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<br />Modification No. 2 to Loan Agreement between Dan & Gina Dillman and the City of San 05/28/2021 <br />Leandro <br />Page 1 of 3 <br /> <br /> <br />SECOND MODIFICATION TO LOAN AGREEMENT <br /> <br />THIS SECOND MODIFICATION (the “2nd Modification”) TO THE LOAN AGREEMENT <br />(“Agreement”) is entered into as of May 28, 2021 by and between Dan and Gina <br />Dillman, a married couple (the “Borrower”), and the City of San Leandro, a California <br />charter city (the “Lender”). Lender and Borrower are collectively referred to herein as <br />the “Parties.” <br /> <br />RECITALS <br /> <br />A. Pursuant to the Agreement, Borrower is the owner of that certain real property <br />located at 14808 East 14th Street, San Leandro, California, Alameda County Assessor’s <br />Parcel Number 77E-1593-008-00 and more particularly described in Exhibit A to the <br />Agreement (the “Property”); <br /> <br />B. Pursuant to the Agreement, Borrower requested and Lender agreed to provide a <br />loan in the amount of Four Hundred Thousand Dollars ($400,000) (the “Loan”) pursuant <br />to the terms and conditions in the Agreement and Loan Documents (defined below); <br /> <br />C. Pursuant to the Agreement, the Borrower executed a promissory note (the <br />“Note”) in the amount of the Loan, and a Deed of Trust, Assignment of Rents, Security <br />Agreement and Fixture Filings (“Deed of Trust”), which provides Lender with a security <br />interest in the Property. The Agreement, the Note, and the Deed of Trust are referred to <br />as the “Loan Documents;” <br /> <br />C. Pursuant to the Loan Documents, the Parties may from time to time modify the <br />Agreement in writing, and then such modification shall be effective only in the specific <br />instance and for the specific purpose for which given; <br /> <br />D. Pursuant to the Loan Documents, whenever approval of a modification is <br />required or permitted under the Agreement, such action may be given, made or taken <br />by Lender’s City Manager, without further approval by the City Council of Lender; <br /> <br />E. As a result of the global pandemic caused by COVID-19 and related financial <br />hardships due to state-wide and county-wide required closures of businesses, Borrower <br />has requested and Lender has agreed to defer those certain Loan sums due on June 1, <br />2021 and December 1, 2021 pursuant to the Loan Documents; <br /> <br />F. Lender and Borrower desire to enter into this 2nd Modification to defer the Loan <br />payments due on June 1, 2021 and December 1, 2021.. <br /> <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements <br />contained in the Agreement, and other good and valuable consideration, the receipt and <br />DocuSign Envelope ID: 55EC0FF6-E6CF-40B6-8251-286F8DA4E56E