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NOW, THEREFORE, in consideration of the mutual benefits accruing to the <br />parties hereto and other valuable consideration, the receipt and sufficiency of <br />which consideration is hereby acknowledged, and in order to induce Lender to <br />make the loans above referred to, it is hereby declared, understood and agreed <br />as follows: <br />(1) That said Regulatory Agreement with Lender shall unconditionally <br />be and remain at all times a lien or charge on the property therein described, <br />prior and superior to the lien or charge of the deed of trust first above <br />mentioned. <br />(2) That Lender would not make its loans above described without <br />this Subordination Agreement. <br />(3) That this agreement shall be the whole and only agreement with <br />regard to the subordination of the lien or charge of the deed of trust first <br />above mentioned to the lien or charge of the Regulatory Agreement with Lender. <br />Beneficiary declares, agrees and acknowledges that: <br />(a) Beneficiary consents to and approves all provisions of the <br />Regulatory Agreement above referred to; <br />(b) Beneficiary intentionally waives, relinquishes and subordinates <br />the lien or charge of the deed of trust first above mentioned in favor of the <br />lien or charge upon said property of the Regulatory Agreement above referred to <br />and understands that in reliance upon, and in consideration of, this waiver, <br />relinquishment and subordination, the loans are being and will be made and <br />specific monetary and other obligations are being and will be entered into <br />which would not be made or entered into but for said reliance upon this waiver, <br />relinquishment and subordination. <br />The parties have executed this Subordination Agreement as of the date <br />first written above. <br />Beneficiary: <br />CITY OF PLEASANTON, CALIFORNIA, a <br />California nicipal corporation <br />By: <br />Its: Interim City Manager <br />20b:SuborDT2.RA <br />Owner: <br />RIDGE VIEW COMMONS ASSOCIATES, a <br />California Limited Partnership <br />By: RVC Investments, Inc., a <br />California nonprofit public <br />public , nefit corporation, <br />its ge al partner <br />� ��, <br />By: <br />Catherine A. Mersc <br />Executive Director <br />