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E. The Owner is refinancing its mortgage on the Property. As part of that <br />refinancing, Owner desires to remove Geoffrey Maniago from title as an <br />owner of the Property. <br />F. It is necessary to amend the Agreement to change the definition of Owner to <br />exclude Geoffrey Maniago, and to ensure that any subsequent deeds or <br />mortgagees are subordinate to the Agreement. <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br />other good and valuable consideration, the receipt and sufficiency of which are <br />hereby acknowledged, the Parties hereby agree as follows: <br />1. The definition of "Owner'' contained in the Agreement is amended to mean <br />Fidel Maniago and Aurelia Maniago, Husband and Wife as Joint Tenants. <br />Geoffrey Maniago shall no longer be included in the defini~ion of Owner, as <br />that term is used in the Agreement. <br />2. Section 15, "Subordincition," of the Agreement is amended in its entirety to <br />read as follows: <br />"This Agreement shall not be subordinate to any deed of trust or mortgage on <br />the premises without the written consent of the City of San Leandro." <br />3. All other terms, covenants and conditions of the Agreement shall remain <br />unchanged and in full force and effect. <br />IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed <br />as of the date first above written. <br />CITY OF SAN LEAN.ORO <br />By: signed .in counterpart <br />Jeff Kay, City Manager <br />Attest: <br />By: signed in counterpart <br />Marian Handa, Interim City Clerk <br />Approved as to Form: <br />By: signed in counterpart <br />Richard D. Pio Roda, City Attorney <br />. i <br />OWNERS: <br />By: signed in.counterpart <br />Fidel Maniago <br />By: signed in counterpart <br />Aurelia Mariiago <br />j