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Inst 2006181155
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Inst 2006181155
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12/20/2010 4:56:08 PM
Creation date
12/20/2010 4:56:07 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/3/2006
Recorded Document Type
Subordination
Retention
PERM
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• <br /> D. The Borrower has executed or will execute a promissory note (the "Senior Lienholder <br /> • Note ") in the original principal amount not to exceed Seven Hundred Thousand and No /I00 Dollars <br /> (5700,000.00) in favor of the Senior Lienholder (the `Senior Lienholder Loan") which will be secured <br /> by a deed of trust to be recorded in the office of the Recorder concurrently herewith (the `Senior <br /> Lienholder Deed of Trust") encumbering the Real Property and all improvements now or hereafter <br /> located on the Real Property and all personal property and other property described in the Senior <br /> Lienholder Deed of Trust (collectively, the "Property "). The Senior Lienholder Note and the Senior <br /> Lienholder Deed of Trust shall be referred to herein as the `Senior Lienholder Loan Documents." <br /> E. It is a condition precedent to obtaining the Senior Lienholder Loan that the Senior <br /> Lienholder Deed of Trust shall unconditionally be and remain at all times a lien or charge upon the <br /> Property, prior and superior to the lien or charge of the Subordinate Lienholder Documents. <br /> F. The Senior Lienholder is willing to make the Senior Lienholder Loan provided the <br /> Senior Lienholder Deed of Trust securing the same is a lien or charge upon the Property prior and <br /> superior to the lien or charge of the Subordinate Lienholder Documents and provided that the <br /> Subordinate Lienholder will specifically and unconditionally subordinate the lien or charge of the <br /> Subordinate Lienholder Documents to the lien or charge of the Senior Lienholder Deed of Trust. <br /> G. It is to the mutual benefit of the parties herein that the Senior Lienholder make the <br /> Senior Lienholder Loan to the Borrower and the Subordinate Lienholder is willing that the Senior <br /> Lienholder Deed of Trust shall, when recorded, constitute a lien or charge upon the Property which is <br /> unconditionally prior and superior to the lien or charge of the Subordinate Lienholder Documents. <br /> Terms <br /> In consideration of the mutual benefit accruing to the parties hereto and other valuable <br /> consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order <br /> to induce the Senior Lienholder to make the Senior Lienholder Loan, it is hereby declared, understood <br /> and agreed as follows: <br /> 1. The Senior Lienholder Deed of Trust, as to the Senior Lienholder Loan and all other <br /> obligations recited in the Senior Lienholder Deed of Trust as being secured by the Senior Lienholder <br /> Deed of Trust, and any modifications (other than modifications increasing the principal amount thereof <br /> or increasing the interest rate), renewals, or extensions thereof, shall unconditionally be and remain at all <br /> times a lien or charge on the Property prior and superior to the lien or charge of the Subordinate <br /> Lienholder Documents. <br /> 2. The Senior Lienholder would not make the Senior Lienholder Loan without this <br /> Subordination Agreement. <br /> 3. With regard to the priority given to each deed of trust hereinbefore specifically <br /> described, this Subordination Agreement shall be the sole and only agreement with regard to the <br /> subordination of the lien or charge of the Subordinate Lienholder Documents to the lien or charge of the <br /> Senior Lienholder Deed of Trust, and shall supersede and cancel any prior agreements as to such <br /> subordination including, but not limited to, those provisions, if any, contained in the Subordinate <br /> Lienholder Documents which provide for the subordination of the lien or charge thereof to another deed <br /> of trust or mortgage. <br /> 4351 t- 0001su(city.Agcncy) <br />
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