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2. It intentionally and unconditionally waives, relinquishes, and <br />subordinates the charge of its Agreement in favor of the Deed of Trust (to the <br />extent that the proceeds of any loan secured by such Deed of Trust is used (i) <br />for costs incurred to develop a project on all or part of the Property, <br />including engineering and processing costs, or (ii) refinancing of any of the <br />foregoing costs) and understands that in reliance upon, and in consideration of <br />this waiver, relinquishment and subordination, specific loans, extensions and <br />advances are being and will be made and, as a part and parcel thereof, specific <br />monetary and other obligations are being and will be entered into which would <br />not be incurred or entered into but for Lender's reliance upon this waiver, <br />relinquishment and subordination. Without limiting the generality of the <br />foregoing, the parties hereby acknowledge and agree that the lien of any <br />assessment district hereafter lawfully imposed by the City or any other <br />governmental entity having jurisdiction over the Property shall not, without <br />further written agreement between the parties and/or such other governmental <br />entity, be subordinate to the Deed of Trust. <br /> <br /> 3. Lender is an intended beneficiary of this Subordination Agreement <br />and shall be entitled to enforce the terms, covenants and conditions contained <br />herein as a third-party beneficiary to the extent that such terms, covenants and <br />conditions are consistent with the terms and conditions of the Agreement. <br /> <br />NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH <br />ALLOWS THE PERSON OBLIGATED PURSUANT TO YOUR AGREEMENT TO OBTAIN A <br />LOAN SECURED BY A DEED OF TRUST SENIOR AND SUPERIOR TO THE AGREEMENT. <br /> <br />CITY: <br /> <br />OWNER: <br /> <br />City of Pleasanton, <br />a municipal corporation <br /> <br />By: <br /> Mayor <br /> <br />ATTEST: <br /> <br />CROW-SP IEKER-S INGLETON #112, <br />a Te×a~ limited partnership <br /> ~~er <br /> <br />City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />City Attorney <br /> <br /> <br />