HomeMy WebLinkAbout2015-270 1 RESOLUTION NO.2015-270
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE
4 SUBORDINATION OF A DEED OF TRUST IN CONNECTION WITH A REFINANCING O
THE SENIOR MORTGAGE RELATING TO REAL PROPERTY LOCATED AT 3945 DWIGH
5 WAY, SAN BERNARDINO, CALIFORNIA.
6
WHEREAS, on January 9, 2012,the Mayor and Common Council of the City of San Bernardino
7
("Council") adopted Resolution No. 2012-12 confirming that the City of San Bernardino would serve as
8
9 the Successor Agency to the Redevelopment Agency ("Agency") of the City of San Bernardin
10 ("Successor Agency") effective February 1, 2012, pursuant to AB 1 X 26 (The Redevelopment Agency
11 Dissolution Act); and
12 WHEREAS, on January 23, 2012,the Council adopted Resolution No. 2012-19 providing for th
13 City to serve as the Successor Housing Agency and perform the housing functions previously performed
14 by the Agency; and
15
WHEREAS, pursuant to Health & Safety Code Section 34181(c) of ABIX26 the Oversigh
16
Board is to direct the transfer of housing responsibilities, including all rights, powers, duties, obligation
17
18 and assets,to the Successor Housing Agency; and
19 WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB 1484 the restriction
20 on the use of real property such as affordability covenants entered into by the Agency are considered
21 housing asset; and
22 WHEREAS, a Deed of Trust affecting real property located at 3945 Dwight Way, San
23 Bernardino, California("Property") exists as of November 25, 2008, and recorded on December 5, 2008
24
as Instrument Number 2008-0540282 in the Official Records of the County of San Bernardino ("Deed o
25
Trust"); and
26
WHEREAS,the terms of the Deed of Trust allow the Trustor to obtain the release of the security
27
28 interest of the First Mortgage Lender in the Property for the purpose of a third-party lender which
1
I refinances the purchase money mortgage of the First Mortgage Lender; and
2 WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust on which
3 owners (Amanda J Laguna) request the subordination so that they can proceed on a refinance and a Ilea
4
lenders title policy can be provided to the new lender of the Property; and
5
WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is
6
housing asset and/or housing function, and desires to authorize Successor Housing Agency staff t
7
8 transfer all rights and interest in the Deed of Trust to the City in its capacity as the Successor Housing
g Agency; and
10 WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded
11 subordination agreement for the purposes of causing the new third-party lender to have a security interest
12 in the Property senior to that of the Successor Housing Agency; and
13
WHEREAS, the State of California Department of Finance,the County Auditor-Controller of the
14
County of San Bernardino and the Office of the Chief Executive Officer of the County of San Bernardin
15
have been properly notified prior to the adoption of this Resolution.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCI
18 OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY
19 OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, A
20 FOLLOWS:
21 Section 1. Pursuant to Health &Safety Code Section 34176, the Successor Housing Agency
22 to the Redevelopment Agency of the City of San Bernardino does hereby find and determine that the
23
Deed of Trust is a housing asset and hereby authorizes the City Manager or his/her designee, to execute
24
the Subordination Agreement (attached and incorporated herein as Exhibit "A") and cause it to be
25
recorded with the San Bernardino County Recorder.
26
27 Section 2. This Resolution shall take effect from and after its date of adoption and the
28 expiration of five business days from its transmittal to the California Department of Finance.
2
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE
2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE
3 SUBORDINATION OF A DEED OF TRUST IN CONNECTION WITH A REFINANCING O
THE SENIOR MORTGAGE RELATING TO REAL PROPERTY LOCATED AT 3945 DWIGH
4 WAY,SAN BERNARDINO,CALIFORNIA.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
6
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7"' day of
7
December, 2015,by the following vote,to wit:
8
9 Council Members Ayes Nays Abstain Absent
10
MARQUEZ x
11
BARRIOS x
12
13 VALDIVIA x
14 SHORETT x
15 NICKEL x
16 JOHNSON g
17 MULVIHILL x
18 f
c
ate.
19
Georgeann Lfanna, CMC, Ci Clerk
20
The foregoing Resolution is hereby approved this da of Decemb , 2015.
21
22
`! i
Carey Davi , Mayor
23 City of San rnardino
Approved as to Form:
24 Gary D. Saenz, City Attorney
25 �
By: (S' k"
26
27
28
3
.ZfW
RE ORDiNG QUESTED 8Y Electronically Recorded in Official Records,rounty of S"Bernardino 2/1812016
11:41 AM
' 01utir, W t BOB DUTTON NP
AND WHEN RECORDED MAIL DOCUMENT AND ASSESSOR-RECORDER-CLERK
TAX STATEMENT TO:
" 952 Pacific Coast Title
Doc#: 2016-0062718 Titles: 1 Pages: 7
ADDRESS / _ 17 �1n Pees .00
Taxes .00
CrM a c A11 1/i �b PAID 00
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DTT$ SPACE ABOVE FOR RECORDER'S USE ONLY Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENTS TO SAME AS ABOVE
2015-270
RECORDING EQUESTED BY
AND WHEN RECORDED MAIL DOCUMENT AND
TAX STATEMENT TO: t
NAME t--
STREET O�v� �' ✓- '` I
AODRESS
CITY,STATE i '-_^ti � L•1l ,l�L `�
ZIP CODE
DTT$ SPACE ABOVE FOR RECORDER'S USE ONLY
Title of Document
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
MAIL TAX STATEMENTS TO SAME AS ABOVE
2015-270
Recording requested by
PACIFIC COAST TITLE COMPANY
When recorded mail to:
City of San Bernardino,acting in its
capacity as the Successor Housing Agency
to the Redevelopment Agency of
the City of San Bernardino
300 North D Street
San Bernardino,CA 92401
Owner Name: Amanda J.Laguna
3945 Dwight Way
San Bernardino,CA 92404
AVIOSPACE ABOVE THiS LiNE FOR RECORDERS USE.
Form of
SUBORDINATION AGREEMENT
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 this 7th day of December, 2015, by Amanda J. Laguna, Owner of the land
hereinafter described and hereinafter referred to as"Owner,"and the City of San Bernardino,acting hI its capacity as
the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and
holder of the Deed of Trust and Note; �ae� nC�!` 1}J�`�
WITNESSETH � Y
WHEREAS, Owner(s) did on November 25, 2008, execute a Deed of Trust to California Title Company, a
California Corporation,as trustee,covering:
LEGAL DESCRIPTION: The land referred to herein below is situated in the City of San Bernardino,County
of San Bernardino, State of California, and is described as follows: Lot 30 of Tract No.4674, in the City of
San Bernardino,County of San Bernardino,State of California,as shown by map on file in Book 58, Page 35
of Maps,ui the Office of the County Recorder of\ Coin y.
_`6th lntarc�tvlo
to secure a Note in the sum of$84,000 dated November 25,2008, in favor of the Redevelopment Agency of the City
of San Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was
recorded December 5,2008,as Instrument No.2008-0540282,Official Records of%. county;
5an r_&fn(Ay-divio
WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San
Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino
("Successor Beneficiary") pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23,
2012;
WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to
exceed $189,000, dated /%L-�-G -15 hi favor of Greenli$ht Loans a division of Nationstai
Mortgage LLC, 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
1
2015-270
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 herein before 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 Successor Beneficiary will specifically and unconditionally subordinate 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;and
WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and
Successor Beneficiary 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 or the Deed of Trust first above mentioned.
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 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 the 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 to,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.
Successor Beneficiary declares,agrees and acknowledges that:
(a) 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;
(b) Successor Beneficiary 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 make 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
(c) 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
Trust in favor or Lender above referred to.
2
2015--270
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.
City of San Bernardino,acting as the Successor Housing Agency
to the Redevelopment Agency of the City of San Bernardino
l
'k Allen Par r,City Manager Owne
City of San Bernardino
a*'ck Nllh-7• FWk ✓
Owne
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
3
2015-270
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
<.ct^.c��.c<.c���azF^R�^.�i�-�.c�s 3�'2�c�����r"—�,cS� �.�c h^r.n�.r��,t+.cztY��%�+�rac�A•w�n.-�,.�+�e�„e�:+�;h�w f.,i
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California D )
County ofGS/� /7�/YI.O/.G�'�a )
On �P �l/ 4�before me, Q °Date' Here Insert Name a d Title of the cer
personally appeared ��G/7 ✓ T�Ji��
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s)-is/am-
subscribed to the within instrument nd acknowledged to me that he/shl5n ey-executed the same in
his/he>'/t�authorized capacity(i ,and that by his/bell WFsignatureK on the instrument the persoroyr,
or the entity upon behalf of which the persoro-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 nd official seal.
VALERIE R.MONTOYA
`Commission# 1985357
a:; # Notary Public-California D Signature
San Bernardino County
q 2016, Signature of Nota blic
My Comm.Expires Au 2,
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the docu nt or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Docu a Date:
Number of Pages: Signer(s) Other Than Named
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer - Title(s): ❑Corporate Officer - Title(s):
❑Partner - ❑Limited ❑Ge ❑Partner - ❑ Limited ❑General
❑Individual ❑Attor in Fact ❑Individual ❑Attorney in Fact
❑Trustee ardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is resenting: Signer Is Representing:
02014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907
2015-270
Certification
Under the provisions of Government code 27361.711 certify under the penalty of perjury
that the following is a true and correct copy of illegible wording found in the attached
document.
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of_
County of Yl �'Yllx i h D
On bP-em btyy a, Lu�efore me, P� notary public,
personally appeared L✓
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 signatures(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)
Place of Execution ; Redlands, CA
Date: r�- I
Signature
A. McDaniel
2015-270
i
PRELIMINARY REPORT PACIFIC COAST TITLE COMPANY
ESCROW NO.: 10016995-- TITLE NO.: 10016995-OCT-SM
LEGAL DESCRIPTION
EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 30 OF TRACT NO. 4674, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 58, PAGE 35 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
APN: 0155-222-05-0-000
i
I
i
i
i
CLTA Preliminary Report Form—Modified (11/17/06) Page 3
2015-270
1 PROV4De4 T TrTLE Electronically Recorded In OKicial Records,County of San Bernardino 09;4
NP43 AM
AM
BOB DUTTON
When recorded mail to: . ASSESSOR-RECORDER-CLERK
City of San Bernardino,acting in its _
949 Provident Title Company
capacity as the Successor Housing Agency
to the Redevelopment Agency of Doc#: 2016-0000658 Titles: t Pages: 7
the City of San Bernardino Fees .on
300 North D Street Taxes .00
San Bernardino,CA 92401 other .co_
PAID 00
Owner Name: Richard Licone
348 West 13th Street
San Bernardino,CA 92411
�,.�^�"? 8a•} SPACE ABOVE THIS LINE FOR RECORDERS USE.
W 0 Form of
SUBORDINATION AGREEMENT
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 this M day of December, 2015, by (Richard Licone), Owner of the land
hereinafter described and hereinafter referred to as"Owner,"and the City of San Bernardino,acting in its capacity as
the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and
holder of the Deed of Trust and Note;
WITNESSETH
WHEREAS, Owner(s) did on May 21, 2002, execute a Deed of Trust to California Title Company, a
California Corporation,as trustee,covering:
LEGAL DESCRIPTION: That portion of Lot 5 in Block 34 of the Rancho San Bernardino,in the City of San
Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, Page(s) 2, of
Maps,in the office of the County Recorder of said County,and more particularly described as follows:
Beginning at a point 25.00 feet north of the south line of said lot and 225.00 feet west of the east line of said
lot(said east line of Lot 5 being coincidental with the west line of Arrowhead Avenue;thence north 140.00
feet; thence west 25.00 feet; thence north 10.00 feet; thence west 25.00 feet; thence south 150.00 feet to a
point 25.00 feet north of the south line of said lot;thence east to the point of beginning.
Except therefrom all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet
from the surface of said property, but with no right of surface entry, where they have been previously
reserved in instruments of record.
to secure a Note in the sum of$10,790 dated May 21,2002, in favor of the Redevelopment Agency of the City of
San Bemardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was
recorded June 3,2002,as Instrument No.2002-0283066,Official Records o&&"couunty;
WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San
Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino
("Successor Beneficiary") pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23,
2012;
1
2015-270
PROVIDENT TITLE
When recorded mail to:
City of San Bernardino,acting in its
capacity as the Successor Housing Agency
to the Redevelopment Agency of
the City of San Bernardino
300 North D Street
San Bernardino,CA 92401
Owner Name: Richard Licone
348 West 13th Street
San Bernardino,CA 92411
SPACE ABOVE THIS LINE FOR RECORDERS USE.
Form of
SUBORDINATION AGREEMENT
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 this 7th day of December, 2015, by (Richard Licone), Owner of the land
hereinafter described and hereinafter referred to as"Owner,"and the City of San Bernardino,acting in its capacity as
the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and
holder of the Deed of Trust and Note;
WITNESSETH
WHEREAS, Owner(s) did on May 21, 2002, execute a Deed of Trust to California Title Company, a
California Corporation,as trustee,covering:
LEGAL DESCRIPTION: That portion of Lot 5 in Block 34 of the Rancho San Bernardino,in the City of San
Bernardino, County of San Bernardino, State of California, as per map recorded in Book 7, Page(s) 2, of
Maps„in the office of the County Recorder of said County,and more particularly described as follows:
Beginning at a point 25.00 feet north of the south line of said lot and 225.00 feet west of the east line of said
lot (said east line of Lot 5 being coincidental with the west line of Arrowhead Avenue;thence north 140.00
feet; thence west 25.00 feet; thence north 10.00 feet; thence west 25.00 feet; thence south 150.00 feet to a
point 25.00 feet north of the south line of said lot;thence east to the point of beginning.
Except therefrom all oil, gas, minerals, and other hydrocarbon substances lying below a depth of 500 feet
from the surface of said property, but with no right of surface entry, where they have been previously
reserved in instruments of record.
to secure a Note in the sum of$10,790 dated May 21,2002, in favor of the Redevelopment Agency of the City of
San Bernardino first hereinafter described and hereinafter referred to as 'Beneficiary", which Deed of Trust was
recorded June 3,2002,as Instrument No.2002-0283066,Official Records of "county;
WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San
Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino
("Successor Beneficiary") pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23,
2012;
1
2015-270
WHEREAS, Owner has executed, or is about to eXecute, a Deed of Trust and Note in the sum of not to
exceed $81,749, dated Dp(!-gmRFR 2.3 2015, in favor of Brighten Lending, 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 herein before 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 Successor Beneficiary will specifically and unconditionally subordinate 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;and
WHEREAS,it is to ilie mutual be..afit of the parties hereto that-Lender make such loan to Owner; and
Successor Beneficiary 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 Iien 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:
I. 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 or the Deed of Trust first above mentioned.
i
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 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 the 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 to,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.
Successor Beneficiary declares,agrees and acknowledges that:
(a) 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;
(b) Successor Beneficiary 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 make 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
(c) 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
Trust in favor or Lender above referred to.
2
2015-270
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,
City of San Bernardino,acting as the Successor Housing Agency
to the Redevelopment Agency of the City of San Bernardino
Allen Parke ,City TvTanager Ow der
City of San Bernardino P16AaYA 4 mm
Owner
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
3
2015-270
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California /� )
County of z- A,9.di,040
On A&&,—,A .ZO115r- before me,
Date /� f /H/ere Insert Name and Rae of the Offic
personally appeared
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)lwhose name($Ys/ar4
subscribed to the within instrument and acknowledged to me that he/sWtbey-executed the same in
his/herAfwf-authorized capacity(iK,and that by his/heirlfOOr signatureKon the instrument the persorW
or the entity upon behalf of which the person(<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.
VALERIE R.MONT0YA WITNESS my hand d official seal.
Commission# 198535 z
Notary Public-California
a C=ek
San Bernardino county Signature
My Comm.Expires Aug 2,2016 Signature of NotedXubfic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can fumefnt ration of the do ment or
fraudulent reattachment of this form to an unincume
Description of Attached Document
Title or Type of Document: Date:
Number of Page s: Signer(s) Other Than Na bove:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑ eral ❑ Partner — ❑Limited ❑General
❑Individual ❑ ney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer epresenting: Signer Is Representing:
02014 National Notary Association •www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
2015-270
Certification
Under the provisions of Government code 27361.711 certify under the penalty of perjury
that the following is a true and correct copy of illegible wording found in the attached
document.
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of
County of cian Y11
On AW tO t 2ts before me, VaULV�� t� � �/l notary public,
personally appeared ( C
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 signatures(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)
Place of Execution : Redlands, CA
Date: 12 /�l 1
Signature.
A. Mc niel
2015-270
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of Z,4`; iArvzL � )
On 3/a,1 before me, ly,ORO»67 Ae,1,1xv "v
Date Here Insert Name and Title of the Off cer
personally appeared ,�P�cNAR Gi d�'^rte
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(q-whose name(s) Is)are
subscribed to the within instrument and acknowledged to me th t e'/she/they executed the same In
his/her/their authorized capacity(kx#,and that is/her/their signature(#on the instrument the person(a),
or the entity upon behalf of which the person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
NARONG THAMAWATANA is true and correct.
ollry #1974022, Z WITNESS my hand and official se
Notary Public•California A
Los Angeles County °
M Comm.Ex ices 22,-DO
Signatur n~/`
'gnature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: 5*60iZ 0 IN A 716 n/ /1E�UrwIcN/Document Date:
Number of Pages: 3 Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s):
❑Partner — ❑Limited ❑ General ❑ Partner — U Limited ❑General
❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact
❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907
2015-270 I
Certification
Under the provisions of Government code 27361.711 certify under the penalty of perjury
that the following is a true and correct copy of illegible wording found in the attached
document.
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or
validity of that document.
State of Ali
County of, 1
On r ZS Wig beforj m , Iva MU-Th a M W a a hA k(A notary public,
personally a peared V—Impa L
who proved to me on the basis of satisfactory evidence to be the person(s) whose names)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 signatures(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 hue and correct.
WITNESS my hand and official seal
Signature ( SEAL)
Place of Execution ; Redlands, CA
Date: Z s
Signature
A. McDaniel