HomeMy WebLinkAboutA009 - Mortagee's Subordination dated March 13, 2000 00 - 031 78
INST.NO.
STORY COUNTY,IOWA 3��
FILE®FOR RECORD
MAR 2 9 2000 PM
SUSAN L.VAIN ItAIVIP,Rewrdaf ih�
RETURN TOWREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
MORTGAGEE'S SUBORDINATION
Fourth Addition,Dauntless Subdivision,Ames,Iowa
WHEREAS,Moore Properties and Development,LLC, (the"Mortgagee")is the present owner
of the mortgage given by Jensen Development Corporation, LTD (the "Mortgagor"), to Moore Properties
and Development, LLC under date of March 26, 1999, and filed in the office of the Recorder of Story
County,Iowa, on March 30, 1999,and recorded as Instrument N°99-04132(the"Mortgage");
WHEREAS, the Mortgagor, as a condition to the approval by the City Council of the City of
Ames, Iowa, of the final subdivision plat of Fourth Addition, Dauntless Subdivision, Ames, Iowa, has - _ -
granted certain easements described in an instrument dated March 7, 2000, and filed in the office of the
Recorder of Story County, Iowa, on the W day.of rnaw_6 , 2000, and recorded as In-
strument N°00- O 31 17 '57 _(the"Easement");
WHEREAS,the Mortgagee has an interest in the real property described in the Easement, and the
Mortgagor has requested the Mortgagee to subordinate its rights under the Mortgage to the rights of the
grantee,its successors and assigns,named in the Easement instrument and deems it advisable to do so;
NOW, THEREFORE, the undersigned,for good and valuable consideration, agrees that whatever
right, title, lien, estate and interest the Mortgagee now has or may hereafter acquire in said real estate by
virtue of the aforesaid real estate mortgage same shall be junior,inferior and subordinate to the rights of the
Grantee,its successors and assigns,under the Easement instrument.
IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf
on this 13 I"day of March,2000.
MOORE PROPERTIES AND
DEVELOPMENT,LLC
BY-
William A.Moore,
Designated Member
STATE OF IOWA,COUNTY OF STORY,SS:
On March 111 2000,before me the undersigned,a Notary Public in and for said state,personally
appeared William A.Moore, to me personally known,who,being by me duly sworn, did say that the per-
son is the designated member of said LIMITED LIABILITY COMPANY executing the foregoing in-
strument;that NO SEAL has been procured by the said limited liability company; that said instrument was
signed on behalf of said limited liability company by authority of its managers and the said William A.
Moore acknowledged the execution of said instrument to be the voluntary act and deed of said limited li-
ability company by it voluntarily executed.
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FJF X 200003101407 SHARP,JAHN,FEILMEYER&FEILMEYER,plc
Attomeys at Law•Ames,Iowa coo