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HomeMy WebLinkAbout974480Above This Line for Recorder's Use Only RECORDING REQUESTED BY Return To: j 4 4 13atc" A Lenders Processing Services Company West Coast Recording Department 700 Cherrington Parkway Coraopolis, PA 15108 Citibank Account 113100801373000 A.P.N.: Order No.: Escrow No.: SUBORDINATION AGREEMENT RECEIVED 12/11/2013 at 3:52 PM RECEIVING 974480 BOOK: 825 PAGE: 208 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY €x 0 8 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 AGREEMENT, made this _15th_ day of October 2013 by David R. Daniel and Owner(s) of the land hereinafter describe and hereinafter referred to as "Owner," and Citibank, NA present owner and holder of the mortgage or deed of trust and related note first hereinafter described and hereinafter referred to as "Creditor." SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE CONTINUATION OF SUBORDINATION AGREEMENT 09 Said lien was modified recorded 7/10/2010 Book 750 Page 92 -95 To secure a note in the sum of $150,000 dated _February__ _12, _2007, in favor of Creditor, which mortgage or deed of trust was recorded on February_ 26_, _2007 in Book 649 Page 686 -693 and /or Instrument in the Official/ Records of the Town and /or County of referred to in Exhibit A attached hereto; and WHEREAS, Owner has executed, or is about to execute, a mortgage or deed of trust and a related note in a sum not greater tan $_338,865 to be dated no later than be i.cs�e e 3 ,1013 in favor of W e lar f<ifih k U 4 hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which mortgage or deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said mortgage or deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and superior to the lien or charge of the mortgage or deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the mortgage or deed of trust securing the same is a lien of charge upon the above described property prior and superior to the lien of charge of the mortgage or deed of trust first above mentioned and provided that Creditor will specifically and unconditionally subordinate the lien or charge of the mortgage or deed of trust first above mentioned to the lien or charge of the mortgage or deed of trust in favor of Lender; and WHEREAS, it is the mutual benefit of the parties hereto that Lender make such loan to Owner; and Creditor is willing that the mortgage or deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the mortgage or deed of trust in favor of the Creditor above mentioned. 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: (1) That said mortgage or deed of trust securing said note in favor of Lender shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the mortgage or deed of trust in favor of the Creditor first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the mortgage or deed of trust in favor of the Creditor first above mentioned to the lien or charge of the mortgage or deed of trust in favor of the Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the mortgages or deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the mortgage or deed of trust in favor of the Creditor first above mentioned, which provide for the subordination of the lien or charge thereof to another mortgage or deed of trust to another mortgage or deed of trust. SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE Creditor declares, agrees and acknowledges that CONTINUATION OF SUBORDINATION AGREEMENT 0210 (a) It consents to and approves (i) all provisions of the mortgage or deed of trust and the related note in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in 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 that those provided for in such agreements shall not defeat the subordination herein made in whole or part; (c) It intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the mortgage or deed of trust in favor of the Creditor to the lien or charge upon said land of the mortgage or deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination 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; and (d) If requested by Lender, an endorsement has been placed upon the note secured by the mortgage or deed of trust first above mentioned in favor of the Creditor that said mortgage or deed of trust has by this instrument been subordinated to the lien or charge of the mortgage or deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. SUBORDINATION AGREEMENT CONTINUED ON NEXT PAGE CONTINUATION OF SUBORDINATION AGREEMENT CREDITOR: Citibank, NA d By Prin d Name _Jo Ann Bibb Title Assistant Vice President (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS AGREEMENT, THE PARTIESCONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. STATE OF Missouri County of St. Charles Witness my hand and official seal. Ss. Oklitil MIN `v` \v\��� GEHR /N0 fill*, :,:4 A -(9 0 i $SION EV e() 0 30 0 t Ci c 3, :mo P'1. =•k NOT PO SE SUBORDINATION AGREEMENT CONTI 'DON NEXT PAGE e4 9 AV gCIC ��0r /69!t iili9i9� SI. P 0 1 On _October 15th 2013, before me Kevin Gehring personally appeared Jo Ann Bibb Assistant Vice President of Citibank, NA Personally known to me (or 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 pe son(s) acted, executed the instrument. Not ry j blic in said County and State OWNER: 0 01 CONTINUATI Printed Name David R. Daniel Title: Printed Name Title: (ALL. SIG IT IS RECOMMENDED THAT, P PARTIESCONSULT WIT STATE OF County of On b..e, LeenI�c,� 7 Vel d l�� whose name(s) is /are subscribed to the executed the same in his /her /their autho instrument the person(s), or the entity up Witness my hand and official seal. tee: M. JOY NOTARY PUBLIC STATE OF WYOMING N OF SUBORDINATION AGREEMENT Ss. Printed Name Title: Printed Name Title: ATURES MUST BE ACKNOWLEDGED) IOR TO THE EXECUTION OF THIS AGR THEIR ATTORNEYS WITH RESPECT TH EMENT, THE RETO. 0212 before me i Gb,t 1 J1 personally appeared and 'thin instrument and acknowledged to me t at he /she /they ized capacity(ies), and that by his /her /their s gnature(s) on the n behalf of which the person(s) acted, exec ted the instrument. m otary Public in said Co tate Customer Reference No. 17443395 Exhibit "A" 0 `z .,,3 Lot 30 of the Broken Wheel Ranch Subdivision, Lincoln County, Wyoming, as described on the official plat thereof. PIN #36191510200800 ALTA Commitment (2006)