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HomeMy WebLinkAbout905843: O(?99 Space above line for recording purposes. RECEIVED 1/12/2005 at 3:28 PM RECEIVING/~ 905843 BOOK: 577 PAGE: 99 JEANNE WAGNER LINCOLN COUNTY CLEI~K, KEMMERER, WY 0049275787 SUBORDINATION AGR[ I.i ~ I E N T NOTICE: This subordination agreement results in your security interest io d~t, pr,,pcrD' becoming subject to and of lower priority than the lien of some other or later security instrument This Agreement is made this 7th day of January 200:;. b~ and between Wells Fargo Bank N.A. a national bank with its headquarters located at 420 .Xlontgomery Street, San Francisco, CA (herein called "Lien Holder"), and Wells Fargo Horn c ~\lortgage, Inc., with its main office located in the State of Iowa (herein called the "Lender"). RECITALS Lien Holder is the beneficiary/mortgagee under a dccd ~l' trust/mortgage, dated January 15, 2003 executed by David S Christie, Robert C Christie and Christine Christie (the "Debtor") which was recorded in the county of Lincoln, St:rte of WY, as Book 511.O.P_R on Page 769 on February 5, 2003 (the "Subordinated Instrument" ~ covering real property located in Alpine, Wyoming in the above-named county of Lincoln. Ntate of Wyoming, as more particularly described in the Subordinated Instrument (thc "l'roperty"). Lot 56 of the Three River Meadows Estates SUbdivision "B", Lira'.In ('ounty, Wyoming as described on the official plat thereof. Lender will make a loan to the Debtor secured by a &.cd of trust/mortgage on the Property .which will be recorded (the "Lender Instrument"). The i.c~dcr Instrument will secure a promissory note/line of credit agreement in the amount o 1' $87,500.00. Lien Holder has agreed to execute and deliver this S t~t,~rdination Agreement. 9/2 7101 090584:3 0i00 ACCORDINGLY, in consideration of the propel 13 and lbr other good and valuable consideration, the receipt and sufficiency of which arc I~crd, y ac 'lmowledged, Lien Holder hereby agrees with Lender as follows: Regardless of any priority otherwise availaNc 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 Instrumc~t. t~ the fifll extent of the sum secured by the Lender Instrument, including ~,~t only principal and interest on the principal indebtedness secured thereby bt~t all other sums secured by the Lender Instrument, excluding non-obligatory l~t~ture advances. Lien Holder warrants to Lender that Lien lh,ldcr presently owns the Subordinated Instrument and indebtedness sec tH'cd thereby, free and clear of all liens, security interests and encumbrances. o This Agreement is made under the laws of thc State of Wyoming. It cannot be waived or changed, except by a writing sig~ ~cd by the parties to be bound thereby. This Agreement is made between I tinier and Lien Holder. It shall be binding upon Lien Holder and the succcss,,rs and assigns of Lien Holder, and shall inure to the benefit of, and shall bc cntbrceable by, Lender and its successors and assigns. Neither the Debto~ l~t~r any other person (except Lender, its successors and assigns), shall bc entitled to rely on, have the benefit of or enforce this Agreement. IN WITNESS WHEREOF, this Subordination Ag rccmcnt is executed on the day and year first above stated. WELLS FAR(;() BANK N.A. 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 purjll~.ses than mlprovement of the land ~ B/j:/Lucy Git','han Title: Vice t'rcsidcnt o£ Loan Documentation 9/2 7/01 STATE OF NEBRASKA) ) SS. COUNTY OF DOUOLAS) The foregoing instrument was acknowledged before mc th is 7th day of January, 2005, by Lucy Gierhan of Wells Fargo Bank N.A. (bank officer name and title) (name of Wells Fargo B;. ~1,, ~ WITNESS my hand and official seal. My commission expires: II ~'~.~,;,.,-~ J~y 3,2007 |[ I[ _'"U~% ............ · Notary Public 9/27/01