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200411610 <br />constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge <br />of the Deed of Trust first above mentioned. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other <br />valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in <br />order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed <br />to as follows: <br />(1) That said Lender's Security Instrument securing said note in favor of Lender, and any <br />renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge <br />on the property therein described, prior and superior to the lien or charge of the Deed of Trust first <br />above mentioned. <br />(2) That Lender would not make its loan above described without this subordination agreement. <br />(3) That this agreement shall be the whole and only agreement with regard to the subordination <br />of the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the <br />Lender's Security Instrument in favor of Lender above referred to and shall supersede and <br />cancel, but only insofar as would affect the priority between the lien instruments hereinbefore <br />specifically described, any prior agreements as to such subordination including, but not limited to, <br />those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for <br />the subordination of the lien or charge thereof to another deed or deeds of trust or to another <br />mortgage or mortgages. <br />Beneficiary declares, agrees and acknowledges that: <br />(a) It consents to and approves (i) all provisions of the note and Lender's Security Instrument in <br />favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or <br />escrow agreements, between Owner and Lender for the disbursement of the proceeds of <br />Lender's loan. <br />(b) Lender in making disbursements pursuant to any such agreement is under no obligation or <br />duty to, nor has Lender represented that it will, see to the application of such proceeds by the <br />person or persons to whom Lender disburses such proceeds and any application or use of such <br />proceeds for purposes other than those provided for in such agreement or agreements shall not <br />defeat the subordination herein made in whole or in part. <br />(c) It intentionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust <br />first above mentioned in favor of the lien or charge upon said land of the Lender's Security <br />Instrument in favor of Lender above referred to and understands that in reliance upon, and in <br />consideration of, this waiver, relinquishment and subordination specific loans and advances are <br />being and will be made and, as part and parcel thereof, specific monetary and other obligations <br />are being and will be entered into which would not be made or entered into but for said reliance <br />upon this waiver, relinquishment and subordination; and <br />(d) An endorsement has been placed upon the note secured by the Deed of Trust first above <br />mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge <br />of the Lender's Security Instrument in favor of Lender above referred to. <br />NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE <br />PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION <br />OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF LAND. <br />Page 2 of 3 <br />