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21-029 Subordination Agreement, 10090 Imperial Avenue, APN 357-22-020RECORDING REQUESTED BY: First American Title Company "This document was electronically submitted to Santa Clara County for recording" 24794934 WHEN RECORDED MAIL DOCUMENT TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 City Manager A. P. N .: 357-22-020 Property Address: 10090 Imperial Avenue, Cupertino, CA 95014 Regina Alcomendras Santa Clara County - Clerk -Recorder 01/21/2021 12:56 PM Titles:1 Pages:11 Fees: $0.00 Tax: $0 Total: $0.00 Space Above This Line for Recorder's Use Only Subordination Agreement (City to Lender) Title of Document File No.: 4307-6335716 (SC) The undersigned declares that the document to which this page is affixed and made a part of is exempt from the fee imposed by the Affordable Housing & Job Act (SB2) (GC 27388.1) (x ) Recorded [concurrently] in connection with a transfer of real property subject to the Imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). () Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). ( ) Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2) ( ) Transfer of real property that is a residential dwelling to an owner -occupier - GC 27388.1 (a)(2) THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) RECORDING REQUESTED BY: First American Title Company WHEN RECORDED MAIL DOCUMENT TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 City Manager Space Above This Line for Recorder's Use Only A.P.N.; 357-22-020 File No.: 4307-6335716 (SC) Property Address: 10090 Imperial Avenue, Cupertino, CA 95014 Subordination Agreement (City to Lender) Title of Document The undersigned declares that the document to which this page is affixed and made a part of is exempt from the fee imposed by the Affordable Housing & Job Act (SB2) (GC 27388.1) (x ) Recorded [concurrently] in connection with a transfer of real property subject to the imposition of Documentary Transfer Tax per GC 27388.1 (a) (2). ( ) Recorded [concurrently] in connection with a transfer of real property that is residential dwelling to an owner - occupier per GC 27388.1 (a) (2). () Maximum fee of $225 has been reached per GC 27388.1 (a) (1). () Not related to real property GC 27388.1 (a) (1). ( ) Transfer of real property subject to the imposition of Documentary Transfer Tax - GC 27388.1 (a)(2) ( ) Transfer of real property that is a residential dwelling to an owner -occupier - GC 27388.1 (a)(2) THIS PAGE ADDED TO PROVIDE EXEMPTION INFORMATION FOR THE BUILDING HOMES AND JOBS ACT FEE (SB-2; AFFORDABLE HOUSING FEE) ($3.00 Additional recording fee applies) RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Cupertino 10300 Torre Avenue, 7 � Cupertino, CA 95014 Attention: City Manager No fee for recording pursuant to Government Code Section 27383 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) SUBORDINATION AGREEMENT (CITY TO LENDER) NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN AND RESTRICTIVE COVENANTS AFFECTING THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT AND RESTRICTIVE COVENANTS. THIS SUBORDINA�ION AGREEMENT (the "Agreement") is entered into as of oQnsvq 11 , 2027, by and among the City of Cupertino, a municipal corporation (the "City"), Pdrick Darius Phipps, an unmarried man, sole and separate (the "Owner") and Guild Mortgage Company LLC (the "Lender"). RECITALS A. Owner is the fee simple owner of that certain real property located at 10090 Imperial Ave, Cupertino, California, as more particularly described in Exhibit A attached hereto (the "Property"), which is a below market rate unit restricted under the City's Below Market Rate Housing Program. B. In connection with the Owner's purchase of the Property, the City and the Owner entered into the following documents (collectively, the "City Documents"): (i) That certain Occupancy, Refinancing, and Resale Restriction Agreement with Option to Purchase (the "City Resale Restriction Agreement") dated as of /toyq t p ` , by and between City and the Owner, and recorded in the official records ,f�cSanta Clara Count (the "Official Records") on O 1 I211202 as Document No. 'f Recording Concurrently Herewith (ii) That certain Promissory Note dated as of t&tAf /-r ??' e#1ecuted by Owner for the benefit of the City (the "City Promissory Note"); and 394\09\2528698.1 (iii) That certain Deed of Trust dated as of Sanu6�X 1 -2-6 21, executed by the Owner, as trustor, naming the City as beneficiary, securing the ity Promissory Note and the City Resale Restriction Agreement, and recorded in the Official Records on D 21 Z o Z as Document No. T Recording Concurrently Herewith C. Lender has agreed to finance the First Loan in an amount not to exceed Three Hundred Ninety -Six Thousand Four Hundred Thirty -Three Dollars ($396,433), at a fixed interest rate of three and one hundred twenty-five thousandths percent (3.125%) per annum, for a term of thirty (30) years (the "First Loan"). The proceeds of the First Loan will be evidenced by a promissory note (the "Lender Note"), and secured by a deed of trust (the "Lender Deed of Trust") dated as of /c AL__j A, and recorded concurrently herewith in the Official Records. The Lender Note and the Lender Deed of Trust are hereinafter collectively referred to as the "Lender Documents." D. It is a condition of the First Loan that the Lender Documents shall unconditionally be and remain at all times a lien or charge upon the Property, prior and superior to the lien or charge of the City Documents. E. As a condition to subordinating the City Documents, the City requires that the Lender provide the City notice of defaults and the right to cure defaults under the Lender Documents. F. It is to the mutual benefit of the parties herein that the Lender Documents shall constitute a lien or charge upon the Property which is unconditionally prior and superior to the lien or charge of the City Documents. NOW, THEREFORE, in consideration of the recitals hereof, the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, it is hereby declared, understood and agreed as follows: 1. The Lender Documents and any renewals, modifications, extensions or advances thereunder or secured thereby shall unconditionally be and remain at all times liens, claims or charges on the Property therein described, prior and superior to the lien or charge of the City Documents. 2. The City declares, agrees and acknowledges that it intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the City Documents in favor of the lien or charge upon the Property of the Lender Documents and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination, specific monetary obligations are being entered'into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination. 3. Lender covenants and agrees that in the event that Lender delivers to Owner a notice of default under the Lender Documents, Lender shall deliver to the City a copy of said notice ' concurrently with delivery to Owner, and the City shall have the right (but not the obligation) to 2 394\09\2528698.1 cure any or all defaults specified in said notice for a period of ninety (90) days after the date of such notice, and Lender hereby agrees to accept all payments and all acts done by the City on behalf of Owner within the cure period specified herein as though the same had been timely done and performed by Owner, so that such acts and payments shall fully and totally cure and correct all such defaults, breaches, failures or refusals for all purposes. 4. As a condition for approval of this subordination, a request for notice of default and notice of sale regarding the First Loan shall be recorded in the Official Records for the benefit of the City. 5. With regard to the priority of the deeds of trust described herein, this Agreement shall be the sole and only agreement with regard to the subordination of the lien of the City Documents to the liens, claims or charges of the Lender Documents and shall supersede and cancel any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the City Documents, which provide for the subordination of the restrictions contained therein to another deed or deeds of trust or to another mortgage or mortgages or to another regulatory agreement. 6. This Agreement shall be binding on and inure to the benefit of the legal representatives, heirs, successors and assigns of the parties. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. If any of the provisions or terms of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other of the terms hereof, and this Agreement shall be construed as if such unenforceable term had never been contained herein. 9. This Agreement may be signed by different parties hereto in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. [Signatures on following page] 394\09\2528698.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND LOWER PRIORITY THAN THE LIENS) OF SOME OTHER LATER SECURITY INTEREST(S). IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF THIS AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT HERETO. CITY: CITY OF CUPERTIN ; a municipal corporation By: /f � �� � Deborah Feng, City Manager APPROVED AS TO FORM AND LEGALITY BY: Heather Minner, City Attorney Date: Jan 4, 2021 OWNER: Patrick Darius Phipps, an unmarried man, sole and separate �� Signed in Counterpart Patrick Darius Phipps 4 394\09\2528698.1 LENDER: Guild Mortgage Company LLC IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND LOWER PRIORITY THAN THE LIEN(S) OF SOME OTHER LATER SECURITY INTEREST(S). IT IS RECOMMENDED THAT PRIOR TO THE EXECUTION OF THIS AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT HERETO. CITY: CITY OF CUPERTIN , a municipal corporation By: Deborah Deng, City Manager APPROVED AS TO FORM AND LEGALITY BY: Kea+.Mor M. M4mw Heather Minner, City Attorney Date: Jan 4, 2021 OWNER: Patrick Darius Phipps, an unmarried man, sole and separate Patrick Darius Phipps LENDER: Signed in Counterpart Guild Mortgage Company LLC Dino Castro ASSISTANT SECRETARY 394%09%2528698.1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me,: , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct _.. WITNESS my hand:and,official seal Name: Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF S awA ON On 3QY1�4�W1 �� t`��� , before me, K*tM '1WW(A gV1E Notary Public, personally appeared 1-)gQ1fZ1 `• W4 , who p�d.to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws. of the State of California that the foregoing paragraph is true and correct. ASHLEY ANGELINA SANKS WITNESS my hand and official seal. COMM. #2194591 z z Notary Public • California c Monterey County 0 Comm. Expires Apr. 29, 2021 P Name: Notary P c A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF )SS COUNTY OF On is 0-I S'1214'k 1before me,� u I Notary Public, personally appeared who proved to me on the basis of satitfactory evidence to be the person s) whose name(so Is re subscribed to the within F/their ment and acknowledged to me th he he/they executed the same i i er/their authorize capacity(ies), and that by is signature(s) on the instrumenftt" rson(s), or the entity upon be a of which the person(s) acted, executed the instrume I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Notary 'gna JANELLE DE LUCA NotaryPublic— California , < = Santa Clara County + Commission * 2233595 My Comm. Expires Mar 9, 2022 This area for official notarial seal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF fkv P166 0 On (1,N114RY 13, 202�before me, 114014- %rO4660 Notary Public, personally appeared _V tN0 CAS` IL-O who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph:is true and correct, WITNESS my haud:and official seat Nam .( /i/1 Svvu& e o Notary Public MARK SCNGCO NotaryPublic- California z San Diego County n Commission # 2181420 My Comm. Expires Feb 23, 2021 EXHIBIT A LEGAL DESCRIPTION For APN/Parcel ID(s): 357-22-020 Real property in the City of Cupertino, County of Santa Clara, State of California described as follows: LOT 20, AS SHOWN ON THAT CERTAIN MAP ENTITLED "TRACT NO. 9410 ASTORIA", WHICH MAP.WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 26, 2002, IN BOOK 748 OF MAPS PAGE(S) 12 THROUGH 17. EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, WITHOUT RIGHTS OF SURFACE ENTRY, AS CONVEYED TO THE CITY OF CUPERTINO BY DEED. RECORDED JUNE 1, 1998 AS DOCUMENT NO. 14209355 OF OFFICIAL RECORDS. Page-3 of 3