Orange County NC Website
>oizvoa oe:oa P,tx <br />r~oo~t <br />SUf30RbINA710N OF pEEp OF TRUST <br />(Gontinuedj Pago 3 <br />Subordination, Lender shall be entitled to recover such sum as the court may. adjudge reasonable as <br />attnrney~' fees at trial and upon any appeal. Whether or not any court action is.involved, and to the extent <br />not prohibited by law, all reasonable expanses Lander incurs tYrat in Lender's opinion are necessary at any <br />time for the protection of its interest or the enforcement of its rights shall become a part of the <br />Indebtedness payable on demand and 'shall bear interest at the Nota rate from fire date of the expenditure <br />until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits <br />under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not <br />there is a lawsuit, including reasonabia attorneys' fees and expanses for bankruptcy proceedings linciuding <br />efforts to modify or vacate any automatic stay or injuntitinn), appeals, and any anticipated post-judgment <br />' cofiection services, the cost of searching records, obtaining title reports (including foreclosure reports}, <br />surveyors' reports, and appraisal lees, title insurance, and leas !or [fie Trustee, to the extent permitted by <br />applicable taw. Beneficiary also wlil pay any court costs, in addition tv ail other sums provided by law. <br />Authority. The person who signs this Subordination as or on behalf of Beneficiary represents and warrants <br />that he or she has authority to execute this Subordination and to subordinate the Subordinated <br />Indebtedness and the Beneficiary's security interests In Beneficiary's property, if any, <br />Caption Hoadinga. Caption headings in this Subordination are far convenience purposes only anti are not to <br />be used to interpret or define the provisions of this Subordination. <br />Goventing Law. This Subo+dinatian will be governed by federal law applicable to lender and, to the extent <br />not preempted by federal taw, tl-a laws of fire State of~North Carolina without regard to its conflicts of law <br />txovlslotta. This Subordfnatlon has been accepted by Lonrler in the State of Nortlt Carolina. <br />Choice of Venue, If thvro is a lawsuif, Beneficiary agrees upon Lender's request to submit to the <br />jurisdiction of the courts of Person County, State of North Carolina. <br />Successors, This Subordina[ion shall extend to and bind the respective heirs, personal representatives, <br />successors and assigns of the parties to this Subordfnatlon, and the covenpnts of Beneficiary herein in <br />favor of Lender shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender <br />may transie+ dny or all of the Superior~tndabtedness. <br />No Waiver by Lender, Lender sh~~n be deemed to have waived any rights under this Subordination <br />unless such waiver is given in wr"SE g e sj pd by Lander. No delay or omission on fire part of Lender in <br />exorcising any right shall operat t}~, er such right yr any other right. A waiver by Lender of a <br />provision of this Subordination ~a11 n~~ i~e or constitute a waiver of Lender's right otherwise to <br />demand strict compliance with that prevtsion~or ar ~'i~~ter provision of this Subordination, No prior waiver <br />by Lander, nor any course of dealing betweer%; a~~eficiary, shall constitute a waiver of any of <br />lender's rights or of any of~ eeneflcfary's obligation~r, s an ~X lure transactions. Whenever iha consent <br />of Lender is required under this Subordination, the aka~tf n i'9f au~,~eonsant by Lentler in any fnstanca shall <br />not constitute Continuing consent to subsequent insta~cas wherQlsuih consent is required end in ell cases <br />such consent may be granted ar withheld in the sole discretionijt~i Lender. <br />NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS 7HE PERSON <br />OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY B£ <br />EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT O>: THE LAND, <br />EACH PARTY 70 THIS SUBORDINATION ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS <br />SUBORDINATION, AND £ACH PARTY AGREES 70 ITS TERMS. THIS SUBORDINATION !S DATED OCTOBER <br />zo. zoos. <br />THIS SUBORDINATION i3 QIVEN UNDER SEAL AND IT 15 INTENDED THAT THIS SUBORDINATION IS AND <br />SHALL CONSTITUTE AND HAVE THE Ef-FECT OF A SEALED INSTRUMENT ACCORDING TO LAW. <br />BORROWER: <br />THE CHRYSALI3 FOUNDATION FOR MENTAL li£ALTH. INC. <br />By: _ ISeall <br />Alan Maltbie, Chair of The Chrysalis Foundation far Mental <br />Health, inc. <br />By: _ (seal) <br />Curtis McLaughlin, Treasurer of The Cltrysalia Foundation for <br />Mental Health, 1nC• <br />