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HomeMy WebLinkAboutSUBORDINATION AGREEMENTS_ TOI JACKSON_ 4114 WANDERING WAY Recording Requested By& When Recorded Mail To: Carrington Title Services,LLC 6200 Tennyson Parkway, Suite 110 Plano,TX 75024 Title Order No. 68794MLD SUBORDINATION AGREEMENT APN: 1670527010 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 ,20 ,by TOI JACKSON,Owners of the land hereinafter described and hereinafter referred to as"Owners",and AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT,present Owner and holder of the mortgage and note first hereinafter described and hereinafter referred to as"Beneficiary"; WITNESSETH THAT WHEREAS,TOI JACKSON did execute a mortgage dated 11/30/2015,covering real property known as 4114 Wandering Way,Augusta,GA 30906,County of Richmond,State of Georgia: All that lot or parcel of land,together with improvements thereon, situate,lying and being in the State of Georgia, County of Richmond,being known and designated as Lot 44,Parcel A, Section 3-F of Woodvalley Estates Subdivision upon a plat thereof prepared for C.J. Singleton by Ayercorp Engineers,dated April 20, 1995, filed for record in the office of the Clerk of Superior Court of Richmond County,Georgia in Realty Reel 489,Pages 1404-1405;reference is hereby made to plat for a more complete and accurate description as to the metes,bounds and location of said property. to secure a note in the original sum of$2,500.00 dated 11/30/2015,in favor of AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT which mortgage was recorded on 01/20/2016,in Book 01516 Page 0989,Official Records of said county; and WHEREAS,Owner has executed,or is about to execute,a mortgage and note in the sum not to exceed$84,893.00, Loan#1701360339,dated ,in favor of CARRINGTON MORTGAGE SERVICES, LLC.,its successors and/or assigns,as their interest may appear,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 APN: 1670527010 WHEREAS, it is a condition precedent to obtaining said loan that said mortgage 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 lien or charge of the mortgage first above mentioned;and WHEREAS, lender is willing to make said loan provided the mortgage securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the mortgage first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of Lender;and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner: and Beneficiary is willing that the mortgage 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 mortgage 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: Augusta, Georgia Housing And Community Development Department agrees to subordinate and make their Lien subordinate in all respects to Carrington Mortgage Services, LLC's Lien, provided that under no circumstance shall Augusta,Georgia Housing And Community Development Department's lien be in any lower position than that of a third lien holder position. That said mortgage 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 of the mortgage first above mentioned. That Lender would not make its loan above described without this subordination agreement. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the mortgages hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the financing statement 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. Beneficiary declares,agrees and acknowledges that He/She/They consent(s) to and approves (i) all provisions of the note and mortgage 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; 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 who 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; He/She/They intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the mortgage first above mentioned in favor of the lien or charge upon said land of the mortgage 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 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 and subordination;and An endorsement has been placed upon the mortgage first above mentioned that said mortgage has by this instrument been subordinated to the lien or charge of the mortgage in favor of Lender above referred to. APN: 1670527010 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. IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Signed,sealed and delivered in the presence of: AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPME - NT DEPARTMENT WITNESS SIGNATURES: By ct".•/L` H•iii IE DAVIS,as its Mayor A — Witness#1 By: AU._ �i r: A' LA.,____ J• ip ! ALLEN JAC Printed Name as • • dministrator By:,„ _s_. .101".... Witness#2 HAT 1 RNE WELC :2"'• i irector Housing : Community Develo, 'nt Department Printed Name Approved as to form By: /�/[' / / Date: V)U h ANDREW .MA 'KE'A ZIE,General Counsel nn (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF b•2Ocio1 GL, COUNTY OFA;Qh mond I, ,NQ-cash a 1,,i(,' ( , a Notary Public in and for the state of Georgia [or other officer, as the case may be], residing in the county nd state aforesaid, do certify that Hardie Davis, as the Mayor of August, Georgia, Janice Allen Jackson, as ' s Administrator, and Hawthorne Welcher, Jr., as Director of AUGUSTA, GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT,who are personally known to me, this day appeared before me personally and did acknowledge that they did sign, seal, and deliver the foregoing instrument of their own free will and accord,for the purposes therein named and expressed. In Witness Whereof, I have hereunto set my hand and official seal,this iL day of , 20 11 . Witness my hand and official seal, Signature LA 144IL/ 11(1"t A /i '`�,`oWiCFq `4*i IV Conn on Expires May 25,2019 0 �Q t1AAj ' s ' Prepared By: N. a�.. Express Legal Dox,LLC c/o Buddy Huntley,Esq. �. PUt3� er''4 4.6 40 Peachtree Valley Rd, Suite 2233,Atlanta GA 30309 '•`N O +�•` ssBONDG .* Recording Requested By& When Recorded Mail To: Carrington Title Services,LLC 6200 Tennyson Parkway, Suite 110 Plano,TX 75024 Title Order No. 68794MLD SUBORDINATION AGREEMENT APN: 1670527010 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 ,20 ,by TOI JACKSON,Owners of the land hereinafter described and hereinafter referred to as"Owners",and AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT,present Owner and holder of the mortgage and note first hereinafter described and hereinafter referred to as"Beneficiary"; WITNESSETH THAT WHEREAS,TOI JACKSON did execute a mortgage dated 11/30/2015,covering real property known as 4114 Wandering Way,Augusta,GA 30906,County of Richmond,State of Georgia: All that lot or parcel of land,together with improvements thereon,situate,lying and being in the State of Georgia,County of Richmond,being known and designated as Lot 44,Parcel A,Section 3-F of Woodvalley Estates Subdivision upon a plat thereof prepared for C.J. Singleton by Ayercorp Engineers,dated April 20, 1995,filed for record in the office of the Clerk of Superior Court of Richmond County,Georgia in Realty Reel 489,Pages 1404-1405;reference is hereby made to plat for a more complete and accurate description as to the metes,bounds and location of said property. to secure a note in the original sum of$5,000.00 dated 11/30/2015,in favor of AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT which mortgage was recorded on 01/20/2016,in Book 01516 Page 0986,Official Records of said county; and WHEREAS,Owner has executed,or is about to execute,a mortgage and note in the sum not to exceed$84,893.00, Loan#1701360339,dated ,in favor of CARRINGTON MORTGAGE SERVICES, LLC.,its successors and/or assigns,as their interest may appear,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 APN: 1670527010 WHEREAS, it is a condition precedent to obtaining said loan that said mortgage 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 lien or charge of the mortgage first above mentioned;and WHEREAS, lender is willing to make said loan provided the mortgage securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the mortgage first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of Lender;and WHEREAS,it is to the mutual benefit of the parties hereto that Lender make such loan to Owner: and Beneficiary is willing that the mortgage 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 mortgage 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: Augusta, Georgia Housing And Community Development Department agrees to subordinate and make their Lien subordinate in all respects to Carrington Mortgage Services, LLC's Lien, provided that under no circumstance shall Augusta,Georgia Housing And Community Development Department's lien be in any lower position than that of a second lien holder position. That said mortgage 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 of the mortgage first above mentioned. That Lender would not make its loan above described without this subordination agreement. That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the mortgages hereinbefore specifically described, any prior agreement as to such subordination including, but not limited, those provisions, if any, contained in the financing statement 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. Beneficiary declares,agrees and acknowledges that He/She/They consent(s) to and approves (i) all provisions of the note and mortgage 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; 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 who 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; He/She/They intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the mortgage first above mentioned in favor of the lien or charge upon said land of the mortgage 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 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 and subordination;and An endorsement has been placed upon the mortgage first above mentioned that said mortgage has by this instrument been subordinated to the lien or charge of the mortgage in favor of Lender above referred to. APN: 1670527010 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. IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Signed,sealed and delivered in the presence of: AUGUSTA,GEORGIA HOUSING AND COMMUNITY DEVELOPMENT 1 , ' • 'T )ENT WITNESS SIGNATURES: By. HARD AVIS,as its Mayo Witness#1 By: Al i!J U ' 11 , JANIC r LEN JAC ON Printed Name as its • ta,4 1.1._,i'strator By: _VIII Witness#2 HAW OI E WELCHER, ' Housing& ommunity Developme 1 i • 'artment Printed Name Approved as to f9r�m�By: I;/u n)e4 Date: I( 2 Ii X 7 ANDREW.MACKENZIE General Counsel (ALL SIGNATURES MUST BE ACKNOWLEDGED) STATE OF &O'.9 i C2_ COUNTY OF r 1 en moncl I, N a�Qsha lAcTart ,a Notary Public in and for the state of Georgia[or other officer, as the case may be], residing in the county a d state aforesaid, do certify that Hardie Davis, as the Mayor of August, Georgia, Janice Allen Jackson, as ' Administrator, and Hawthorne Welcher, Jr., as Director of AUGUSTA, GEORGIA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT,who are personally known to me,this day appeared before me personally and did acknowledge that they did sign, seal,and deliver the foregoing instrument of their own free will and accord,for the purposes therein named and expressed. In Witness Whereof,I have hereunto set my hand and official seal,this I Litay of , 201 1. Witness my hand and official seal, 1 /1441 %O;°go, INICP4 + Signature ;,��@ma ,„•°"... R��+•.. *Commission Expires ht;y 25,,�31 •• lel a A!/B�•,C' c: Prepared By: ++ .k.. Express Legal Dox,LLC do Buddy Huntley,Esq. ++• _14b 40 Peachtree Valley Rd,Suite 2233,Atlanta GA 30309 I,*PNo�CO5 % �I,.$400