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04
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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110513
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04
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12/5/2016 2:57:42 PM
Creation date
10/31/2013 12:02:08 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/5/2013
DESTRUCT DATE
15Y
DOCUMENT NO
04
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4. 4 Subordination of Obligation to Finance Additional <br /> Mitigations - SUBORDINATION AGREEMENT. THIS AGREEMENT CON- <br /> TAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN A SECURITY <br /> INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER <br /> PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY <br /> INSTRUMENT. Except to the extent assessment or benefit <br /> districts are otherwise imposed upon the Property in accor- <br /> dance with California law, the obliyations of Developer <br /> under this Agreement to finance Additional Mitigations <br /> through liens upon its property shall be automatically <br /> subordinate, without the execution and recordation of any <br /> instrument, to the lien of any deed of trust or other <br /> security instrument encumbering the Property, or any parcel <br /> thereof, in favor of a third party lender which secures the <br /> repayment of any construction loan or permanent loan, or <br /> both ("Loan" ) , provided the proceeds or such Loan are used <br /> only to develop or provide long-term financing for improve- <br /> ment of the Property, or parcel thereof, or both. The City <br /> shall execute such subordination agreement or other compar- <br /> able document as such lender may require to confirm the <br /> senior status of the lender ' s security. <br /> 5. TERM. <br /> The term of this Agreement shall commence on the effec- <br /> tive date of the ordinance adopting this Agreement and shall <br /> 10. <br />
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