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HomeMy WebLinkAboutSUBORDINATION AGREEMENT_ CLAYTON ANDREWS Page 1 of 3 Clayton Andrews SUBORDINATION OF MORTGAGE/DEED OF TRUST 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 is made this 3 O*'' day of h^2� 2016 By AUGUSTA GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT (hereinafter "Lien- holder")whose address is 925 Laney Walker Boulevard, 2"d Floor,Augusta,GA 30901. AND M&T BANK CORPORATION, a New York state corporation (hereinafter"Lender")whose address is 475 Crosspoint Parkway, Getzville, NY 14068. RECITALS 1. Grantee/Lien-holder now owns or holds interest as grantee/beneficiary of a certain SUBORDINATE MORTGAGE/DEED OF TRUST, dated FEBRUARY 28,2011 and recorded on March 8,2011 as INSTRUMENT NO.2011013311 IN Book 01294 Page 1439 in the office of the Register of Deeds,in and for the County of Richmond,State of GA, in the original amount of$21,554.70 and now showing as a lien on certain premises with a property address of: 1207 Pine Street,Augusta,GA 30901 Which premises are more fully described in Exhibit A attached hereto and incorporated herein by reference ("Property"); 2. Clayton Andrews, ("Owner") is the present owner of the Property and is about to execute a Mortgage/Deed of Trust and Note in the sum of an amount not to exceed$87,708.11 in favor of the Lender. 3. Lender is willing to make such loan to Owner provided that Lender obtains a first lien on the Property and Grantee/Lien-Holder agrees to unconditionally subordinate its lien to the lien in favor of Lender in the manner hereinafter described. Page 2 of 3 Clayton Andrews SUBORDINATION OF MORTGAGE/DEED OF TRUST NOW, THEREFORE, it is agreed that in consideration of one dollar and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Lienholder agrees to subordinate and make Lienholder's Lien subordinate in all respects to M&T Bank's Lien, provided that under no circumstances shall Lienholder's lien be in any position than that of a second lien holder position. Grantee/Lien-holder, AUGUSTA RICHMOND COUNTY, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, further agrees that: 1. Lien-holder, AUGUSTA RICHMOND COUNTY, HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, will not exercise any foreclosure rights with respect to the property and will not exercise or enforce any right or remedy which may be available to Mortgagee with respect to the Property without prior written notice to the Lender M&T BANK CORPORATION. All such notices should be sent to: M&T BANK CORPORATION 475 Crosspoint Parkway Getzville, NY 14068 2. This agreement is made under the laws of the State in which the Property is located. It cannot be waived, changed or terminated, except by a written document signed by both parties. This Agreement shall be binding upon Grantee/Lien-holder and the heirs/representatives, successors and assigns of Lien-holder, and shall inure to benefit of and shall be enforceable by Lender and its successors and assigns: Grantee/Lien-holder waives notice of Lender's acceptance of this Agreement. Page 3 of 3 Clayton Andrews IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above. ATTEST: AUGUSTA, GEORGIA /,By' Date: (a 30 ! Ya /4e/12 Hardie Davis 6//0$ As Its Mayor By: 6 I 0 ' .(/v�� �. Dater , ' •nice Allen Jackson el A is Administrator B : ice• 0 a 4 I Date: 5 1 24 /(p Ha 111 orne Welcher,Jr., Direc'stir Housing & Community Developlent Department 6x / 6 Approved As To Form By: /V �� - ,,�/ Date: � Andrew G. Mackenzie 6 General Counsel EXHIBIT A LEGAL DESCRIPTION ALL that lot, tract or parcel of land, with improvements thereon, situate, lying and being in the County of Richmond, State of Georgia, fronting 47.74 feet,more or less, on the West side of Pine Street, and extending back on its northerly boundary line of 71.41 feet, more or less, and extending back on its southerly boundary line 68.93 feet, more or less, with a rear width of 51.24 feet, more or less. Being known and designated as lot three on a plat prepared by Southern Land Surveyors, Inc. on January 5, 2010 and recorded in the office of the Clerk of Superior Court of Richmond County, Georgia, in Realty Book 6, Page 5; reference is made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. Said property is conveyed subject to Neighborhood Covenants and Restrictions provided for Heritage Pine, recorded in Book 1292, Page 1122. Map and Parcel No.: 046-4-750-01-1