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• • E. At the time Agency recorded the Agency Notes against the Property, there was a Parcel Map, No. 6249, recorded on the Property consisting of two (2) parcels, parcels A &B; and, therefore, the Agency Notes were recorded on parcels A& B of Parcel Map 6249. F. In February 2001, upon the approval of the City of San Leandro, Developer subdivided the Property into for (4) separate Parcels (A, B, C, and D) as depicted on the Site Map shown in Exhibit B, attached hereto and incorporated herein by this reference ( "Parcels ") by filing Parcel Map No. 7758 with the City Clerk and, subsequently recording Parcel Map 7758 in the Book of Maps No. 260 at pages 82 and 83. Upon the filing and recordation of Parcel Map 7758, the Agency Notes were recorded as liens against each of the Parcels for the amount of the Total Debt (the "Liens "). G. At this time,lthe Borrowers and the Agency wish to modify the Agency Notes, respectively, to redistribute the Total Debt between Parcels A, B & C of Parcel Map 7758 securing each by a modified Deed of Trust. Therefore, Borrowers and the Agency mutually desire, and it would be to their mutual benefit, to modify certain terms and conditions of the Agency Notes as follows. AGREEMENT In view of the recitals and for other valuable consideration, receipt of which is hereby acknowledged, Borrowers and the Agency hereby agree as follows: 1. Upon the Agency's receipt and acceptance of this Agreement, after its execution by Borrowers, the Agency Notes shall be modified as follows: (a) The amount of the Agency Notes shall be the principal maximum sum of ONE MILLION THREE HUNDRED FORTY -EIGHT THOUSAND THREE HUNDRED AND ONE DOLLARS ($1,348,301) which shall be redistributed between Parcels A, B & C incrementally as follows: Parcel A $337,301 Parcel B $674,000 Parcel C $337,000 (b) Change in the Trust Deeds: The Deeds of Trust shall be modified to secure the principal maximum sum of the Agency Notes on each Parcel as follows: Parcel A $337,301 Parcel B $674,000 Parcel C $337,000 THIS INSTRUMENT FILED BY FIRST AMERICAN TI GUARA COMPANY AS AN ACCOMMD- DAT ONLY I7 HAS NOT BEEN EXAMINED AS • TO I TS EXE AND NO LIABILITY IS ASSUMED AS 10 ITS EFFECT UPON THE TITLE.