HomeMy WebLinkAboutRES.1178.06-03-1996 ,
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BILL NO. 96-169 RESOLUTION NO. �- 1:'(
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUBORDINATION AGREEMENT WITH
BOATMEN'S NATIONAL BANK OF CAPE GIRARDEAU FOR
A SECOND DEED OF TRUST FOR PROPERTY OWNED BY
FRED JEROME JENKINS AND AVIS TAYLOR
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE l. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
Subordination Agreement with Boatmen's National Bank of Cape
Girardeau for a second deed of trust for property owned by Fred
Jerome Jenkins and Avis Taylor. A copy of said Agreement is
attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS -'�;:E DAY OF ,'k ; , 19�1�".:
�
A. . Spradling, , Mayor
ATTEST:
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Gayle �L. Conrad, Deputy City Clerk
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Im�� BOATMEN'S°
, . �'� NATPON�AR BANK SUBORDINATION AGREEMENT
THIS AGREEMENT is made as of May 16, 19 96
between City of Cape Girardeau �
("First Lender"), whose mailing address is — 401 Independence, Cape Girardeau, MO 63701
�f c'ane c;; ard a� , and �atmen's National B�nlc
whose mailing address is �001 William St P O Box 220 Cane Girardeau MO 63702e 022p Lender"),
LEGAL DESCRIPTION
All of Lots Eleven (11 ) and 'I�aelve (12) in Block Three (3) of Gibony Houck's Second
Suk�ivision in the City of Cape Girardeau, Missouri.
WHEREAS, First Lender is the Beneficiary under Deed of Trust (the "First Deed t Trus " date
Oct_ 27, , 1g �� , from Fred Jerane Jenkins Avis Tavlor and the(��'t����'j.s�ir.
Lender conveying certain real property in �� Girardeau County,Missouri,as more particularly described
in Exhibit "A" attached hereto and fuliX incorporated herein (the "Property"),the First Deed of Trust being recorded
in the Real Estate Records of �t�e Girardeau County,Missouri,in Book ��7
at Page 932 , and having been given to secure a debt in the original principal sum of
Thirteen Thousand Fortv One Dollars and 00/100**************Dollars($ 13,041.00
); and
WHEREAS, Second Lender has made a loan of��ntv 'Itac� 'r'housand Five Hundred and 00/100
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by a Deed of Trust of the Property of even date herewith from Debtorafor(h e bene O•of�the�Secotnd lender(thes`Second
Deed of TrusY'); and
WHEREAS,Second Lender was unwilling to make the aforesaid loan unto Debtor unless First Lender agreed
to subordinate the First Deed of Trust to the Second Deed of Trust and First Lender has so agreed.
NOW,THEREFORE,for valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto do hereby agree as follows:
1. First Lender,as mortgagee under the First Deed of Trust,does hereby subordinate the First Deed of Trust
to the Second Deed of Trust,to the end that the Second Deed of Trust shall be superior to the First Deed of Trust.
2. First Lender, as holder of the First Deed of Trust, hereby acknowledges and agrees that: (a)the Second
Deed of Trust is and shall constitute the first, prior and superior lien and mortgage on and against the Property; and
(b)the First Deed of Trust is and shall be subject and inferior to the Second Deed of Trust.
3. This Subordination Agreement shall be binding upon the First Lender, its successors and assigns, and shali
operate to the benefit of the Second Lender, its successors and assigns and any purchaser at any foreclosure sale
conducted pursuant to the Second Deed of Trust.
4. First Lender hereby agrees to execute,acknowledge and deliver such further instruments as may be necessary
or appropriate to effectuate the purposes of this subordination.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed pursuant to due authority
as of the date first above set forth.
STATE OF MISSOURI
OF ) SS' On this day of , 19
, before me personally
appeared
to me known to be the person(s) described in and who executed the foregoing instrument, and acknowledged that
executed the same as
second party. free act and deed as
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the and State aforesaid, the day and year first above written.
My term expires:
Notary Public
Form RE-081-CG(3/92)
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