Loading...
HomeMy WebLinkAbout963933113099 Recording Requested By/Return To: Wells Fargo P.O. Box 31557 MAC B6955 -013 Billings, MT 59107 -9900 This Instrument Prepared by: Wells Fargo P.O. Box 4149 MAC P6051 -019 Portland, OR 97208 -4149 1- 800 945 -3056 Parcel/UPI# 12-3519-13-1-00-387 Account Number: XXX- XXX- XXX3523 -1998 Reference Number: 112932053 Effective Date: 10/7/2011 Owner(s): FRED A PIERCE TRUSTEE LAVENA C PIERCE TRUSTEE Current Lien Amount: $188,000.00. Senior Lender: Cash Call [Space Above This Line for Recording Data] SUBORDINATION AGREEMENT FOR SHORT FORM LINE OF CREDIT MORTGAGE Property Address: 296 PIERCE DRIVE, ETNA, WY 83118 -0000 SUBORDINATION ONLY_WY10 -22 -10 Page 1 of 3 0000000000312289 u 32 RECEIVED 4/3/2012 at 3:12 PM RECEIVING 963933 BOOK: 784 PAGE: 132 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Subordinating Lender: Wells Fargo Bank, N.A. If Wells Fargo Bank, N.A. is subordinating to Wells Fargo Bank, N.A., this document is notice that the lien securing the loan or line of credit serviced by the Wells Fargo Bank Home Equity Group is subordinated to the first lien loan being originated or modified by the Wells Fargo Home Mortgage Group. THIS AGREEMENT (the "Agreement effective as of the Effective Date above, is made by and among the Subordinating Lender, Owners and the Senior Lender named above. FRED A PIERCE AKA FRED PIERCE AND LAVENA C. PIERCE, TRUSTEES OF THE FRED PIERC E AND LAVENA C. PIERCE LIVING TRUST DATED JANUARY 22, 1992 (individually and collectively the "Owner own the real property located at the above Property Address (the "Property"). The Subordinating Lender has an interest in the Property by virtue of a Short Form Line Of Credit Mortgage (the "Existing Security Instrument") given by the Owner, covering that real property, more particularly described as follows: See Exhibit A which document is dated the 29th day of June, 2010, which was filed in Book 751 at page 86 (or as No. 000086) of the Official Records in the Office of the Recorder of the County of Lincoln, State of Wyoming. The Existing Security Instrument secures repayment of a debt evidenced by a note or a line of credit agreement extended to FRED A PIERCE and LAVENA C PIERCE (individually and collectively `Borrower by the Subordinating Lender. The Senior Lender has agreed to make a new loan or amend an existing loan in the original principal amount NOT to exceed $404,000.00 (the "New Loan or Amended Loan"), provided that the New Loan or Amended Loan is secured by a first lien mortgage on the Property (the "New Security Instrument in favor of the Senior Lender. If the New Loan or Amended Loan exceeds this amount, the Subordination Agreement is VOID. The Subordinating Lender is willing to subordinate the lien of the Existing Security Instrument to the lien of the New Security Instrument under the terms set forth in this Agreement. NOW, THEREFORE, for and in consideration of the above recitals, the covenants herein contained, and for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: A. Agreement to Subordinate Subordinating Lender hereby subordinates the lien of the Existing Security Instrument, and all of its modifications, extensions and renewals, to the lien of the New Security Instrument. This Agreement is effective as to any sum whose repayment is presently secured or which may in the future be secured by the Existing Security Instrument. B. General Terms and Conditions Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto and all of those holding title under any of them. Nonwaiver This Agreement may not be changed or terminated orally. No indulgence, waiver, election or non election by New Lender or the trustee(s) under the New Security Instrument or related documents shall affect this Agreement. Severability The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions of this Agreement. C. Signatures and Acknowledgements The Subordinating Lender, through its authorized officer, has set its hand and seal as of the Effective Date above unless otherwise indicated. SUBORDINATION ONLY_WY10 -22 -10 Page 2 of 3 0000000000312289 00133 SUBORDIN TIN, DER: Wells Far By 10/7/2011 (Signature) Date Barbara A. Edwards (Printed Name) Work Director (Title) FOR NOTARIZATION OF LENDER PERSONNEL STAtt COUNTY OF Washington ss. The foregoing Subordination Agreement was acknowledged before me, a notary public or other official qualified to administer oaths this 7 day of O('1 1 Ci f by Barbara A. Edwards, as Work Director of Wells Far: o Bank, N.A., the Subordinating Lender, on behalf of said Subordinating Lender pursuant to authority granted s Bo f; of Directors. S /he is personally known to me or has produced satisfactory proof of his/her identity. (Notary Public) MY C OFFICIAL SEAL NOTARY PUB RC ERRV COMMISSION NO. 4 R 47200 EGON MMIS 10 EXPIRES MARCH 04 2014 SUBORDINATION ONLY_WY10 -22 -10 Page 3 of 3 0000000000312289 uu134 113099 EXHIBIT "A" 00135 Lot 2 of Henry's Mountain Estates No. 2, Lincoln County, Wyoming as described on the official plat file July 2, 2008 as Instrument No. 940252 of the records of the Lincoln County Clerk.