HomeMy WebLinkAbout2005 S Manager -Alex & Frances Hess- Approval of Subordination Agreement Related to Hurricane Floyd Mitigation Program•
Prepared by and RETURN to:
LINNIE W. CAUSEY, ATTORNEY.
5102 Durham Chapel Hill Blvd., Ste. 300
Durham, North Carolina 27707
STATE OF NORTH CAROLINA
SUBORDINATION AGREEMENT
COUNTY OF ORANGE /,
THIS SUBORDINATION AGREEMENT, made this the _~ day of~.~(/~~.~~c..~.-„2005,
by and between, ORANGE COUNTY (HEREINAFTER "COUNTY") and LINNIE W. CAUSEY,
(HEREINAFTER "CAUSEY") Trustee for ORANGE COUNTY, parties of the first part, and ALEX L.
HESS, III AND FRANCES B. HESS (HEREINAFTER "BORROWER"), and STATE EMPLOYEES'
CREDIT UNION (HEREINAFTER "SECU") its successors and/or assigns, parties of the second part;
WITNESSETH•
WHEREAS, SECU has agreed to make a loan to BORROWER in the amount of $30,000.00, and
secured by a second Equity Line deed of trust to SECU on the property described as
BEING ALL OF LOT NO. 176, SECTION III, COLONY WOODS SUBDIVISION,
ACCORDING TO PLAT BOOK 17, AT PAGE 98, ORANGE COUNTY REGISTRY, TO WHICH
REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME.
PIN: 9799-84-5412
TM: 7.52E.C.5;
which has an address of 1907 WHITE PLAINS ROAD, CHAPEL HILL, ORANGE COUNTY,
NC.
WHEREAS, there is a prior deed of trust on said premises bearing date of OCTOBER 29, 2001,
executed by BORROWER, to CAUSEY, Trustee for COUNTY, recorded in Book 2407, Page 440
ORANGE County Registry, which instrument secures an original indebtedness therein described of
$17,070.00 evidenced by a promissory note, whose terms and conditions are referenced herein and are
incorporated and made a part of this Agreement; and
WHEREAS, the aforesaid borrower can procure said loan from LENDER only upon condition
that the aforesaid existing deed of trust to CAUSEY, TRUSTEE FOR COUNTY be subordinated to the
lien of said proposed deed of trust to ,Trustee for LENDER; and
WHEREAS, the aforesaid borrowers have requested the party of the first part to execute this
subordination agreement and the party of the first part has agreed to such subordination; and
WHEREAS, the party of the first part represents that the aforesaid promissory note from
BORROWER, and the aforesaid deed of trust to CAUSEY, Trustee, are in the possession of COUNTY,
and is controlled by it to such extent as to absolutely bind all assignees, transferees and grantees to the
terms of this subordination agreement;
NOW THEREFORE,. in consideration of the aforesaid premises and of LENDER making a loan to
ALEX L. HESS, III AND FRANCES B. HESS, the party of the first part, binding its successors and
assigns, do by the execution of this instrument, subordinate .the aforesaid deed of trust dated OCTOBER
29, 2001 to CAUSEY Trustee for ORANGE COUNTY, recorded in Book 2407, Page 440 of the
ORANGE County Registry, to the lien, operation and effect of that certain deed of trust to be executed by
the aforesaid borrower to ,Trustee for LENDER securing an
indebtedness of $30,000.00 so that the aforesaid deed of trust shall be a Lien and charge superior to the
lien and charge of that certain deed of trust to CAUSEY Trustee for COUNTY, recorded in Book 2407
Page 440 of the ORANGE County Registry, and for no other purpose.
That except for the terms of this subordination agreement, the rights of the parties of the first part
in and to the aforesaid recorded deed of trust in Book 2407 Page 440 the ORANGE County Registry and
the note evidenced thereby are and shall be in full force and effect.
IN TESTIMONY WHEREOF, LINNIE W. CAUSEY Trustee, has caused this instrument to be
executed in its name, and ORANGE COUNTY, has caused this instrument to be executed in its name by
BARRY JACOBS, Chair, Orange County Board of Commissioners, all by authority duly given this the
day and year first above written.
LINNIE W. CAUSEY
TRUSTEE
COUNTY
CHAIlZ.~~''~.,A~NGE~UNTX BOARD OF COMMISSIONERS
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STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public of the County and State aforesaid, do hereby
certify that LINNIE W. CAUSEY personally appeared before me this day and acknowledged the
execution of the foregoing instrument.
Witness my hand and official stamp and seal, this day of , 2005.
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA COUNTY OF ~ r(,~ r1
I f~~ 081.1 C:G~ ~. ~ ~UG h ~ ,Notary Public for said ounty and State, certify that BARRY.
JACOBS personally came before me this day and acknowledged that he is Chair, Orange County Board
of Commissioners of ORANGE COUNTY, and that he as Chair, Orange County Board of
Commissioners, being duly authorized to do so, executed the foregoing on behalf of ORANGE
COUNTY.
~JVi ess my hand and official seal, this the
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Notary Public
My Commission Expires: ~ lZ
V day of ~ ~Vl~ -~~/l- , 2005.
I OFFICIAL SEAL
~Wtary Publ~, North CeroNna
ORANGE COUNTY
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My Commission Expires ~Z I~