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Chapter 15

Form 15-3

For discussion of this form, see section 15.4:4 in this chapter. See also sections 15.1:4, 15.1:5, 15.3, and 15.4.

Consent and Subordination by Lienholder

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

[Name of lienholder] is the owner and holder (“Lienholder”) of the following liens (which together with all renewals, extensions, and modifications thereof and any and all other liens of the Lienholder constitute the “Liens”):

Vendor’s lien retained in Deed, executed by [name], dated [date], recorded under Document No. [number] in the Official Public Records of [county] County, securing the payment of one note in the principal sum of $[amount]; said Note being additionally secured by the Deed of Trust to [name of trustee], Trustee, recorded under Document No. [number] of the Official Public Records of [county] County [include if applicable: , and additionally secured by Assignment of Rents dated [date], recorded under Document No. [number] of the Official Public Records of [county] County], upon and against the land and property described as the Property in the [insert easement document title] (the “Easement”) executed by [name of grantor], as Grantor, and [name of grantee], as Grantee (together with its successors and assigns, the “Easement Holder”), recorded at Document No. [number] of the Official Public Records of [county] County.

For a good and valuable consideration, Lienholder agrees with Grantor and Easement Holder as follows:

1.Consent.      Lienholder consents to the grant of the Easement.

2.Subordination.      Lienholder subordinates its Liens to the Easement. A foreclosure of any or all of its Liens will not extinguish the Easement.

3.Counterparts.      This Consent and Subordination by Lienholder may be executed in counterparts.

   
[Name of grantor]

   
[Name of easement holder]

   
[Name of lienholder]

Include acknowledgment.