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HomeMy WebLinkAbout897662'Space above line for recording purposes. RECEIVED.-, LINCOLN COUNTY CLERK SUBORDINATION AGREEMENT NOTICE: This subordination agreement results in your security interest In the property becoming subject to and of lower priority than the lien 0fsome other or later security instrument This Agreement is made this 3rd day of March 2004, by and between Wells Fargo Bank N.A. a national bank with its headquarters located at 420 Montgomery Street, San Francisco, CA (herein called "Lien Holder"), and Wells Fargo Home Mortgage, Inc., with its main office located in the State of Iowa (herein called the "Lender"). RECITALS Lien Holder is the beneficiary/mortgagee under a deed of trust/mortgage, dated January 29, 2003 executed by Lamont JohnsOn AKA Lamont Lund and Deborah K Johnson AKA Deborah Kay Johnson, Tenants By The Entireties (the "Debtor") which was recorded in the county of Lincoln, state of Wyoming, as Book 513 Page 237 on February 3, 2003 (the "Subordinated Instrument") covering real Property located in Auburn, Wyoming in the above- named county of Lincoln, State of Wyoming, as more particularly described in the Subordinated Instrument (the "Property"). A PORTION OF THE NWl4 SE/4 OF SEOTION 31~, T33N RllgW, §TH P.M.. WYOMING LOCATED IN OR NEAR AUItURN. LINCOLN COUNTY, V~Y~MING. REING MORE PARTICULARLY · DESCRIBED AS FOLLOW~ I~EGINNING Al AN IRON PIPE IdONLMENT FOUND AT THE CENTER OUARTER CORNER OF SAID SECTION, BEINO'AL~O IN COUNTY ROAD NO, 1'32 THENCE RUNNING N 8g DEGREES §B MINUTES 10 GECONOE, E, ALONG THE NORTH LINE OF SAID ~;EI4, A DISTANCE OF 16'~28 FEET THENCE SOUTH 200.82 FEET THENCE WEST 10'/.28 FEET THENCE NORTHERLY ALONG LAST SAID CENTERLINE, A OI.qTANCE OF , APPROXIMATELY 200,1t2 FEE1' TD THE POINT' OF.BEGINNING, Lender Will make a loan to the Debtor secured by adeed of trust/mortgage on the Property which will be recorded (the "Lender Instrument"). The Lender Instrument will secure a promissory note/line of credit agreement in the amount of $77950.00. and was recorded February 26, 200-3 in Bb0k 513PR on page 641. Lien Holder has agreed to execute and deliver this Subordination Agreement. 9/2 7/01 ACCORDINGLY, ill consideration of the property and for other good and valuable consideration, the receipt and sufficiency of which are herebY acknowledged, Lien Holder hereby agrees with Lender as follows: Regardless of any priority otherwise available to Lien Holder, the lien of the Subordinated Instrument is, shall be and shall remain fully subordinate for all purposes to the lien of the Lender Instrument, to the full extent of the sum secured by the Lender Instrument, including not only principal and interest on the principal indebtedness secured thereby but all other sums secured by the Lender Instrument, excluding non-obligatory fitture advances. Lien Holder warrants to Lender that Lien Holder presently owns the Subordinated Instrument and indebtedness secured thereby, free and clear of all liens, security interests and encumbrances. o This Agreement is made under the laws of the State of Wyoming. It cannot be waived or changed, except by a writing signed by the parties to be bound thereby. This Agreement is made between Lender and Lien Holder. It shall be binding upon Lien Holder and the successors and assigns of Lien Holder, and shall inure to the benefit of, and shall be enforceable by, Lender and its successors and assigns. Neither the Debtor nor any other person (except Lender, its successors and assigns), shall be entitled to rely on, have the benefit of or enforce this Agreement. IN WITNESS WHEREOF, this Subordination Agreement is executed on the day ' and year first above stated. WELLS FARGO BANK WYOMING 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 By: Janice McCalla Title: Vice President Loan Documentation 9/2 7/01 STATE OF NEBRASKA) )SS. COUNTY OF DOUGLAS) The foregoing instrument was acknowledged before me this 3rd day of March, 2004, by Janice McCalla of Wells Fargo Bank N.A. (bank officer name and title) (name of Wells Fargo Bank) WITNESS my hand and official seal. My commission expires: Notary Public 7 9/27/01