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HomeMy WebLinkAbout915351 ~ "M ~[ è( S nO ..~ U .8o~ ø-..:l";¡ ........ ;.""'" ¡;if .., t"'~ 0 º- "c.f.I>. ~~J t$ ~= ~~. (} ~ :a; ~c~ .~~i '~(i9 '1~!~ :.,~....t f-t ii.~: ~I 1f " ., j l: U/Æ/I JÞ/. ...) (gl . r: ';~0016~ RECEIVED 1/19/2006 at 3:50 PM RECEIVING # 915351 BOOK: 610 PAGE: 165 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -'- ,,--,. .-- .'_. '---.,.--- RECORDING REQUESTED BY Fidelity National Lenders Solution 2550 North Redhill Ave. Santa Ana,CA 92705 AND WHEN RECORDED MAIL TO NAME Fidelity National Lenders Solution ADDRESS 2550 North Redhill Ave. CITY Santa Ana STATE & ZIP CA 92705 co4ot870-0~ SUBORDINATION AGREEMENT This Subordination Agreement is dated for reference 04/30/2004 and is between ~ COMMUNITY FIRST NATIONAL BANK principal address is 4340 18TH AVENUE SW, FARGO, ND 58103, (called "Junior Lender") and whose New Senior Lender's Name: // WELLS FARGO HOME MORTGAGE, INC Senior Lender's Address : P.O. BOX 5137 DES MOINES, IA - 50306-5137 (called "New Senior Lender") RECITALS A.Junior 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: 03/17/2003 Borrower(s) Name(s) ("Borrowers") : JON S. CARLISLE AND DANETTE O. CARLISLE Property Address: 2586 ASPEN SPRINGS R KEMMERER, WY 831010000 by Security Instrument ("Property") : Recording Date : 04/04/2003 Recording Number: County: LINCOLN Book: 516PR Page: 931 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 securedby the Property from New ""i· lt!~J"i· ·.·;''-~ Wi:~i;illm~:i~¡ C!ìn'l" 66 ,_,iju Senior Lender in the original principal sum of (the "New Senior Security Instrument"). $ 51421.00 0915351 New Senior Lender will not provide this financing without an agreement by Junior Lender to subordinate its lien/security interest lienlsecurity 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 A¡:¡reement shall be ¡:¡overned 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. a.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. i ·6' 1"';J C'O 0 ':1. ~ 091.5351 NEW SENIOR LENDER: WELLS FARGO HOME MORTGAGE, INC JUNIOR LENDER: COMMUNITY FIRST NATIONAL BANK BY: \. .~~ -------- .Jé,Son 0 Pe,+4'5611 Loú^ ffbc/ trJ I c¡r BY: t~¡~;;;~¡I¡!illÅ’ir~ r0n'lß8 '...; \J \.,' 091.5351 STATE OF Nov~ D~kc~ COUNTY OF t ()..s s On before Me, ){0~TI'Ý1 WLY~ Personally Appeared Ja.SOVlO p.e.+~so..." Div-ec.t LoQy¡ Aod...ut~·6n MtUta;u- 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 hislher/their authorized capacity (ies), and that by hislher/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. r~ (JJd Signature of Notary Public KRISTIN WERK Notary Public State of North Dakota My Commission Expires Nov. 14.2006 (This area for notarial seal) C00169 031.5351 Legal Description Exhibit nAn Loan Number: Borrower: JON S CARLISLE And DANETTE 0 CARLISLE PARCEL 1 - LEIGH CABIN PROPERTY A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 5 OF THE RESURVEY OF T2 1N R115W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING AND SAID PARCEL BEING A PORTION OF A PARCEL KNOWN AS PARCEL 18 OF ASPEN SPRINGS TRACTS AND SAID PARCEL BEING THAT PORTION OF SAID PARCEL 18 LYING EAST OF THE MAIN ACCESS ROADWAY, TO WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5, AND RUNNING THENCE S 82 DEG. 58' 03" E, 1844.19 FEET TO THE TRUE POINT OF BEGINNING; THENCE N 61 DEG. 29' 41" E, 302.11 FEET TO A POINT; THENCE S 37 DEG. 09' 46" E, 571.77 FEET TO A POINT; THENCE S 58 DEG. 20' 18" W, 399.19 FEET TO A POINT ON THE CENTERLINE OF SAID MAIN ACCESS ROAD; THENCE N 12 DEG. 34' 35" W. 14.76 FEET TO A POINT BEING THE BEGINNING OF A CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 802.61 FEET AND ALONG CHORD BEARING N. 23 DEG. 16' 14" W.385.41 FEET TO THE END OF SAID CURVE; THENCE N 37 DEG. 09' 42" W, 191.43 FEET TO THE POINT OF BEGINNING. PARCEL 2 A PARCEL OF LAND BEING PART OF PARCEL 24 OF THE MAP OF THE ASPEN SPRINGS TRACT ON FILE IN THE LINCOLN COUNTY CLERK'S OFFICE IN KEMMERER, WYOMING. SAID PARCEL 24 OF THE ASPEN SPRINGS TRACT BEING ALSO THAT PARTICULAR PARCEL OF LAND CONVEYED FROM PBL MANAGEMENT, A CALIFORNIA CORPORATION TO WAYNE II, CARLISLE AS RECORDED IN BOOK 273PR ON PAGE 137 ON FILE IN THE LINCOLN COUNTY CLERK'S OFFICE IN KEMMERRER, WYOMING. SAID PARCEL OF LAND ALSO BEING PART OF PART OF THE NW 1/4 OF SECTION 5 OF THE RESURVEY OF T21 NR115W OF THE 6TH P.M., LINCOLN COUNTY, WYOMING AND BEING MORE · ' ' ..... ,,' . ','. :>u'"1f¡ :;~ '1@ ..... '_..~ O 'U,.Hl c::' "") 51 J ..;;.. <.JJ ..~ Legal Description Exhibit "A" Loan Number: PARTICULARLY DESCRIBED AS FOLLOWS: Borrower: JON S CARLISLE And DANETTE 0 CARLISLE COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5 OF SAID T21 N R15W AND RUNNING THENCE S 82 DEG. 58' 03" E A DISTANCE OF 1844.19 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND KNOWN AS LEIGH CABIN PARCEL. SAID LEIGH CABIN PARCEL BEING THAT POTION OF PARCEL 18 OF SAID ASPEN SPRINGS TRACTS CAST OF THE CENTERLINE OF THE 60 FOOT ROADWAY EASEMENT CENTERLINE PASSING THROUGH SAID PARCEL 18; THENCE N 61 DEG. 29' 41" E, ALONG THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 18 AND SAID LEIGH CABIN PARCEL TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. SAID POINT OF BEGINNING ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 18 OF THE ASPEN SPRINGS TRACTS; THENCE CONTINUING N 61 DEG. 29'41" E, A DISTANCE OF 168 FEET MORE OR LESS TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID SECTION 5; THENCE EASTERLY ALONG THE NORTH BOUNDARY LINE OF SAID SECTION 5,390 FEET MORE OR LESS TO THE N 1/4 CORNER OF SAID SECTION 5; THENCE SOUTH 416.8 FEET; THENCE S 58 DEG. 20' 18" W. 226.3 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 18 AND SAID LEIGH CABIN PARCEL; THENCE N 37 DEG. 09' 46" W, ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL 18 SAID LEIGH CABIN PARCEL, A DISTANCE OF 571.77 FEET TO THE POINT OF BEGINNING. APN: 12-2115-05-1-00-002.00