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HomeMy WebLinkAbout944601 6010817 408 SUBORDINATION AGREEMENT COú655 FROM First Interstate Bank., (hereinafter called "OLD LENDER") TO First Interstate Bank, with its primary office at 802 West Broadway, Jackson, WY 83001 (hereinafter called "NEW LENDER") WHEREAS, OLD LENDER is the holder of a valid Mortgage/Deed of Trust granted by Darren C. and Arlene L. Rudd, ("OWNER") covering certain real property owned by OWNER and located in the county of Lincoln and the state of Wyoming and more fully described as: Lot 4 of Henry's Mountain Estates, Subdvision, Lincoln County, Wyoming as described on the official plat filed on November 11, 1996 as instrument No. 828555 of the records of the Lincoln County Clerk. (hereinafter the "PROPERTY") which Mortgage/Deed of Trust was recorded on May 6, 2008, in the amount of $100,000.00, as Book 693 PR and page 839. Official Records of said county (hereinafter the "PRIOR MORTGAGEIDEED OF TRUST"); and WHEREAS, OWNER has granted NEW LENDER a MortgagelDeed of Trust on the PROPERTY and NEW LENDER has executed, or is about to e)\ecute, a MortgagelDeed of Trust in the Recorder's office of Lincoln County on I-t}· Ol'{ (date) in Book No ']' Q' , Page(s) (nq·;; ("NEW LENDER'S MORTGAGEIDEED OF TRUST") in an amount of not more than $365,000.00 and WHEREAS the OLD LENDER has agreed to subordinate the PRIOR MORTGAGE/DEED OF TRUST to NEW LENDER'S MORTGAGEfDEED OF TRUST. NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND and in consideration of$1.00 (One Dollar) and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Subordination of Lien: The OLD LENDER hereby subordinates the PRIOR MORTGAGE/DEED OF TRUST and its lien position in and on the PROPERTY to the NEW LENDER'S MortgagelDeed of Trust and the lien thereof, as if the NEW LENDER'S MortgagelDeed of Trust had been recorded first in time to the PRIOR MORTGAGEIDEED OF TRUST and so that all public records will reflect NEW LENDER'S MORTGAGE/DEED OF TRUST to be superior in lien to the PRIOR MORTGAGEIDEED OF TRUST. RECEIVED 1/9/2009 at 4:11 PM RECEIVING # 944601 BOOK: 712 PAGE: 655 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMME fY OOû656 2. Subordination of Debt: OLD LENDER hereby subordinates payment of the debt secured by the Prior MORTGAGEIDEED OF TRUST to payment of the debt secured by the NEW LENDER'S MORTGAGE/DEED OF TRUST. 3. This Subordination shall be binding upon and inure to the benefit of the respective heirs, successors, and assigns of OLD LENDER and NEW LENDER. 4. It is expressly understood and agreed, that except for this subordination, the Mortgage/Deed of Trust held by the OLD LENDER and all tenns and conditions thereof, shall be and will remain in full force and effect. WITNESS the hand seal of the said OLD LENDER First Interstate Bank ð)n.W"-~ (SEAL) Print Name: l:)em vur'\ rvt ~ yV"V1 ~ o Title: \J? \l)~ State of } } SS. } County of The fore ing instrument was acknowledged before me this (P %y of ~ 2009 by ofPirst Interstate Bank, a Montana CorporatIOn, on be aIf of the Corporation. NO~C +-- ~ My Commission Expires: InJu d1, 2íOeP¡ ~~'---"--'" .-. -'''''-''~''--'''--'] - KATHYLVONÅ  .........-, - ÑOTÄR\ì¡;OOUõ COUNTY OF . STAl'I: 01' TETON WYOMING .m I" 1Ut' \m'Septell~~r 21, 2000 _..........._,....~.......'"_,... ._. ,OP,.a, ,.........~. .'"4..""..."............