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HomeMy WebLinkAbout947029WHEN RECORDED RETURN TO: RECEIVED 5/11/2009 at 11:31`AM RECEIVING # 947029 Mountain West Small Business Finance PAGE: 560 2595 East 3300 South BOOK: 722 Salt Lake City, Utah 84109 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Real Estate Lease Subordination Agreement e0056-0 This Subordination Agreement is entered into by PRINT VISION, LLC ("Lessee") for the benefit of Mountain West Small Business Finance ("MWSBF") and its successor in interest, the Small Business Administration ("SBA"). RECITALS A. Lessee has heretofore leased from Lawrence L. Chavez and Sandra L. Chavez ("Lessor") by lease dated May 1, 2009 for a term of twenty years (the "Lease") certain real property (the "Leased Premises") known as 27 Doc Perkes Lane, Afton, WY 83110, located in the County of Lincoln, State of Wyoming and described as follows: See Exhibit "A" which is attached hereto and incorpo- rated herein by this reference. B. MWSBF and the SBA have authorized the making of an SBA 504 Loan, Loan No. 34235560-05, to Lessor in the amount of $223,000.00, due and payable on or before a time to be deter- mined by the U.S. Secretary of the Treasury (the "Loan"). C. The Loan is for the benefit of both Lessee and Lessor, in that the funds are to be used for the benefit of the business conducted on the Leased Premises purchased and/or renovated by Loan proceeds. D. A condition of the Loan is that the Lease be subordinated to the lien of a trust deed executed by Lessor and recorded as a lien superior to the Lease. AGREEMENT NOW, THEREFORE, in consideration of disbursement of the Loan or any part thereof, and for other good and valuable consideration the receipt and legal sufficiency of which are hereby acknowl- edged, Lessee covenants and agrees as follows: 1. No Default. Lessee is not now in default in the performance of the Lease; and Lessee will perform the covenants and conditions required of is by the Lease for the term of the Loan and any extensions or renewals of it. 2. Subordination of Lease. All rights under the Lease together with any and all right, interest, estate, title, lien, or charge against or respecting the Leased Premises (or any portion thereof) by virtue of the Lease, shall be and the same are hereby made subject, subordinate, inferior, and junior to the lien and title of MWSBF and the SBA represented by the SBA Note in the amount of $223,000.00 and security instruments related to the Loan, including without limitation the Promissory Note, Deed of Trust, Security Agreement and UCC Financing Statements (filed with the Uniform Commercial Code Division for the State of Wyoming and as fixture filings in Lincoln County, Wyoming) (the "Loan Documents") and to all rights, powers, title, and authority of MWSBF and the SBA under or in any way related to or arising out of the Loan Documents and to all sums heretofore or hereafter advanced on the security of the Loan Documents or any of them, including all sums advanced or costs incurred as fees, expenses, disbursements, or charges in connection with the Loan Documents or the Loan. The Lease 000551. Rights, together with any and all right, interest, estate, title, lien, or charge against or respecting the Leased Premises (or any portion thereof) by virtue of the Lease, are hereby subordinated to the Loan Documents the same and as fully as if the Loan Documents had been executed, delivered and, where appropriate, filed, prior to execution, delivery and filing of the Lease. 3. This Agreement shall be binding upon and inure to the benefit of the personal represen- tatives, successors and assigns of the parties hereto. Dated May 1, 2009. LESSEE: PRINT VISION, LLC ."4 By: STATE OF Wyoming ) :ss. COUNTY OF Lincoln ) The foregoing instrument was acknowledged before me this May 1, 2009 by Lawrence L. Chavez, Manager, PRINT VISION, LLC . Y Notary I~jblic NOTARY UP BLIC EMYCON IM, BAlFfi Oj,IyOF STATE OF WYOM ING M1881pW -0 eftM-fts MARCH 9, 2013 R May 1 7009 14:36 P004/033 ORDER NUMBER: NTL-2280 EXHIBIT "All 00v"'562 LOT 9 OF STAR VALLEY MEDICAL CENTER SECOND ADDITION TO THE TOWN OF AFTON, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 30, 2003 AS INSTRUMENT NO, 892044 OF THE RECORDS OF THE LINCOLN COUNTY CLERK, ALTA Commitment (6/17/06) r is t ' -WepuerenryW~+PP'1Y