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Home My WebLink About89315303018n10' RECORDING REQUESTED BY: Fidelity National Lenders Solutions Escrow No. 211703-CF 211703-211703 Title Order No. When Recorded Mail Document To: First Bank Advisors 170 East Broadway Jackson, WY 83002 BOOK... 53~.~PR. PAGE COURTESY RECORDING This document is being recorded solely as a courtesy and accommodation I0 the parties therein. Land fitJe Co. Hereby expressly disclai~ any responsibility or liability for the accuracy content thereof. RECEIVED LINCOLN COUNTY CLERK APN: 36192640018200 89-3153 SUBORDINATION AGREEMENT JF, Nh!F 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 August 11, 2003, by Clay and Lori Seals owner of the land hereinafter described and hereinafter referred to as "Owner," and First Bank of Idaho present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WlTNESSETH THAT WHEREAS, Clay and Lori Seals, did execute a deed of trust, dated January 10, 2002, to First Bank Advisors, as trustee, covering tO secure a note in the sum of $30;000.00; dated January 10, 2002, in favor of First Bank of Idaho, which deed of trust was recorded as instrument no., on January 15, 2002, in book 481 page 366, Official Records of said county; and ' WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $149,800.00 dated , in favor of Citibank, F.S.B., hereinafter referred to as "Lender," payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned tothe lien or charge of the deed of trust in favor of Lender; and FD-46A (Rev. 9/94) CLTA SUBORDINATION "A" INITIAL~ 1,, . (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 1 of 3 APN: 36192640018200 O ~3,1~.5~1~ WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; an neficiary is willing that the 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 deed of trust first 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 deed of trust securing said note in favor of Lender, and any renewals or extensions · thereof, 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 deed of trust above mentioned. (2) (3) That Lender would not make its loan above described without this subordination agreement. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect · the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (b) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any I°an or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; 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 than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the 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) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of t[ust in favor of Lender above referred to. FD-46A (Rev. 9/94) CLTA SUBORDINATION "A" (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 2 of 3 APN:36192640018200 O[~931G{J 6 7~ 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. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. I First Ba~l~k First Bank :)f Idaho Lori ~'eaTs-- v Beneficiary Owner STATE 0 F ~~N~~ COUNTY OF (ALL SIGNATURES MUST BE ACKNOWLEDGED) before me, ~~ C U.bJ.,'5' + ~r~J/~P'l-'~,~,personally appeared 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 person(s) acted, executed the instrument. Witness my hand and official seal. GERALDINE&SCnTT.unT~v~,mm,,, Signature, ~r'-~., "'~. STATE OF COUNTY OF ON before me, ~_!~,~ ~_~L.~[~ 4- ~_~_ t~LOI J[/-~personally appeared 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 person{s) acted, executed the instrument. Witness my hand and official seal. Signature Teton ~ Wyoming FD-46A (Rev. 9/94) CLTA SUBORDINATION "A" (EXISTING DEED OF TRUST TO NEW DEED OF TRUST) Page No. 3 of 3 The roi owing described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to-wit: Lot 39 of Nordic Ranches Division No. 3, Lincoln County, Wyoming, according to that plat filed April 6, 1993 as Plat No. 31 I-B. Known As: 17 Weatheridge Lane, Etna, WY 8'3118. (nlse388025.pfd/NLSE388025/12)