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HomeMy WebLinkAbout9541621 SUBORDINATION AGREEMENT 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 811 This Subordination Agreement (this "Agreement made and entered into as of June 21, 2010, by and between OLD LENDER, and NEW LENDER. WHEREAS, OLD LENDER is the holder of a valid Mortgage /Deed of Trust granted by Jasmine Marie Deshaw, "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: Unit 7 of Rocky Point Condominiums together with undivided interest in common elements in accordance with the Declaration of Covanants, Conditions and Restriction recorded June 21, 2006 in Book 624 P.R. on page 34 and the Corrected Declaration of Covenants, Conditions and Restrictions recorded August 24, 2006 in Book 631 P.R. on page 423 and by the official plat filed on June 21, 2006 as instrument No. 919536 and on the Corrected Plat filed August 24, 2006 as Instrument No. 921671 of the records of the Lincoln County Clerk PIDN: 3419 112 -00- 075 -07 (hereinafter the "PROPERTY which Mortgage /Deed of Trust was recorded on December 26, 2007, in the amount of $6,000.00, as Instrument No. 935843, Official Records of said county (hereinafter the "PRIOR MORTGAGE /DEED OF TRUST and WHEREAS, OWNER has granted NEW LENDER a Mortgage /Deed of Trust on the PROPERTY and NEW LENDER has executed, or is about to execute, a Mortgage /Deed of Trust in the Recorder's office of Lincoln County on t -29 -2010 (date) in Book No 7 y-GI Page(s) '700 NEW LENDER'S MORTGAGE /DEED OF TRUST in an amount of not more than 12 LP, O0. 00 and WHEREAS the OLD LENDER has agreed to subordinate the PRIOR MORTGAGE /DEED OF TRUST to NEW LENDER'S MORTGAGE /DEED OF TRUST. RECEIVED 6/29/2010 at 11:33 AM RECEIVING 954162 BOOK: 749 PAGE: 811 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 Mortgage /Deed of Trust and the lien thereof, as if the NEW LENDER'S Mortgage/Deed of Trust had been recorded first in time to the PRIOR MORTGAGE /DEED 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 MORTGAGE/DEED OF TRUST. 2. Subordination of Debt: OLD LENDER hereby subordinates payment of the debt secured by the Prior MORTGAGE/DEED 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 terms and conditions thereof, shall be and will remain in full force and effect. WITNESS the hand seal of the said OLD LENDER First rstate Bank 1 Print Name: T, /114.e.e. 4 tCe6 s Title: WEsrdven State of County of (SEAL) s C 81.2 The foregoing instrument was acknowledged before me this Zo day of ✓4t4A-- 2010 by (name) 11441 flttc /Cei y of First Interstate Bank, a Montana Corporation, on behalf of the Corporation. PHYLLIS B FISCHER COUNTY Of TETON My Commission Expires NOTARY PUBLIC STATE OF WYOMING Q Gp /Z ,813 TO BE FILLED IN PERSONALLY BY BORROWER IN HIS /HER OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION USE SEPARATE FORM FOR EACH PARTY SUBJECT PROPERTY: 263 Friesian Circle 7, Thayne, WY 83127 STATE OF Wyoming COUNTY OF ohl 1 r �lJ ss. Before me, the undersigned authority on this day personally appeared Jasmine Marie DeShaw Borrower rC814 personally known to me to be the person(s) whose name is subscribed hereto and upon his/her oath deposes and represents to Land Title Company, the purchaser and/or Lender in this transaction that there are: 1. No unpaid debts for lighting and plumbing fixtures, water heaters, floor furnaces, heaters, air conditioners, built -in fireplace screens, installed outdoor cooling equipment, swimming pool equipment, built -in cleaning equipment, built -in kitchen equipment, satellite dish, radio or television antennae, garage door openers, carpeting, rugs, lawn sprinkling systems, venetian blinds, curtains and rods, window shades, draperies and rods, valances, screens, shutters, awnings, mirrors, ceiling fans, attic fans, mail boxes, security and fire alarm detection equipment, water softener, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statement, security agreement or otherwise except the following: Creditor Approximate Amount �d h� 2. No loans, unpaid judgments, or liens (including Federal or State Liens or Judgment Liens) and no unpaid governmental or association taxes, charges or assessments of any kind on such property except the following: Creditor Approximate Amount On e_ 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the construction of improvements have been fully paid and satisfied, except the following: 4. No leases, contracts to sell the land, or parties in possession other than of lant except as follows: (If NONE write NONE on blank line) File Number: 63041 Land Title Company Lien Affidavit Borrower (Individual) Page 1 of 2 Ne) e4CCS15 INDEMNITY: I AGREE TO PAY ON DEMAND TO Land Title Company, THE LENDER AND /OR TITLE COMPANIES (INCLUDING Stewart Title Guaranty Company) IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS, CLAIMS OR RIGHTS NOT SHOW ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS, CLAIMS, OR RIGHTS EITHER CURRENTLY APPLY TO SUCH PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN BY ME, OR HAVE AN INCEPTION OR ATTACHMENT DATE PRIOR TO THE CLOSING OF THIS TRANSACTION AND RECORDING OF THE DEED AND MORTGAGE. I realize that the Lender and Title Companies in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and issuing title policies and would not purchase same or lend money or issue a title policy thereon unless said representations were made. If i/i, rrower is an entity, I ha e authority to sign on its behalf. 0 14 4 1111 td SM NE MARIE DESHA STATE OF ICU }layh. n COUNTY OF 'MID l,.) The foregoing instrument was acknowledged before me this 22 day of June, 2010, before me, the undersigned, a Notary Public, in and for said State, personally appeared Jasmine Marie DeShaw known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. WI No b1ic: M File Number: 63041 Land Title Company Lien Affidavit Borrower (Individual) Page 2 of 2 ss. ssion expires D 2 G f 20/2 PHYLLIS 8 FISCHER NOTARY PUBLIC COUNTY OF f` STATE OF I TETON WYOMING My Commission Exaires'^Gr`26/2"" *Note: This form is to be filled in by the Buyer/Borrower, If there is any new construction, the contractor must also join in this form or fill in and sign a separate one.