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Subordination Agreement 8-21-2020Eagle County, CO 202014795 Regina O'Brien 09/01/2020 Pgs: 2 01:13:53 PM REC: $18.00 DOC: $0.00 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT is made and entered into this 21st day of August , 2020_, by TOWN OF AVON, a Colorado home rule municipality ("Subordinator")"). WITNESSETH WHEREAS, _ Michael S Rieck and Jessica E Vandeabouten ("Borrower'D executed a Notice and Statement of Tax Lien now payable to Subordinator dated 9/23/2019 in the principal sum of P200.00 (the "Notice and Statement of Tax Lien") which Notice and Statement of Tax Lien for the benefit of Subordinator, recorded on 9/25/2019 at Reception No. 2019.16016 of the records in the office of the Clerk and Recorder of Eagle County, State of Colorado, which Subordinate Notice and Statement of Tax Lien encumbers certain real property (the "Property") located in the County of Eagle, Skate of Colorado, being more particularly described as follows: WHEREAS, the Section 3.12.060(17) of the Avon Municipal Code provides a real estate transfer tax exemption for the first $160,000.00 of consideration paid to purchase a property provided that the purchaser uses the property as a primary residence and provided that th� purchaser grants to the Town a lien securing the indebtedness for real estate transfer tax liability in the event that Pe property is not used as the purcbaser's primary residence within one year after closing, and further provides.tb* such lieh shall be subordinate to any fust mortgage or deed of trust of record; ! r WHEREAS, Borrower requested that UNIVERSAL LENDING CORPORATION ISAOA ("New Lender"} make Borrower a loan in the principal sum not to exceed $373,000.00 (the "New Loan"); WHEREAS, New Lender agreed to make the New Loan which New Loan is or will be evidenced by a promissory note (the 'New Promissory Note") and secured by a deed of trust encumbering the Property (the "New Deed of Trust"), which shall be the first deed of trustiof record, . NOW THEREFORE, IN COMPLIANCE ;a IT11 ,SECTION 3.12.060(15) OF TIM AVON MUNICIPAL CODE, and with acknowledgement by Subordinator that New Lender is relying upon Subordinator's agreement and representations herein, Subordinator hereby agr�es as follows: L' Subordinator does hereby agree that the Subordinate Notice and Statement of Tax Lien and all other documents evidencing or securing the Notice and Statement of Tax Lien and all of the Subordinator's right thereunder shall be in all respects subordinate, secondary, inferior and junior to the lien of the New Deed of Trust which will be recorded simultaneously herewith and to all loan documents and to any extensions, renewals or modifications made thereto, executed and delivered by the Borrower to the New Lender as security for the Now Loan., provided that such New Deed of Ttust is acid shall remain the first deed of trust of record in priority. 2. This Subordination Agreement, and each and every covenant, agreement and: other provisions hereof, shall be binding upon the Subordinator and it's successors and assigns. . 3. This Subordination Agreement is made and executed under, and in all respects will be governed and construed by, the laws of the State of Colorado. [SIGNATVAE PAGE FOLLOWS] n 1 --- i D3iG �..:-4� .��a. SUBORDINATION AGREEMENT . ;�,�, �,. orn 800.4C0.5657 THIS SUBORDINATION AGREEMENT is made and entered into this _21st_ day of August , 2020_, by TOWN OF AVON, a Colorado home rule municipality ("Subordinator"). WITNESSETH WHEREAS, Michael S Rieck and Jessica E Vandenhouten ("Borrower") executed a Notice and Statement of Tax Lien now payable to Subordinator dated 9/23/2019 in the principal sum of2$3 00.00 (the "Notice and Statement of Tax Lien") which Notice and Statement of Tax Lien for the benefit of Subordinator, recorded on 9/25/2019 at Reception No. 201916016 of the records in the office of the Clerk and Recorder of Eagle County, State of Colorado, which Subordinate Notice and Statement of Tax Lien encumbers certain real property (the "Property") located in the County of Eagle, State of Colorado, being more particularly described as follows: WHEREAS, the Section 3.12.060(17) of the Avon Municipal Code provides a real estate transfer tax exemption for the fust $160,000.00 of consideration paid to purchase a property provided that the purchaser uses the property as a primary residence and provided that the purchaser grants to the Town a lien securing the indebtedness for real estate transfer tax liability in the event that ;the property is not used as the purchaser's primary residence within one year after closing, and further provides that such lien shall be subordinate to any first mortgage or deed of trust of record; WHEREAS, Borrower requested that UNIVERSAL LENDING CORPORATION ISAOA ("New Lender") make Borrower a loan in the principal sum not to exceed $373,000.00 (the "New Loan"); WHEREAS, New Lender agreed to make the New Loan which New Loan is or will be evidenced by a promissory note (the "New Promissory Note") and secured by a deed of trust encumbering the Property (the "New Deed of Trust"), which shall be the first deed of trustpf record. NOW THEREFORE, IN COMPLIANCE WITH SECTION 3.12.060(15) OF THE AVON MUNICIPAL CODE, and with acknowledgement by Subordinator that New Lender is relying upon Subordinator's agreement and representations herein, Subordinator hereby agrees as follows: 1. Subordinator does hereby agree that the Subordinate Notice and Statement of Tax Lien and all other documents evidencing or securing the Notice and Statement of Tax Lien and all of the Subordinator's right thereunder shall be in all respects subordinate, secondary, inferior and junior to the lien of the New Deed of Trust which will be recorded simultaneously herewith and to all loan documents and to any extensions, renewals or modifications made thereto, executed and delivered by the Borrower to the New Lender as security for the New Loan, provided that such New Deed of Trust is and shall remain the first deed of trust of record in priority. 2. This Subordination Agreement, and each and every covenant, agreement and other provisions hereof, shall be binding upon the Subordinator and it's successors and assigns. 3. This Subordination Agreement is made and executed under, and in all respects will be governed and construed by, the laws of the State of Colorado. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the Subordinator has executed this Subordination Agreement on the date and year set forth above. "Subordinator" TOWN OF AVON By: Its: t'J STATE OF COLORADO ss COUNTY OF EAGLE The f ��regoin instrument was acknowledged before me this "2 day of m L � , 202 , by 1—i as TiV1A'Y\1 G 12 of TOWN OF AVON.` Witness my hand and official seal. My commission expires: o1 3 Public __oma RUNEL BURNS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194024102 My Commission Expires June 26, 2023