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RECORDING REQUESTED BY AND <br />WHEN RECORDED RETURN TO: <br /> <br />Attention: Laura Traxler <br /> Loan No. 1989ZS <br />WELLS FARGO BANK <br />REBG - Construction and Finance <br />420 Montgomery Street, 6th Floor <br />San Francisco, CA 94163 <br /> <br />NOTE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR RIGHTS UNDER THAT CERTAIN <br />AGREEMENT, DATED JUNE 24, 1985, AFFECTING THE PROPERTY BECOMING SUBJECT TO AND <br />OF LOWER PRIORITY THAN THE LIEN OF A SECURITY INTEREST IN THE PROPERTY. <br /> <br />SUBORDINATION AGREEMENT <br /> <br /> THIS AGREEMENT is made as of April 27, 1990 by and between <br />CROW-SPIEKER-SINGLETON #112, a Texas limited partnership ("Owner"), owner of the <br />land (the "Property") described in EXHIBIT A hereto, and the City of Pleasanton, <br />a municipal corporation (the "City"). <br /> <br />RECITALS <br /> <br /> A. City and Owner (as a successor in interest) are parties to that <br />certain Agreement ("Agreement"), dated June 24, 1985, and recorded, <br />January 13, 1986, as Instrument 86-007150 in the Official Records of Alameda <br />County, California, pursuant to which Owner is obligated to make financial <br />contribution to certain municipal studies and participate in certain assessment <br />districts or funding mechanisms for certain improvements as a condition of the <br />industrial development of the Property. <br /> <br /> B. In connection with the financing of the Property, Owner proposed <br />to execute a Promissory Note in the amount of TWENTY MILLION THREE HUNDRED <br />THOUSAND AND NO/lO0 DOLLARS ($20,300,000.00) in favor of Wells Fargo Bank, <br />National Association, ("Lender"). The Note is to be secured by a Deed of Trust <br />and Assignment of Rents ("Deed of Trust") to be recorded in the Official Records <br />of Alameda County. Copies of the Note and Deed of Trust will be provided to the <br />City when executed by Owner and Lender. <br /> <br /> C. Pursuant to the terms of the Loan, Lender requires the Deed of <br />Trust to be and remain at all times a first lien on the Property senior and <br />prior to the charge of the Agreement. <br /> <br /> D. It is to the mutual benefit of the parties hereto that Lender <br />make the Loan to Owner and City is willing that the charge of the Agreement be <br />subordinated and made subject to the Deed of Trust in that the proceeds of the <br />Loan are to be expended by Owner for developing the Property, including soft <br />costs such as engineering, architecture and accounting directly related to <br />development of the Property. <br /> <br />NOW, THEREFORE, the parties hereby agree as follows: <br /> <br /> 1. The charge of the Agreement is subject and subordinate to the <br />Deed of Trust securing the Note and any renewals, modifications or extensions <br />thereof and that the Deed of Trust shall unconditionally be and remain at all <br />times prior and senior to the charge of the Agreement. <br /> <br /> 2. That this Subordination Agreement shall be the whole and only <br />agreement with regard to the subordination of the charge of the Agreement to the <br /> <br /> <br />