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<br />2. It intentionally aril 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 exigineering and processing costs, or (ii) refinancing of any of the <br />foregoing costs) and understands that in reliance upon, and in c=onsideration 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 acl~owledge and agree that the lien of arty <br />the Ci or any other <br />assessment district hereafter lawfully imposed byshall not, without <br />governmental entity having jurisdiction aver the Property <br />further written agreement between the parties and/or such other goverrnnental <br />entity, be subordinate to the Deed of Trust. <br />3. Lender is an intended beneficiary of this Subordination Agreement <br />acid 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 <br />and conditions are consistent with the terms and conditions of the Agreement. <br />NOTICE: THIS SUBORDINATION AGREEMEr]'T CONTAINS A PROVISION WHICH <br />ALLOWS THE PERSON OBLIGATED PURSUANT Ta YOUR AGREE~PT TO OBTAIl~T A <br />LOAN SECURED BY A DEED OF TRUST SENIOR AND SUPERIOR TO THE AGREIE~IENT• <br />City of Pleasanton, <br />a municipal corporation <br />~:~~~ <br />CROW-SPIEI~Et SINGLETON #112, a <br />a Texas limited partnership <br />Peter H. Schnugg, <br />Managing General <br />~~'~~- <br />APPROVED AS 'TO FORM: <br />~~~ <br />