02-092 Roland Khera & Farida KheraRECORDING REQUESTED BY
Firss Arnehican Title Guaranty Company
Order No. 714657
Escrow No. 714657
Loan No.
WHEN RECORDED MAIL TO: a.~
The City of Cupertino
10300 TORRE AVENUE
CUPERTINO, CA. 95014
FINANCE DEPT
DOCUMENT: 16394990
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Titles~1 / Pages
Fees.... 16.00
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AMT PAID 16.00
4
BR=NDA DAV1S RDE # 003
SANTA CLARA COUNTY RECORDER 7/31/2002
Recorded at the request of 130 PM
First American Title Company
JrHI.C HOVVt IFIIJ LINE FOR RECORDER'S USE
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 10th day of July, 2002, by Roland Khera and Farida Khera, owner of the land hereinafter described
and herein after referred to as "Owner", and City of Cupertino, pre:~ent owner and holder of the deed of trust and note first hereinafter
described and hereinafter referred to as "Beneficiary' ;
WITNE:~SETH
THAT WHEREAS, Roland Khera and Farida Khera did execute a deed of trust, dated August 13, 1997, to U.S.E. Community
Services Group, a California Corporation, as trustee covering:
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
to secure a note in the sum of $49,972.65, dated August 13, 1997, in favor of City of Cupertino, which deed of trust was recorded
Sept. 8, 1997, Series No. 13847644 ,Official Records of said county; and
cy
V1(HEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $_ 1 ~~~~`" ~"' _, dated
:~~~ ~~, in favor of Washington Mutual, hereinafter referred to as "Lender", payable with interest and upon the terms and
col~itions 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 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 del~d of trust first above mentioned and provided that 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 LendE:r make such loan to Owner; and Beneficiary is willing that the deed
of trust securing 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.
SUBORDA.DOC (Rev 3/99) Page ~I Of 3 INITIAL ~,
(continuation of Subordination Agreement between Khera and City of Cupertino)
STATE OF CALIFORNIA }ss
COUNTY OF Sq(}~}-q CIG1~"q }
On ,7~ ~ ~ ~ a 0 ~ ,before me,
for said St te, personally appeared .~"er
Sterna rc
a Notary Public in and
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose nape(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the sarne 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.
WITNESS my hand and official seal.
n,,,, ~~ ~v~ KAREN A BERNARD
Signatur~~~' ~.v~ / ~r..~J~~1/ / _ Commission # 1329267
Notary Public - Cafifomia z
Santa Clara County
MY Comm. E~ires Nov 9, 2005
rlerwa~v~
(This area for official notarial seal)
STATE OF CA IFORNIA ` }ss
COUNTY OF ti~ }
C~~~,{~ ~i
On ~ ~~~ , before me, _y/~`^"""'~'`- I ~ -/ , a Notary Public in and
for said , ,person~ly,,a,~peared _ _~- ~ `
` - , ~ersona`Ily known to me (or 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 sarne 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.
WITNESS my hand and o ' ial seal.
Signature "L,
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~~ ~~ `' ~ ~ ~ n~ i+~ C"1aR,4 CG9(.9TtfTi Y
/`~r~-~.~ C~° i•,.~ ~
(This area for official notarial seal)
SUBORDA.DOC (Rev 3199) Page :3 of 3 INITIAL~~~~,
(continuation of Subordination Agreement between~Khera and City of Cupertino)
NOW THEREFORE, in consideration of the mutual benefits accruinl~ 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 of 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 lender above referred to
and shall supersede and cancel, but or;!y insofar s ~vo;.~ld affect the priority bet~r~een 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.
Beneficiary 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 s~~ch 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;
(c) He 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 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
(d) 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 of Lender above
referred to.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS ~a PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON
YOUR REAL PROPERTY SECURITY TO OBTAIN A _OAN A PORTION OR WHICH MAY BE EXPENDED FOR OTHER
PURPOSES THAN IMPROVEMENT OF THE LAND.
BENEFICIARY: OWNER:
~~ ~~i,,
City of Cupertino "~`~ ~' ~
land Khera
BY:
BY: Farida Khera
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF 1 HIS SUBORDINATIONAGREEMENT, THE PARTIES CONSULT
WITH THEIR ATTORNEYS WITH RESPECT THERETO.
(CLTA SUBORDIN~~TION FORM "A")
SUBORDA.DOC (Rev 3/99) Page ? of 3
Order Number: 714657sc
Page Number: 5
LEGAL DE:SCIRIfP'TION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
Lot 20, as shown on that certain Map entitiled 'Tract No. 2948, Triumph No. 1", which map was
filed for record in the office of the Recorde~• of the County of Santa Clara, State of California on
May 17, 1961, in Book 132 of Maps, page(s) 51.
Excepting therefrom the underground water rights without rights of surface entry as conveyed to
San Jose Water Works, a California corpor~~tion, by Deed recorded May 29, 1961, in Book 5182,
page 187 of Official Records.
Also excepting therefrom the above descrit~ed properly all oil, gas mineral and other hydrocarbon
rights and substances in and under the land, but beneath a plane 500 below the surface of the
land, but without any right of surface entry.
APN: 316-31-001
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FirstAmerican Title