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^1) That the Lender Deed of Trust securing the Lender Loan, and any renewals or extensions thereof, shall <br />unconditionally be and remain at all times a lien orcharge on the Property, prior and superior bzthe <br />lien or charge of the City Deed of Trust. <br />(2) That Lender would not make the Lender Loan above described without this Subordination Agreement. <br />(3) That this Subordination Agreement shall be the whole and only agreement with regard to the <br />subordination ofthe lien orcharge ofthe City Deed of Trust tothe lien orcharge of the Lender Deed <br />and shall supersede and cancel, but only insofar as would affect the priority between the City Decd of <br />Trust, any prior agreement as to subordination including, but not limited, those provisions, if any, <br />contained in the City Loan Agreement, which provide for the subordination of the lien or charge thereof <br />Uoanother deed ordeeds oftrust ortoanother mortgage ormortgages. <br />City declares, agrees and acknowledges that <br />(a) City consents to and approves (i) all provisions of the note and Lender Deed of Trust in favor of Lender, <br />and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner <br />and Lender for the disbursement of the proceeds of Lender's loan; <br />(t) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor <br />has bender represented that it will, sec to the application of such proceeds by the person or persons to <br />whom Lender disburses such proceeds and any application oruse ofsuch proceeds for purposes other <br />than those provided for in such agreement or agreements shall not defeat the subordination herein <br />made inwhole orinpart; <br />ki City intentionally and unconditionally subordinates the lien or charge of the City Loan Agreement favor <br />of the Lender Deed of Trust in favor and understands that in reliance upon, and in consideration of, this <br />subordination, specific loans and advances are being and will be made and, as part and parcel thereof, <br />specific monetary and other obligations are being and will be entered into which would not be made or <br />entered into but for said reliance upon this subordination; and <br />(J) An endorsement has been placed upon the note secured by City Deed of Trust that the note is <br />subordinate to the lien or charge of the Lender Deed of Trust. <br />1 3 111 Jill <br />1010 11041011 WON HUAI go I Q IN ROW a a IQ L1 Igo] =I o I'm <br />Signed in COUnterpairt <br />Jeff Kay, City Manager <br />City of San Leandro <br />Page No. 2 of 3 <br />