :
WHEN RECORDED RETURN TO :
Custom Recording Solutions
2550 North Redhill Ave.
Santa Ana,CA 92705
800-756-3524 Ex!. 5011
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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-, ~?!
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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.
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JUNIOR LENDER:
COMMUNITY AMERICA CREDIT UNION
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BY:
NAME:
TITLE:
MICHELE S. \.JILLIAMS
VICE PRESIDENT
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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.
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Signature of Notary Public
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I DENISE L FUERST
Notary Public
Slate of Kansa
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(This area for notarial seal)
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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