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HomeMy WebLinkAboutResolution 2672 Authorizing execution of subordination agreement - Gnehm: 9-14-87 _c_- .... " ~. RESOLUTION NO. 2672 A RESOLUTION OF THE CITY COMMISSION OF BOZF.~AN, MONTANA AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT FOR CATHERINE GNEHM TRUST INDENTURE. WHEREAS, on October 8, 1986, a Trust Indenture agreement was executed by Catherine Gnehm as Grantor with the City of Bozeman being the beneficiary and American Land Title being the Trustee; WHEREAS, under the terms of said agreement, Catherine Gnehm received THIRTEEN THOUSAND ONE HUNDRED DOLLARS ($13,100.00) from the City of Bozeman under a Horne Improvement Loan Program; and, WHEREAS, Catherine Gnehm desires to obtain refinancing through First Security Bank of Bozeman, a Montana corporation; and, WHEREAS, Catherine Gnehm agrees to comply with the terms of said Trust Indenture; and, {IJHEREAS, the subordination of the Trust Indenture does not violate the terms of the Home Improvement Program; NOW THEREFORE BE IT RESOLVED by the City Commission of Bozeman, Montana, that the Mayor is hereby authorized to sign said subordination agreement. PASSED AND ADOPTED by the City Commission of the City of Bozeman this 14th day of September , 1987. ATTEST: (?~ rZ Jl&~ Robin L. Sullivan Clerk of the Commission ~~: City Attorney --------....-.--- ... ...-- ,;~.- "', --...-.--- .. SUBORDINATION AGREEMENT WHEREAS: Catherine A. Gnehm hereinafter designated the owners, are the owners of the folowing described real property situated in the County of Gallatin , State of Montana, to-wit: Lots 6 and 7 in Block 50 in the Northern Pacific Addition to the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. and WHEREAS: The said owners have made application for a loan in the amount of $21,400.00 from First Security Bank of Bozeman, hereinafter designated the lender, to be evidenced by a promissory note and secured by a trust deed or mortgage which shall be a first lien on the real property above described, and said application is for a refinance of existing debt only with no cash to borrower. WHEREAS: The undersigned City of Bozeman, a Municiple Corporation hereinafter designated the undersigned, have an interest in or lien upon the real property above described as follows: (MORTGAGE) or Montana Trust Indenture As mortgagees under a Montana Trust Indenture or mortgage dated October 8, 1986 and recorded October 9, 1986 at 3:48 P.M. in Film 94, Page 926, records of Gallatin County, Montana. NOW THEREFORE, In order to permit the said owners to borrow said sum from said lender and secure the same by a trust deed of first mortgage on the real property hereinbefore described, and in order to induce the said lender to make said loan to the said owners, the undersigned, for themselves and their heirs, representatives, successors and assigns, do hereby agree that all of their rights, title, lien and interest in, to and upon the real property hereinbefore described as hereinabove specified, shall be subject to and subordinated to the said trust deed or mortgage and that said trust deed or mortgage in favor of or for the benefit of the lender and his assigns dated , and recorded on this day of , 19_, at , in Film , Page , Mortgage Record in Gallatin County, Montana, shall be a first and prior lien on the property above described, superior to any right, title, lien of interest of the undersigned. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of September , 19~. CITY OF BOZEMAN, a Municiple Corporation ," ... // ",.../, /' ~ ". ,/' /'~~ ~/ I/"./~!'~ BY: ,/(/,<, / t:. j' /':;.// _ ", ~,.r: /- State of Montana AL?Eti M. StIFF" Ma'yor ~ot" /,/ County of Gallatin Personally appeared the above named Alfred M. Stiff. Mayor Protem~~and acknowledge the foregoing instrument to be a voluntary act and deed. --