Schneider

Plaintiffs appeal from an order denying a preliminary injunction in an action for declaratory and other relief. We affirm.

Plaintiffs sold to defendant Ampliflo Corporation, two adjoining unimproved lots, taking back two notes one for $130,000 and one for $69,584.17, secured by deeds of trust on the two lots. The complaint alleges that the agreement between plaintiffs and the buyer was that the buyer would improve the property as a motor home park. The escrow instructions provided that plaintiffs would, on request, agree to subordinate their trust deeds to trust deeds securing loans to the buyer for the money to be used for development of, and construction on, the property. However, the trust deeds themselves contained only a brief reference to such subordination. The language, contained at the end of a long paragraph dealing with the terms of payment of the purchase money loans, was as follows: “Subordination clause, Note will subordinate to first, a Development Loan or a Construction Loan either or both upon request of the buyer.”

Thereafter, the buyer secured the loan herein involved, in the amount of $110,000, secured by another trust deed on the property. This…