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Home My WebLink About975294RECORDING REQUESTED BY: Horne Equity Service Center 1 Mortgage Way PO Box 5449 Mount Laurel, NJ 08054 Attn: Mailstop DC Prepared by: Mark Donohue Loan Number: 6006274952 %bs III III III! II 11111 SUBORDINATION AGREEMENT 975294 2/18/2014 2:18 PM LINCOLN COUNTY FEES: 524.00 PAGE 1 OF 5 BOOK: 828 PAGE: 234 AGREEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK VIII VIII I III II III IiIII 11 This Agreement, made November 26, 2013 by Kevin Wayne Nicotera and Jami Ka Nicotera, husband and wife, as owner(s) of the land hereinafter described "Owner and Wells Fargo Bank, N.A. As Indenture Trustee for MSCC HELOC TRUST 2007 -1, as present owner and holder of the Note and beneficiary of the MORTGAGE first hereinafter described; WITNESSETH WHEREAS, In order to secure a loan in the principal amount of $10,000.00 plus interest thereon, Owner did execute a MORTGAGE in favor of Discover Bank dated 06/17/2006 which MORTGAGE was recorded on 06/29/2006, as Book 625 Page 24, and whereas said MORTGAGE was assigned to Morgan Stanley Private Bank N.A as Successor by Merger to Morgan Stanley Credit Corporation, by assignment recorded on 04/30/2013, in Book 810 Page 288, and whereas said MORTGAGE was assigned to Wells Fargo Bank, N.A. As Indenture Trustee for MSCC HELOC TRUST 2007 -1, by assignment recorded on 04/30/2013 in Book 810 Page 289 in the official records in the County of Monmouth, State of NJ, covering the premises at 417 Beech Avenue, Kemmerer, WY 83101 -3325, more particularly described in Exhibit "A" attached hereto and made a part thereof by reference; and WHEREAS, Bank of America, N.A. "Lender is about to make a loan through a promissory note to Owner, secured by a MORTGAGE on and covering the above described premises; and WHEREAS, Lender is willing to make such loan, provided that the MORTGAGE held by MSCC HELOC TRUST 2007 -1 is subordinated to the lien of the MORTGAGE about to be made in favor of Lender as set forth above. NOW THEREFORE, in consideration of the premises and other valuable consideration, the receipt of which is hereby acknowledged, IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED as follows: 1. MSCC HELOC TRUST 2007 -1 and Owner hereby covenant, consent and agree that the above mentioned MORTGAGE held by MSCC HELOC TRUST 2007 -1 is and shall continue to be subject and subordinate in lien to the lien of the MORTGAGE about to be made in favor of Lender and Lender's MORTGAGE shall continue to be a lien prior to and superior to the lien of the MORTGAGE in favor of MSCC HELOC TRUST 2007 -1. 2. MSCC HELOC TRUST 2007 -1 and Owner declare and acknowledge that they intentionally subordinate the MORTGAGE in favor of MSCC HELOC TRUST 2007 -1 to the MORTGAGE in favor of Lender, and understand in reliance upon and in consideration of this subordination, Lender will make its loan to Owner and Lender would not make said loan but for this subordination. 3. Such subordination shall be for the principal sum of said note of Lender and accrued interest thereon, and other costs and fees as set forth in Lender's MORTGAGE and said Note, but shall not apply to future advances whether pursuant to a Future Advance clause or otherwise, provided, however, that the maximum amount subordinated by this Agreement shall be the sum of $86,750.00. Q. fair. 7.. /zt'7 v13 1, c 7 u1c-• 4 94 1 i' Page 1 of 3 J Full Screen Image Viewer 4. This Subordination Agreement contains the whole agreement between the parties hereto as to the priority of the MORTGAGE held by MSCC HELOC TRUST 2007 -1 and the MORTGAGE about to be made in favor of Lender, and there are no other agreements, written or oral, outside and separate from this Agreement, and all prior negotiations, if any, are merged with this Agreement. In WITNESS WHEREOF, MSCC HELOC TRUST 2007 -1 and Owner have executed this Agreement on the day and year first above written. Wells Fargo Bank, N.A. As Indenture Trustee for MSCC HELOC TRUST 2007 -1 By: PHH Mortgage Corporation As attorney in fact for Morgan Stanley Mortgage Capital Holdings, LLC By Printed Name: Brian LaForest Its: Vice President OWNER: L. i /t t u�ts'Lt Printed Name: Kevin Wayne icotera OWNER: Jain// l VIC(/ll,rg Printed Name: Jami Ka Nicotera STATE OF NEW JERSEY SS COUNTY OF BURLINGTON On this November 26, 2013 before me the undersigned personally appeared Brian LaForest known to me to be Vice President or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. e tary Public, State of New Jersey My Commission Expires: 03 /11/2018(This area for official notary seal) Loan Number: 6006274952 +'13e3 P: :ge: 2 J NICOLE STREAtER Commissron b 2431021 Notary Public. State of New Jots My Commiss on Exp,res torch 11 2018 y Page 1 of I https: net /smsfast /ima g ing_WLI/ pub /pages /preyiewv.html ?isSingle =1 &Reposi... 12/1 6/20 13 4. This Subordination Agreement contains the whole agreement between the parties hereto as to the priority of the MORTGAGE held by MSCC HELOC TRUST 2007 -1 and the MORTGAGE about to be made in favor of Lender, and there are no other agreements, written or oral, outside and separate from this Agreement, and all prior negotiations, if any, are merged with this Agreement. In WITNESS WHEREOF, MSCC HELOC TRUST 2007 -1 and Owner have executed this Agreement on the day and year first above written. Wells Fargo Bank, N.A. As Indenture Trustee for MSCC HELOC TRUST 2007 -1 By: PHH Mortgage Corporation As attorney in fact for Morgan Stanley Mortgage Capital Holdings, LLC By: Printed Name: Brian LaForest Its: Vice President OWNER: cr`r 04 CC LA f•fri" P---AA Printed Name: Kevin Wayne Nicotera OWNER: -rt iki L Lcv+tl'42A9r71 Printed Name: Jami Ka Nicotera STATE OF NEW JERSEY SS: COUNTY OF BURLINGTON On this November 26, 2013 before me the undersigned personally appeared Brian LaForest known to me to be Vice President or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed in his /her capacity, and that by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. tary Public, State of New Jersey My Commission Expires: 03/11/2018(This area for official notary seal) Loan Number: 6006274952 Page 2 of 3 NICOLE Commissi T# 2431021 Notary Public, Stare of New Jersey My Commission Expires March 1 1 2018 Full Screen Image Viewer Notary Pu STATE OF I //1 SS: COUNTY OF OP! /1 tit) On this (G day of �CC/)t5.;1 C/ before me the undersigned Plieotera and Jinni Ka Nicotera B pe ba basis y of appeared Kevin ence to me, be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she c he exec ted in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WITN S3"my han1`f..ffcial seal. My Commission Expires: Loan Number: 6006274052 l02 Y! V (This area of official notary seal) Page 3 of 3 Page: 3 Tamey Peternal Notary Public County of 1 State of Lincoln' J Wyoming 1�d /y My Commission Expires Page 1 of 1 6 hops: /fast.firstam .net /sm sfast /imaging WB /pub/ pages preview .html ?isSingle= 1 &Reposi... 12/16/2013 8052209n EXHIBIT 'A' File No.: 8052209n (MW) Property: 417 BEECH AVE, KEMMERER, WY 83101 -3325 Lot 8 of Block 1 of Sunset Subdivision to the City of Kemmerer, Lincoln County, Wyoming as described on the offical Plat thereof. A.P.N. 2116 144 -12- 109 -00 NICOTERA 47988084 FIRST AMERICAN ELS SUBORDINATION AGREEMENT 11 1 1 111 4. 111 1 1 1 11 11 11 1 11WRI III I t l ICI WY 1 I HEN REC'ORDI,D, RE71 'RV 7'O: FIRST AMERICAN TITLE INSURANCE CO. 1100 SUPERIOR AVENUE, SUITE 200 CLEVELAND, OHIO 44114 NATIONAL RECORDING 1 of 1