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HomeMy WebLinkAbout975724This Instrument Prepared by: Sharon Harper First Tennessee Bank National Association, Grantor P.O. Box 132 Memphis, TN 38101 975724 3 /27/2014 3:23 PM LINCOLN COUNTY FEES: $21.00 BOOK: 829 PAGE: 570 AGREEMENT PAGE JEANNE WAGNER, LINCOLN COUNTY CLERK 1 111/111111111 II /1 III IN 11111111 1111 111111111 1 /111 /1111 I /III 1111 I/ 1 III /III I III SUBORDINATION AGREEMENT RECITALS: 1 OF WHEREAS, Jack Richins and Carrie Richins, Husband and Wife (hereinafter singly or collectively "Borrower is the owner of the following described real property described below or in Exhibit "A" attached hereto, and having a street address as follows (the "Property 296 Gallup Dr Etna, WY 83118 AND WHEREAS, the said Borrower has made application for a closed —end mortgage loan "New Loan in an amount not to exceed $236,000.00 from Nationstar Mortgage LLC (the "Grantee whose address is: 2330 Commerce Park Drive N E Suite 2, Palm Bay, FL 32905 to be evidenced by a Deed of Trust Mortgage which shall be a lien or charge on the Property. AND WHEREAS, the undersigned, First Tennessee Bank National Association and its divisions, FIRST HORIZON EQUITY LENDING and FIRST HORIZON MONEY CENTER (collectively, "Grantor has an interest in or lien upon the Property as follows: (Mortgage) As Mortgagee under a Mortgage Recorded October 5, 2007 at Book 674, Page 764; Official Records of Lincoln County, State of Wyoming. 233 07- Feb -14 As a condition of making the New Loan, the Grantee has required the Borrower to execute a Deed of Trust/Mortgage on the Property securing repayment of the New Loan (the "New Deed of Trust/Mortgage"), which, upon execution and recordation of this Agreement, and subject to the conditions and limitations set out below, shall have a superior lien position to that of Grantor on the Property. Subordination Agreement Revision 11.02 FHEL /FHMC AGREEMENTS: NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby agrees as follows: 1. Grantor hereby agrees to subordinate the lien of its Deed of Trust/Mortgage to the lien of the New Deed of Trust/Mortgage, subject to the following conditions. This Subordination is limited solely to the New Deed of Trust/Mortgage and is effective ONLY to the extent to which the New Deed of Trust/Mortgage is a valid, enforceable and properly recorded mortgage lien instrument. This Agreement shall be of no force and effect in the event Grantee or its agents fails to satisfactorily perform all acts required to make the New Deed of Trust/Mortgage a valid and enforceable mortgage loan, that is properly recorded in the appropriate land records. 2. This Subordination as described above shall not apply to any future advance of funds to or for the benefit of the Borrower by the Grantee of the New Deed of Trust/Mortgage, except for advances necessary to protect the security of the New Deed of Trust/Mortgage. 3. Nothing in this Agreement shall be deemed to constitute a novation with respect to the debt secured by the Grantor Deed of Trust/Mortgage, nor an extension or modification thereof, nor otherwise affect the rights, remedies or penalties under the Grantor Deed of Trust/Mortgage. 4. This Agreement shall be binding upon and shall inure to the benefit of Grantor and the Grantee and their respective successors and assigns, and any purchaser at any foreclosure sale instituted pursuant to the Grantor Deed of Trust/Mortgage or the New Deed of Trust/Mortgage. 5. This Agreement shall be construed in accordance with the laws of the State of Tennessee. IN WITNESS WHEREOF, Grantor has caused this Agreement tole executed �y �it�s duly authorized day of f_ 2014. representative and Trustee has executed this Agreement on this First Tennessee Bank National Association (Grantor) Side lI Debra D. C. gham Title: Limited Vice President Underwriter Page 2 of 3 STATE OF TENNESSEE COUNTY OF SHELBY Before me, Sharon L Harper the state and county mentioned, personally appeared Debra D. Cottingham, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged such person to be the Limited Vice President Underwriter of First Tennessee Bank National Association, the within named bargainer, a corporation, and that he /she, as such Limited Vice President Underwriter, executed the foregoing instrument for the purpose therein contained, by personally signing the name of the corporation as Limited Vice President Underwriter. WITNESS my hand and official seal on this Prepared by: Sharon Harper First Horizon /First Tennessee Bank 300 Court Avenue Memphis, TN 38103 Subordination Agreement Revision 11.02 FHEL /FHMC ACKNOWLEDGMENT ss: day of ‘611, 20 My Commission expires: Notary Public Page 3 of 3 EXHIBIT A Lot 190 of Nordic Ranches, Division No. 13, Lincon County, Wyoming as described on the official plat thereof Known as: 296 Gallup Drive Etna, WY 83118