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HomeMy WebLinkAbout967996164832 Return to: Bank of the West MS: NC- B07 -3C -V 2527 Camino Ramon San Ramon, CA 94583 Prepared By: Billie Marquez (402) 918 -2714 NE- BBP -01 -F __[Space Above This Line For Recording Data]__ RECEIVED 11/16/2012 at 9:44 AM RECEIVING 967996 BOOK: 798 PAGE: 345 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BANK OF THE WEST SUBORDINATION OF MORTGAGE OR DEED OF TRUST 1. MATTHEW GEORGE VICKERY (whether one or more, "Borrower has executed and delivered, or is about to execute and deliver, to Bank of the West a promissory note not to exceed a principal amount of $236,500.00 evidencing Borrower's new first -lien residential mortgage loan (the "Mortgage Loan which is, or will be, secured by a mortgage /deed of trust on the real estate legally described as follows (the "Real Estate LOT 31 OF VIOLA SUBDIVISION, PHASE NO. 1, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT FILED ON JULY 3, 1983 AS INSTRUMENT NO. 600082 OF THE RECORDS OF THE LINCOLN COUNTY CLERK. Said mortgage /deed of trust is or will be executed and delivered by Borrower (or such other mortgagor, trustor, or grantor as may be named therein) in favor of Bank of the West (or Mortgage Electronic Registration Systems, Inc. as nominee for Bank of the West) as beneficiary or mortgagee (the "1st Mortgage /Deed of Trust 00345 8801331794 Page 1 of 3 CF131301 (Rev 8/12) 10/31/2012 13:38:04 2. MATTHEW GEORGE VICKERY, as mortgagor, trustor, or grantor, previously executed and delivered a mortgage /deed of trust on the Real Estate dated AUGUST 18, 2010 in favor of Bank of the West or its predecessor in interest as mortgagee or beneficiary, which mortgage /deed of trust secures payment of a promissory note or credit agreement in the original principal amount of $10,000.00 and was recorded August 31, 2010 as Instrument/Document No. 955269 in Book 753 at Page 36 in the real estate records of Lincoln County, state of WYOMING (the "2nd Mortgage /Deed of Trust 3. Underwriting guidelines for the Mortgage Loan require that the 1st Mortgage /Deed of Trust be the first and superior lien on the Real Estate, despite it being recorded after the 2nd Mortgage /Deed of Trust. Therefore, in consideration of being able to make the Mortgage Loan, Bank of the West, as owner and holder of both mortgages /deeds of trust, hereby subordinates the 2nd Mortgage /Deed of Trust to the 1st Mortgage /Deed of Trust so that henceforth the lien of the 1st Mortgage /Deed of Trust shall be the first and superior lien on the Real Estate and the 2nd Mortgage /Deed of Trust shall hereinafter be a second -lien mortgage /deed of trust, regardless of recording dates. 4. This Subordination is effective only for a mortgage /deed of trust given to secure the first -lien Mortgage Loan made to Borrower by Bank of the West as lender, and shall be void and of no effect in the event Borrower obtains financing to be secured by the Real Estate from any other lender. This Subordination shall be binding on Bank of the West's successors and assigns under either mortgage /deed of trust, even if said instruments are separately assigned to different mortgagees or beneficiaries or the loans secured thereby otherwise transferred to different lenders. ACKNOWLEDGE{utENT 1 JURAT CERTfFfCATE ATTACHED NOV 2 2012 BANK OF THE WEST. a California state banking corporation, Mortgage /Beneficia 2 By '0d Printed Name Sue Crockett President 0034( 8801331794 Page 2 of 3 CFI31301 (Rev 8/12) 10/31/2012 13:38:04 State of California County of Contra Costa ss On NOV 2 2012 before me, NINA FAYE AMOS- RUDULPH, Notary Public personally Appeared SUE CROCKETT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ir. eti 10 19,_, 1( 3 Signature of Notary Public Nina Faye Amos Rudulph (My Commission Expires on: September 10, 2015) NINA PAYE AMOS-RUDULPH Commission 1951704 Notary Public California Contra Costa County IV Comm. Expires Sep 10.2014 Acknowledgment 2008 New California Acknowledgment /C1_tst:'J (Notary Seal) 0034"