HomeMy WebLinkAboutAgr 2010-01-14 (David Fried & Colleen Fried)5s
RECORDING REQUESTED BY:
Fidelity National Title Company
Escrow No.: 09-1021434-JH
Locate No.: CAFNT0921-0938-0009-0000536002
Title No.: 09-536002-KB
When Recorded Mail Document To:
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
APN: 039-221-09 SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT" RESULTS IN THE LIEN ON THE PROPERTY BECOMING SUBJECT TO
AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
THIS AGREEMENT, made January 14, 2010, by David M. Fried and Colleen Peck Fried aka Colleen A. Fried
owner of the land hereinafter described and hereinafter referred to as "Owner," and Town of Tiburon
present lienholder of the Lien created by the Notice of Assessment hereinafter described and hereinafter referred to as
"Lien Holder"
WITNESSETH
THAT WHEREAS, Town of Tiburon, as Lien Holder, executed a Notice of Assessment, dated May 22, 2006, covering:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
in favor of Town of Tiburon as Lien Holder, which the Notice of Assessment was recorded aS instrument no. 2006-
0032193, on May 22, 2006 of 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 $729,750.00, dated January
8"', 2010 in favor of Wells Fargo Bank, NA,, 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
Notice of Assessment above described and to the Lien created thereby; and
WHEREAS; lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon said
land prior and superior to the Notice of Assessment above described and to the Lien created thereby and provided that
Town of Tiburon will specifically and unconditionally subordinate and subject the Notice of Assessment above described, the
Lien created thereby together with all rights and privileges of Town of Tiburon thereunder, to the lien or charge of the deed
of trust in favor of Lender; and
FD-46D (Rev. 12/07)
(subord)(12-07) Page No. 1 of 3
APN : 039-221-09
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to David M. Fried and Colleen Peck
Fried aka Colleen A. Fried; and Lien Holder 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 Notice of Assessment above
described and to the Lien created thereby.
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 land described therein, prior and
superior to the Notice of Assessment above described, to the Lien created thereby and to all rights and
privileges of Lien Holder thereunder, and said Notice of Assessment, the Lien created thereby together
with all rights and privileges of Lien Holder thereunder is hereby subjected, and made subordinate, to the
lien or charge of the deed of trust in favor of Lender.
(2) That Lender would not make its loan above described without this subordination agreement.
(3) That this agreement shall be the whole and only agreement with regard to the subjection and
subordination of the Notice of Assessment above described and the Line created thereby together with all
rights and privileges of Lien Holder thereunder 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
Notice of Assessment and the deed of trust hereinbefore specifically described, any prior agreements as to
such subjection and subordination, including, but not limited to, those provisions, if any, contained in the
Notice of Assessment above described, which provide for the subjection or subordination of said Notice of
Assessment and the Lien created thereby to a deed or deeds of trust or to a mortgage or mortgages.
Lien Holder declares, agrees and acknowledges that:
(a) 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 loan or escrow agreements, between
Owner and Lender for the disbursement of the proceeds of Lender's loan;
(b) 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 part; and
(c) He intentionally and unconditionally waives, relinquishes, subjects and subordinates the Notice of
Assessment above described, the Lien created thereby together with all rights and privileges of Lien
Holder thereunder 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, subjection 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,
subjection, and subordination.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON
THE NOTICE OF ASSESSMENT TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES
THAN IMPROVEMENT OF THE LAND.
FD-46D
(subord) Page No. 2 of 3
APN: 039-221-09
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE
PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
r
David M. Fried
Colleen Peck Fried aka Colleen A. Fried
Town of Tiburon
By:
Title: AA A A-10 6--2~ -
Owner Lien Holder
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
State of California )
County of )
On
personally appeared
before me,
Notary Public (here insert name and title of the officer),
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
(Seal)
State of California )
County of ETA tQ l<~,/ )
On yl V a~--4~ f
before me,
V
Notary Public (here insert name and title of the officer),
personally appeared
76't L 'L 1 I l
who proved to rime on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar&subscribed to the within
instrument and acknowledged to me that be/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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my ha d end i ' ~eal. DIA* CRANE IACOPI
Commission #t 1840513
Signature (Seal) 0WArY Public - CaIHorni#
Morin County
co". hoes Mir 15 .20132
APP OXD> AS TO FO R '"A
FD-46D
(subord) TOWN ATTORNEY Page No. 3 of 3
TOWN OF TIBURON
Escrow No.: 09-1021434-JH
Locate No.: CAFNT0921-0938-0009-0000536002
Title No.: 09-536002-KB
State of CALIFORNIA )
County of SAN FRANCISCO )
On January 15, 2010 before me,
I.WAGNER , Notary Public (here insert name and title of the officer),
personally appeared DAVID M. FRIED AND COLLEEN PECK FRIED AKA COLLEEN A. FRIED
who proved to me on the basis of satisfactory evidence to be the perso s- ; whose n s) are'subscribe _to the within
instrument and acknowledged to me that they executed the same in their authorized capaci ies and that
by them; signatures))on the instrument perso s1, or the entity upon ehalf of which the perso s ± acted,
executed t einstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature (Seal)
I. WAGNER Ilk
Comm. # 1735732 r(~
NOTARY PUBLIC CALIFORNIA
/ CITY & COUNTY OF SAN FRANCISCO r
MY Comm ExP. MAR. 31~201~t ~
(notary)(12-07)
Escrow No.: 09-1021434-JH
Locate No.: CAFNT0921-0938-0009-0000536002
Title No.: 09-536002-KB
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TIBURON, COUNTY OF MARIN, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
LOT 15, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF PORTO MARINO ESTATES", FILED OCTOBER 21, 1964
IN BOOK 12 OF MAPS, AT PAGE 102, MARIN COUNTY RECORDS.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF LOT 15, AS SHOWN ON SAID MAP RUNNING THENCE ALONG THE
SOUTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT, SOUTH 27DEGREE 46'00" WEST 100.78 FEET AND NORTH
44DEGREE 19'00" WEST 30.0 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE AND RUNNING NORTHEASTERLY IN
A DIRECT LINE TO THE POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENT FOR DRAINAGE PURPOSES, 5.0 FEET IN WIDTH, LYING SOUTHEASTERLY OF, ADJACENT TO, PARALLEL
WITH THE NORTHWESTERLY LINE OF LOT 17 AS THE SAME IS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF
PORTO MARINO ESTATES, " FILED FOR RECORD OCTOBER 21, 1964 IN BOOK 12 OF MAPS, AT PAGE 102, MARIN
COUNTY RECORDS.
APN: 039-221-09