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200301510 <br />WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner <br />and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien <br />or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of <br />Trust first above mentioned. <br />NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and <br />other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, <br />and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and <br />agreed as follows: <br />1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or <br />extensions thereof, shall unconditionally be and remain at all times a lien or charge on <br />the property therein described, prior and superior to the lien or charge of the Deed of <br />Trust first above mentioned. <br />2. That Lender would not make its loan above described without this subordination <br />agreement. <br />3. That this agreement shall be the whole and only agreement between that parties <br />hereto with 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 Deed of Trust in favor of Lender above <br />referred to and shall supersede and cancel any prior agreements as to such, or any <br />subordination including, but not limited to those provisions, if any, contained in the Deed <br />of Trust first above mentioned, which provide for the subordination of the lien or charge <br />thereof to a Deed or Deeds of Trust or to a Mortgage or Mortgages to be thereafter <br />executed. <br />Beneficiary declares, agrees and acknowledges that <br />A. It consents to and approves (i) all provisions of the Note and Deed of Trust in favor of <br />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 />Lenders loan; <br />B. Lender in making disbursements pursuant to any such agreement is under no <br />obligation or duty to, nor has Lender represented that it will, see to the application of such <br />proceeds by the person or persons to whom Lender disburses such proceeds and any <br />application or use of such proceeds for purposes other than those provided for in such <br />agreement or agreements shall not defeat the subordination herein made in whole or in <br />part: <br />C. It intentionally and unconditionally waives, relinquishes and subordinates the lien or <br />charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said <br />land of the Deed of Trust in favor of Lender above referred to and understands that in <br />reliance upon, and in consideration of this waiver, relinquishment and subordination <br />specific loans and advances are being and will be made and, as part and parcel thereof, <br />specific monetary and other obligations are being and will be entered into which would <br />not be made or entered into but for said reliance upon this waiver, relinquishment and <br />subordination; and <br />D. An endorsement has been placed upon the note secured by the Deed of Trust first <br />above mentioned that said Deed of Trust has by this instrument been subordinated to the <br />lien or charge of the Deed of Trust in favor of Lender above referred to. <br />