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
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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)