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" <br />' <br />NOW, THEREFORE, in consideration of the mutual covenants contained <br />herein and other good and valuable consideration, the receipt and sufficiency <br />of which are hereby acknowledged, the Parties hereby agree as follows: <br />1. The definition of "Owner" contained in the Agreement is amended to <br />mean Fidel Maniago and Aurelia Maniago, Husband and Wife as Joint <br />Tenants. Geoffrey Maniago shall no longer be included in the definition <br />of Owner, as that term is used in the Agreement. <br />2. Section 15, "Subordination," of the Agreement is amended in its <br />entirety to read as follows: <br />· "This Agreement shall not be subordinate to any deed of trust or <br />mortgage on the premises without the written consent of the City of <br />San Leandro." <br />3. All other terms, covenants and conditions of the Agreement shall <br />remain unchanged and in full force and effect. <br />IN WITNESS WHEREOF, the Parties have caused this Amendment to be <br />executed as of the date first above written. <br />CITY OF SAN LEANDRO <br />By: _________ _ <br />Jeff Kay, City Manager <br />Attest: <br />By: ----------Mari an Handa, Interim City Clerk <br />Approved as to Form: <br />By: _________ _ <br />Richard D. Pio Roda, City Attorney <br />OWNERS: <br />By: ___ __;_ _____ _ <br />Fidel Maniago <br />By: _________ _ <br />Aurelia Maniago <br />By: _________ _ <br />Geoffrey Maniago <br />SIGNATURES MUST BE NOTARIZED. <br />Performance Deed of Trust 12