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Y E. The Owner is refinancing its mortgage on the Property. As part of that refinancing, Owner desires to remove Geoffrey Maniago from title as an owner of the Property. F. It is necessary to amend the Agreement to change the definition of Owner to exclude Geoffrey Maniago, and to ensure that any subsequent deeds or mortgagees are subordinate to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: The definition of "Owner" contained in the Agreement is amended to mean Fidel Maniago and Aurelia Maniago, Husband and Wife as Joint Tenants. Geoffrey Maniago shall no longer be included in the definition of Owner, as that term is used in the Agreement. 2. Section 15, "Subordination," of the Agreement is amended in its entirety to read as follows: "This Agreement shall not be subordinate to any deed of trust or mortgage on the premises without the written consent of the City of San Leandro." 3. All other terms, covenants and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date first above written. CITY OF SAN LEArNDRO By: b Y Jeff Kay, C@y Manage ORAL &J"Ag7 Attest: By: - +-l� Marian Handa, Interim City Clerk OWNERS: By: signed in counterpart Fidel Maniago signed in counterpart Aurelia Maniago Approved as to Form: B_7�l?b By: signed in counterpart 4Richar+db;4o6da, City Attorney Geoffrey Maniago SIGNATURES MUST BE NOTARIZED.