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HomeMy WebLinkAbout893689Account Number 038005796 WHEN RECORDED MAIL TO: Homecomings Financial Network, Inc. 2711 N: Haskell Avenue, Suite 900 Dallas, TX 75204 Attn.: Correspondence Department 893689 TIlE SUBORDINATION IS NOT VALID FOR RECORDING AFTER NINETY (90) DAYS FROM THE DATE FIRST APPEARING BELOW. ANY CItANGES TO THIS DOCUMENT WITHOUT PRIOR WRITTEN SUBORDINATING LENDER APPROVAL WILL RENDER THIS SUBORDINATION NULL AND VOID. SPACE ABOVE THIS LINE FOR RECORDER'S USE Subordination Agreement THIS SUBORDINATION AGREEMENT ("Agreement") is made this 10 September, 2003, by The Chase Manhattan Bank as Indenture Trustee, Residential Funding Corporation, Attorney in Fact ("Subordinating Lender"). WHEREAS, Larry J Deason and Ronda K Deason ("Borrower"), whether one or more, executed a note in the original principal sum of $46,500.00 dated 02/12/1999, secured by a deed of trust or mortgage of even date therewith in favor of FCMC INC. covering property located at 1505 Garnet Street, Kemmerer, WY 83101, ("Property") recorded on 03/23/1999, as Book~ Page 591, in Official Records of said County; and WHEREAS, the note and deed of trust or mortgage have been assigned to Subordinating Lender; and WHEREAS, Borrower has executed, or is about to execute, a deed of trust or mortgage and note not to exceed the sum of $67,100.00 ("New Loan") in favor of Wells Fargo Home Mortgage, Inc. ("New Lender"); and WHEREAS, New Lender is willing to make the New Loan provided the deed of trust or mortgage securing same is a lien or charge upon the Property prior and superior to the lien or charge of the deed of trust held by Subordinating Lender, and provided that Subordinating Lender will specifically and unconditionally subordinate its lien to the lien or charge of the deed of trust or mortgage in favor of New Lender; and WHEREAS, it is to the mutual benefit of the Borrower, New Lender and Subordinating Lender that New Lender make such New Loan to Borrower; and Subordinating Lender is willing that the deed of trust or mortgage securing same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge held by Subordinating Lender. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in order to induce New Lender to make the New Loan, it is hereby declared, understood and agreed as follows: ,,.;,~,:.;... · .'9:::::::. 794 Account Number 038005796 Borrower Name Larry J Deason and Ronda K Deason Subordination Agreement Page 2 of 2 The deed of trust or mortgage securing the New Loan in favor of New Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to Subordinating Lender's lien or charge. 2. New Lender would not make its New Loan without this Agreement. 3. This Agreement shall be the whole and only agreement with regard to the subordination of the Subordinating Lender's lien or charge to the New Lender's lien or charge. The Chase Manhattan Bank as Indenture Trustee, Residential Funding Corporation, Attorney in Fact, by and through its attorney in fact, Residential Funding Corporation By: Scott G. Tenery ~-~ Assistant Vice President ACKNOWLEDGMENT BY SUBORDINATING LENDER State of Texas County of Dallas On this, the 10 September, 2003, before me, a Notary Public, personally appeared Scott G. Tenery, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in her authorized capacity as Assistant Vice-President of Residential Funding Corporation, for the purposes and consideration therein expressed, as the act and deed of said corporation. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public (Notary Seal)