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2009075.13 <br />agreement. <br />(3) That this agreement shall be the whole and only agreement with regard to the <br />subordination of the Existing and Continuing Security Instrument to the New <br />Security Instrument and shall supersede and cancel, but only insofar as would <br />affect the priority between the security instruments hereinbefore specifically <br />described, any prior agreements as to such subordination including, but not limited <br />to, those provisions, if any, contained in the Existing and Continuing Security <br />Instrument above mentioned, which provide for the subordination of the lien to <br />another security instrument, deed of trust or mortgage. <br />Subordinating Lender declares, agrees and acknowledges that <br />(a) It consents to and approves (i) all provision of the note and New Security <br />Instrument in favor of Lender above referred to, and (ii) all agreements, including <br />but not limited to any loan or escrow agreements, between Borrower and Lender <br />for the disbursement of the proceeds of the New Loan; <br />(b) Lender making disbursements pursuant to any such agreement is under no <br />obligation ar duty to, nor has Lender represented that it will, see to the application <br />of such proceeds by the person or persons to whom Lender disburses such <br />proceeds and any application or use of such proceeds for purposes other than <br />those provided for in such agreement or agreements shall not defeat the <br />subordination herein made in whale or in part; and <br />(c) It intentionally and unconditionally waives, relinquishes and subordinates the <br />lien of the Existing and Continuing Security Instrument in favor of the lien or <br />charge upon said land of the New Security Instrument and understands that in <br />reliance upon, and in consideration af, this waiver, relinquish and subordinate <br />specific loans and advances are being and will be made and, as part and parcel <br />thereof, 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 />