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, WHEREAS, it is to the mutual benefit of the Parties that Lender make the Lender Loan toOwner; and City has agreed tosubordinate the City Deed of Trust to the Lender Deed of Trust. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That the Lender Deed of Trust securing the Lender Loan, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien orcharge ofthe City Deed ofTrust. (2) That Lender would not make the Lander Loan above described without this Subordination Agreement. (3) That this Subordination Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the City Deed of Trust to the lien or charge of the Lender Deed and shall supersede and cancel, but only insofar as would affect the priority between the City Deed of Trust, any prior agreement as to subordination including, but not limited, those provisions, if any, contained in the City Loan Agreement, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. City declares, agrees and acknowledges that (a) City consents to and approves (i) all provisions of the note and Lender Deed of Trust in favor of Lender, and (ii) all agreements, including but not limited to any loan orescrow agreements, between Owner and Lender for the disbursement ofthe proceeds ofLender's loan; (b) Lender in making disbursements pursuant tnany such agreement is under no obligation mrduty to, nor has Lender represented that it m/i1|, see to the application of such proceeds by the person or persons howhom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made inwhole Vrin part; (c) City intentionally and unconditionally subordinates the lien or charge of the City Loan Agreement favor of the Lender Deed of Trust in favor and understands that in reliance upon, and in consideration of, this subordination, specific /oanoand advances are being and will be made and, as part and parcel thereuf, specific monetary and other obligations are being and will be entered into which would not be made nrentered into but for said reliance upon this subordination; and (d) An endorsement has been placed upon the note secured by City Deed of Trust that the note is subordinate tothe lien mrcharge ofthe Lender Deed ofTrust. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OFTHE LAND. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. Jeff Kay, Assistant Oy Manager� Owner I City of San Leandro (ALL SIGNATURES MUST BE NOTARIZED) Page No. ZnfZ