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Inst 2016325120
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Inst 2016325120
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7/17/2017 3:17:45 PM
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7/17/2017 3:17:42 PM
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CM City Clerk-City Council
Document Date (6)
12/13/2016
Recorded Document Type
Subordination
Retention
PERM
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APN: ' <br /> WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and City is <br /> willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said land which <br /> 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 Lender <br /> 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 agreement 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 <br /> of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority <br /> between the Deed 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 /> City declares, agrees and acknowledges that <br /> (a) City 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 and (iii) city lien will be in <br /> third lien position. <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) City intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the <br /> Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in <br /> favor of Lender above referred to and understands that in reliance upon, and in consideration of, this <br /> waiver, relinquishment and subordination, specific loans and advances are being and will be made and, <br /> as part and parcel thereof, specific monetary and other obligations are being and will be entered into <br /> which would not be made or entered into but for said reliance upon this waiver, relinquishment and <br /> subordination; and <br /> NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON <br /> OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE <br /> EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. <br /> Page No. 2 of 5 <br />
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