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HomeMy WebLinkAbout937087 v, .._.. _ __ Jrded return to: Wells Fargo Bank, NA Attn: Doc Management, MAC B6955-011 P.O. Box 31557 Billings, MT 59107-1557 Q:P0416 , ~,.~.: RECEIVED 2/21/2008 at 3:04 PM RECEIVING # 937087 BOOK: 687 PAGE: 416 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY __R__._" Space above line for recording purposes. 65465474062661998 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 Agreement is made this 14day of FEBRUARY 2008, by and between Wells Fargo Bank, N.A. a national bank with its headquarters located at 420 Montgomery Street, San Francisco, CA (herein called "Lien Holder"), and Wells Fargo Bank, N.A., with its main office located in the State of Iowa (herein called the "Lender"). RECITALS Lien Holder is the beneficiary/mortgagee under a deed of trust/mortgage, dated APRIL 24TH, 2003 executed by ANTHONY DRISKILL AND JOCELYN N. DRISKILL (the "Debtor") which was recorded in the county of LINCOLN, State of WYOMING, as BOOK 519PR, PAGE 511 on MAY 1, 2003 (the "Subordinated Instrument") covering real property located in THAYNE in the above-named county of LINCOLN , State of WYOMING, as more particularly described in the Subordinated Instrument (the "Property"). PLEASE SEE ATTACHED EXHmIT "A" (Legal Description) Lender will make a loan to the Debtor secured by a deed of trust/mortgage on the Property which will be recorded (the "Lender Instrument"). The Lender Instrument will secure a promissory note/line of credit agreement in the amount of $357,000.00. Lien Holder has agreed to execute and deliver this Subordination Agreement. 9/27101 / STATE OF CALIFORNIA) ) SS. COUNTY OF SACRAMENTO) 00041.7 On this 14 day of FEBRUARY, 2008, Before me, Stephany Cowell, notary public, (notary name and title) personally appeared Kristine F. Duerlinger, VP Loan Documentation of Wells Fargo Bank, N.A. (bank officer name and title) (name of Wells Fargo Bank) o personally known to me o 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 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. WITNESS my hand and official seal, Signature of Notary Public My commission expires: ,S-e e O-tfo..eJu2 oL 9/27101 00041.8 ACCORDINGLY, in consideration of the property and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lien Holder hereby agrees with Lender as follows: 1. Regardless of any priority otherwise available to Lien Holder, the lien of the Subordinated Instrument is, shall be and shall remain fully subordinate for all purposes to the lien of the Lender Instrument, to the full extent of the sum secured by the Lender Instrument, including not only principal and interest on the principal indebtedness secured thereby but all other sums secured by the Lender Instrument, excluding non-obligatory future advances. 2. Lien Holder warrants to Lender that Lien Holder presently owns the Subordinated Instrument and indebtedness secured thereby, free and clear of all liens, security interests and encumbrances, 3, This Agreement is made under the laws of the State of California. It cannot be waived or changed, except by a writing signed by the parties to be bound thereby. This Agreement is made between Lender and Lien Holder. It shall be binding upon Lien Holder and the successors and assigns of Lien Holder, and shall inure to the benefit of, and shall be enforceable by, Lender and its successors and assigns. Neither the Debtor nor any other person (except Lender, its successors and assigns), shall be entitled to rely on, have the benefit of or enforce this Agreement. IN WITNESS WHEREOF, this Subordination Agreement is executed on the day and year first above stated. WELLS FARGO BANK, N.A. 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 han improvement of the land . fA ~ titloit;/cD!¿l'Lt~~· B : Kristine F, Duerlinger ~ Title: VP Loan Documentation 9/27/01 OÓ0419 ACKNOWLEDGMENT State of CaJifq~nia -tõ' County of~('IrarnefL: 0 ) On r .ßbruC2rll /4~d-OD8" before me .bfa(l~(.L 4, . ZahaJZr:¿,. flMQÎL( " __, (insert na~e and title of the officer) (It,¿.iJij é-- personally appeared JLr/~s+ I n £ ¡:--, Du er / Ill)} er , who proved to me on the basis of satisfactory evidence to be the person{st whose name{.s@aæ subscribed to the within instrument and acknowledgedto me that~tRey executed the same in ~tAetr authorized capacityfjes), and that bY--A~#Aejr signature{,g.) on the instrument the person{&), 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. ~~~--~~--~~~-~ ' BLANCA A. ZABAlZA ,;::... Commission # 1560703 ~ . -.;.. Notary Public· California ~ San Joaquin Counly MyComm. Expires Mar 17, 2009 :2 ,) ~ ~/' J' fl /': ¡ , -.,..", I ('~ .I '! -"') ~~ ."~' . ,I '1-. ".,.,' .~~ ",., Signature' ' , .' Q.~Q :: )2J'J' . ð~ea') Èserow No.: 08-521(J6205-JM Locate No.: CAINDOOOo-7727-4521- Title No.: EXHIBIT "A" 000420 LOT 50 OF BRIDGER VIEW RANCHES AS PLAITED IN THE OFFICIAL RECORDS OF UNCOLN COUNìY, WYOMING. KNOWN AS: 46 BRIDGER DRIVE THAYNE, WY 83127 APN: 35193540009400 Exhibit Page - Legal(exhibit)(0a-07)