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A.P.N.: 077B-1201-027- Subordination Agreement - continued File No.: NCS- 485204- <br /> 15 CC (hm) <br /> Date: June 10, 2011 <br /> WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of $100,000.00, <br /> dated June 07, 2011, in favor of Fremont Bank, hereinafter referred to as "Lender ", payable with interest and <br /> upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; <br /> and <br /> WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall <br /> unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and <br /> • superior to the lien or charge of the Deed of Trust first above mentioned; and <br /> WHEREAS, Lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge <br /> upon the above described property prior and superior to the lien or charge of the Deed of Trust first above <br /> mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the <br /> Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and <br /> WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary <br /> is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said <br /> land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. <br /> NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable <br /> consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce <br /> Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: <br /> (1) That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, <br /> shall unconditionally be and remain at all times a lien or charge on the property therein described, prior <br /> and superior to the lien or charge of the Deed of Trust first above mentioned. <br /> (2) That Lender would not make its loan above described without this subordination agreement. <br /> (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien <br /> or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of <br /> Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority <br /> between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such <br /> subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first <br /> above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or <br /> Deeds of Trust or to another Mortgage or Mortgages. <br /> Beneficiary declares, agrees and acknowledges that <br /> (a) He consents to and approves (i) all provisions of the Note and Deed of Trust in favor of Lender above <br /> referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between <br /> Owner and Lender for the disbursement of the proceeds of Lender's loan; <br /> (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor <br /> has Lender represented that it will see to the application of such proceeds by the person or persons to <br /> whom Lender disburses such proceeds and any application or use of such proceeds for purposes other <br /> than those provided for in such agreement or agreements shall not defeat the subordination herein made <br /> in whole or in part; <br /> (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed <br /> of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor <br /> Page 2 of 6 <br />