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Subordination Agmt 700 Fargo Ave 12232020
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Subordination Agmt 700 Fargo Ave 12232020
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6/24/2024 12:23:57 PM
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6/24/2024 12:23:53 PM
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CM City Clerk-City Council
Document Date (6)
12/23/2020
Recorded Document Type
Subordination
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RECORDING REQUESTED BY: <br />Chicago Title Company <br />Order No.: FWPN-3652001246 <br />When Recorded Mail Document To: <br />City of San Leandro <br />835 E. 14th St. <br />San Leandro, CA 94577 <br />Attn: City Clerk <br />No fee for recording pursuant to <br />Government Code Section 27383 <br />APN: 0S0G-1287-032-00 SPACE ABOVE THIS LINE FOR RECORDER'S USE <br />SUBORDINATION AGREEMENT <br />NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY <br />BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER <br />SECURITY INSTRUMENT. <br />THIS AGREEMENT (this "Subordination Agreement"), dated as of , is entered into by and between Francesca <br />Valentina Lorenzo the owner ("Owner"} and the City of San Leandro as Housing Successor to the Redevelopment <br />Agency of the City of San Leandro ("City"). Owner and City are collectively referred to herein as the "Parties." <br />RECITALS <br />WHEREAS, Owner is the owner of certain real property located at 700 Fargo Avenue # 4, San Leandro, CA <br />94579 in the City, known as Assessor's Parcel Number 0S0G-1287-032-00 (the "Property") as more particularly <br />described in Exhibit A attached hereto and incorporated herein by this reference. <br />WHEREAS, The City and the Owner entered into that certain Resale Agreement and Option to Purchase Agreement <br />(the "Agreement") recorded as document number 2017148605 on July 7, 2017 in the official records of Alameda <br />County; and <br />WHEREAS, to secure the Agreement to the City, Owner did execute a deed of trust (the "Performance Deed of <br />Trust") recorded as document number 2017148606 on July 7, 2017. in favor of The City of San Leandro; and <br />WHEREAS, Owner has executed, or is about to execute, a deed of tru,e£he "lender Deed of Trust") and note (the <br />"Lender loan") in the amount of $194,000 dated Ptlf1JV\}7 q J :Z.,.-0 yQ. in favor of Best Capital <br />Funding (the "Lender") upon the terms and conditions described in the Lender Loan, which Lender Deed of Trust is <br />to be recorded concurrently herewith; and <br />WHEREAS, it is a condition precedent to obtaining the Lender Loan that the Lender Deed of Trust shall unconditionally <br />be and remain at all times a lien or charge upon the Property prior and superior to the lien or charge of the City Deed <br />of Trust; and <br />WHEREAS, Lender is willing to make the Lender Loan provided the Lender Deed of Trust is prior and superior to City <br />Deed of Trust, and the City agrees specifically and unconditionally subordinate the lien or charge of the City Deed of <br />Trust to the lien or charge of the Lender Deed of Trust in favor of Lender; and <br />WHEREAS, it is to the mutual benefit of the Parties that Lender make the Lender Loan to Owner; and City has agreed <br />to subordinate the City Deed of Trust to the Lender Deed of Trust. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable <br />consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce <br />Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: <br />Page No. 1 of 3
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