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1787 Subordination Agrmt Pie in the Sky jtj � q Prepared by and return to: Jennifer D. Cockcroft, Esquire Stenstrom, McIntosh, Colbert, &Whigham P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 (407) 322-2171 Tax Parcel Identification Number: 25-19-30-5AG-0304-0020 SUBORDINATION AGREEMENT THIS INDENTURE made this 144*� day of ,lu 1�i 2016, between THE CITY OF SANFORD, a Florida municipality, whose address is 300 N. Park Avenue, Sanford, Florida 32771 (hereinafter referred to as "CITY"), and PIE IN THE SKY, INCORPORATED, whose address is 107 West First Street, Suite 100, Sanford, Florida 32771 (hereinafter referred to as "PIE IN THE SKY"): WHEREAS, the Parties entered into an Agreement on the 14th day of September, 2010, providing for loan subsidy funds in order to redevelop the Property generally addressed as follows: 107 West First Street located in the City Limits of the City of Sanford, Florida and which is owned by PIE IN THE SKY, titled: City of Sanford Loan Subsidy Agreement and Grant of Lienhold Interest — Pie in the Sky, Incorporated, the terms of which gave City a Lienhold interest in the Property; and WHEREAS, by virtue of the Agreement entered into by the Parties, the City is the owner and holder of a Lienhold interest on the property owned by PIE IN THE SKY on the following described real property (hereinafter the "Property"), which Lien (aforementioned City of Sanford Loan Subsidy Agreement and Grant of Lienhold Interest — Pie in the Sky, Incorporated) is recorded in Official Records Book 7451 Pages 190-197 of the Public Records of Seminole County, Florida, which Lien encumbers the Property, more particularly described as follows: Parcel Identification Number: 25-19-30-5AG-0304-0020 Legal Description: Part of Lot 2, Block 3, Tier 4, E.R. Trafford's Map of the Town of Sanford as recorded at Plat Book 1, Pages 56 through 64, inclusive, of the Public Records of Seminole County, Florida, that is beginning at the Southeast corner of Lot 2, run West 48.1 feet, thence Northwesterly to the Northwest corner of said Lot 2, thence East 49.6 feet to the Northeast corner of said Lot 2, thence South to the Southeast corner of said Lot 2 and to the point of beginning. WHEREAS, Section 2-369 of the Code of Ordinances of the City of Sanford as amended by Ordinance Number 2016-4384 on the 12th day July, 2016, provides that recipients of loan subsidies from the City of Sanford who enter into agreements with Page I of 3 SUBORDINATION AGREEMENT commercial banks or other financial institutions after June 1, 2006 may have their Agreement and Lienhold interest placed in secondary position to the position of the bank/financial institution; and WHEREAS the party of the second part, PIE IN THE SKY, has entered into a mortgage agreement with Wells Fargo Bank, National Association, a National Bank., Business Real Estate Financing, 3033 Elder Street, Boise, ID 83705, (Loan Ref#: 3350- 39654), in the amount of Three Hundred Thirty-Eight Thousand and No/100th Dollars ($338,000.00) to be secured by a first mortgage encumbering the above described premises, and the said mortgagee has required the party of the second part, as a condition precedent to making of said mortgage, that the City subordinate its Lien and all its rights thereunder to the mortgage to be placed upon said property by the mortgagee and the City is agreeable to such subordination; and ACCORDINGLY, IN CONSIDERATION OF the sum of One Dollar ($1.00) and other valuable consideration in hand paid by the party of the second part to the City, receipt whereof is hereby acknowledged, the City does hereby subordinate the aforesaid Lien held by it and all its rights there under to the mortgage to be placed upon the above described premises by the mortgagee for the benefit of the party of the second part, in the amount of Three Hundred Thirty-Eight Thousand and No/100th Dollars ($338,000.00) which mortgage is to be placed upon said premises by the said mortgagee. ATTEST.- CITY OF SA FO ORIDA lm f2ALr1 _'V C -P$rter, City Clerk Jeff Triplett, Aay r et goue iri, 1�a1 f Date: WV Approved as to form and legal sufficiency. aiam L .Colbert, City Attorney Page 2 of 3 SUBORDINATION AGREEMENT A TTES T.- Owner/Pie In The Sky, Incorporated vaif J.-C—ran i a s Theodore M. Cranias Secreta,,'yNice-Presiden President/Treasurer %ec(and WitSignature &IC&7� a 'r) Printed Name Of Witness Acknowledgment State Of Florida County Of Seminole The foregoing was sworn to and subscribed before me this day Of jui�) , A.D. 2016, by THEODORE M. CRANIAS, as President of Pie In the Sky, Inc., and VAN J. CRANIAS as Secretary of Pie In the Sky, Inc., who is personally known to me or who produced 'FJOY'00 fNr)veVS Ljofj,�Se, as identification and who did execute the foregoing document under oath or affirmation. Witness my hand and official seal in the County and State aforesaid this day of '.�u A.D. 2016. Notary Seal: Notary Public, State of Florida My Commission Expires: P-7 "AIM" TRACI R.HOUCHIN MY COMMISSION#FF 042947 EXPIRES:August 24,2017 Bonded Thru Bu*Notary Services Page 3 of 3 SUBORDINATION AGREEMENT