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Home My WebLink About956321Recording Requested by When Recorded Return To: Indecomm US Recordings 2925 Country Drive St. Paul, MN 55117 ESCROW /CLOSING SUBORDINATION AGREEMENT MSN SV -79/ DOCUMENT CONTROL DEPT. P.O. BOX 10266 VAN NUYS CALIFORNIA 91410 -0266 Doc ID No.: 0001294263592005N RECEIVED 10/26/2010 at 3:41 PM RECEIVING 956321 BOOK: 756 PAGE: 74 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SUBORDINATION AGREEMENT SPACE ABOVE FOR RECORDERS USE 000074 1a J 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 SUBORDINATION AGREEMENT is made this Twenty- fourth day of September, 2010, by Mortgage Electronic Registration Systems Inc. "Subordinated Lienholder with a place of business at 4500 PARK GRANADA, CALABASAS, CA 91302 1613. WHEREAS, ERIC HARRELL and SUZANNE HARRELL executed and 00u075 delivered to Subordinated Lienholder, a Deed of Trust/Mortgage (the "Existing and Continuing Security Instrument m the sum of $100,000.00 dated 08/25/2006 and recorded in Book Volume 632, Page 381, as Instrument No. 000381, in the records of LINCOLN County, State of Wyoming, as security for a loan (the Existing and Continuing Loan"), which Existing and Continuing Security Instrument is a valid and existing lien on the real property located at 103389 HWY 89, FREEDOM, WY 83120 and further described on Exhibit "A," attached. WHEREAS, ERIC HARRELL and SUZANNE HARRELL "Borrower executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc., "Lender a deed of trust/mortgage in the principal amount not to exceed $419,000.00, which deed of trust/mortgage (the "New Security Instrument is intended to be recorded herewith in the records of LINCOLN County, State of Wyoming as security for a loan (the "New Loan"); WHEREAS, it is a condition precedent to obtaining the New Loan that the lien of the New Loan shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien of the Existing and Continuing Loan; and WHEREAS, Lender is willing to make said loan provided the lien securing the New Loan is a lien or charge upon the described property prior and superior to the lien of the Existing and Continuing Loan and provided that Subordinating Lender will specifically and unconditionally subordinate the lien of the Existing and Continuing Loan to the lien of the New Loan; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such a loan to Borrower; and Subordinating Lender is willing that the lien securing the New Loan shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien securing the Existing and Continuing Loan. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (I) That the New Security Instrument, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the Existing and Continuing Security Instrument. (2) That Lender would not make the New Loan without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the Existing and Continuing Security Instrument to the New Security Instrument and shall supersede and cancel, but only insofar as would affect the priority between the security instruments hereinbefore specifically described, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the Existing and Continuing Security Instrument above mentioned, which provide for the subordination of the lien to another security instrument, deed of trust or mortgage. Subordinating Lender declares, agrees and acknowledges that hOtr0'76 (a) It consents to and approves (i) all provision of the note and New Security Instrument in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Borrower and Lender for the disbursement of the proceeds of the New Loan; (b) Lender making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; and (c) It intentionally and unconditionally waives, relinquishes and subordinates the lien of the Existing and Continuing Security Instrument in favor of the lien or charge upon said land of the New Security Instrument and understands that in reliance upon, and in consideration of, this waiver, relinquish and subordinate specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOW THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY E EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Mortgag Andrew olland, V' President tems Inc. CORPORATE ACKNOWLEDGEMENT STATE OF NORTH CAROLINA COUNTY OF GUILFORD Before me, the undersigned, a Notary Public on this day personally appeared Andrew Holland known to me (or proved to me on the oath of Vice President), to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation, and that he or she had executed the same as the act of such corporation for the purpose and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 24 day of September, 2010. (Personalized Seal) My commission expires the 2 nd day of March, 2014 (Notary Public, Stat of North Carolina) Shirley A. Hopkins (Print Name of Notary Public here) 006077 8/20/2010 7:29:25 AM PAGE 5/032 Fax Server Schedule A —Page 2 A portion of the property, as referred to in the Deeds recorded in Book 497PR, on pages 808 thru 811, with the Office of the Clerk of Lincoln County, Wyoming, within the Southwest Quarter of the Northwest Quarter, the North Half of the Southwest Quarter of Section 34, Township 35 North, Range 119 West, of the 6 1'.M., .Lincoln County, Wyoming, the metes and bounds being more particularly described as foliu»rs: BEGINNING at the B.L.M. type Monument marking the Lloyd 13. Baker PE /LS 698, 2002 location for the Northwest Corner of the Southeast Quarter of the Northwest Quarter of said Section 34; thence South 0 0 45'30" West, along the West line of said Southeast Quarter of the Northwest Quarter, 1,329.04 feet to the B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698, 2002 location for the Southwest Corner of said Southeast Quarter of the Northwest Quarter; thence South 89 05'02" East, along the South line of said Southeast Quarter of the Northwest Quarter, 1,334.57 feet to the B.L.M. type .Monument marking the Northwest Corner of the Southeast Quarter of said Section 34; thence South 1 °14'32" West, along the West line of said Southeast Quarter, 1,135.08 feet to an Aluminum Cap on Iron Pipe; thence North 65 °18'55" West 135.51 feet to an Aluminum Cap on Iron Pipe; thence North 69 °S6'47" West 125.75 feet to an Aluminum Cap on Iron Pipe; thence North 53 °13'28" West 61.47 feet to an Aluminum Cap on Iron Pipe; thence North 64 °12'43" West 46.21 feet to an. Aluminum Cap on Iron Pipe; thence North 70 °08'29" West 103.92 feet to an Alnuunum Cap on Iron Pipe; thence North 80 °06'17" West 196.16 feet to an Aluminum Cap on Iron Pipe; thence North 65 °46'26" West 69.71 feet to an Aluminum Cap on Iron Pipe; thence South 89 08'36" West 43.98 feet to an Aluminum Cap on Iron Pipe; thence North 88 47'01" West 86.00 feet to an Aluminum Cap on Iron Pipe; thence North 38 57'46" West 1,078.35 feet to an Aluminum Cap on Iron Pipe; thence South 89 °10'19" West 39.94 feet to a Point in the calculated thread line of the existing Salt River; thence Northerly, along said thread line, the following: North 9 °48'29" West 104.16 feet;. North 0 °48'20" East 70.40 feet, North 8 °36'34" West 28.22 feet, North 28 °56'19" West 75.91 feet, North 59 °12'51" West 139.16 feet, North 57 08'37" West 53.96 feet, North 70 °47'52" West 94.76 feet, North 58 °21'45" West 13.61 feet, North 30 °00'43" West 52.62 feet, North 33 °09'25" West 62.59 feet, North 30 °00'43" West 41.37 feet, C.:06078 8/20/2010 7:29:25 AM PAGE 6/032 Fax Server Schedule A Page 3 North 46 °56'02" East 45.52 feet, 00 0079 North 48 °22'27" East 128.77 feet, North 59 °48'27" East 104.38 feet, North 54 °34'45" East 148.21 feet, North 52 °11'44" East 129.49 feet, North 36 °54'54" East 96.09 feet, North 25 °53'53" East 43.32 feet, North 15°39'18" East 59.70 feet, North 15 °27'45" East 81.34 feet, North 21 °47'11" East 44.30 feet, North 2 °54'24" West 55.11 feet, North 2 °38'48" East 66.82 feet; North 3 °33'54" West 35.12 feet, North 8 °22'06" West 47.01 feet, and North 20 °24'02" West 24.04 feet to a Point in the South line of'the Northwest Quarter of the Northwest Quarter of said Section 34; thence South 89 11'56" East, along said South line, 90.76 feet, to the Point of .Beginning. 11 11 1 11 11 +U01556507+ 1632 10/7/2010 76680979/2