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17-APPROVE RES AUTHORIZING EXECUTION OF SUBORDINATION OF LIEN TO LAMAR NATIONAL BANK REGARDING KENNETH WHITE DBA WHITE'S FLOORINGCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Ptesented By: Agenda Item No.: 1-18-12 Council Date: City Manager Gene Anderson 17. 1-23-12 RECOMMENDED MOTION: Approve a resolution authorizing the execution of a subordination of lien to Lamar National Bank regarding an additional loan to Kenneth White, d/b/a White's Flooring. POLICY ISSUE(S): Fiscal Management The City of Paris received a Rural Business Enterprise Grant in 2008. Part of this grant was awarded in the form of a low interest loan to Kenneth White that was executed in conjunction with a loan to Mr. White made by Lamar National Bank. The loans were for $60,000 each. These loans were for the purchase of a building and expansion of Mr. White's business. Under this program, the City's loan held a second lien position to the Lamar Bank loan. Mr. White has been making timely payment on both loans. The current balances of the two loans are approximately $51,000 and $49,000 respectively. Having analyzed Mr. White's financial position, Lamar Bank is proposing to loan Mr. White and additional $30,000 for his business. As the second lien holder, the City must agree to the loan and agree to accept second lien position to the additional loan amount. Given the purpose of the grant program was to support small businesses, the staff recommends passage of this resolution. The City will not be increasing its loan and payments will continue to be made on the City loan on the original payment schedule. The City loan is a 15 year note with final payment to be made in 2023. BOARD/COMMISSION RECOMMENDATION: None EXHIBITS: Resolution; Subordination Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $NA ❑ Department Report Z Resolution Budgeted Amt. $NA ❑ Presentation ❑ Ordinance y'I'D Actual $NA ❑ Public Hearing ❑ Other Acct. Name NA Acct. Number NA FISCAL NOTES: None REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris 1 4C3 p Revised 2/04/08 ~ Draft RESOLUTION N0. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, ACKNOWLEDGING AND APPROVING A SUBORDINATION AGREEMENT ATTACHED HERETO AS EXHIBIT "A" AND SUBORDINATING THE CITY'S 2008 NOTE WITH KENNETH WHITE D/B/A WHITE'S FLOORING TO THE AMENDED LOAN AGREEMENT BETWEEN LAMAR NATIONAL BANK AND KENNETH WHITE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On April 8, 2008, The City of Paris made a$60,000.00 loan to Kenneth White d/b/a Whites Flooring, using Rural Business Enterprise Grant Funds, for White to purchase a building on N. Main Street for his flooring business; and WHEREAS, in connection with the City's loan, Lamar National Bank also made a$60,000.00 small business loan to Kenneth White d/b/a/ White's Flooring, and Lamar National Bank's loan was put in primary position and the City's note was made secondary; and WHEREAS, Kenneth White has recently approached Lamar National Bank about borrowing an additional $30,000.00 for his business and the Bank has agreed to loan the additional funds to Mr. White in return for the City subordinating its 2008 note to Mr. White's revised loan amount with Lamar National Bank; and WHEREAS, Lamar National Bank, having analyzed Kenneth White's financial position, is proposing to loan him an additional Thirty Thousand Dollars ($30,000.00) for his business. This amount would bring the current Lamar National Bank loan balance of $51,750.00 to a new balance of $81,750.00; and WHEREAS, Mr. White's current loan balance with the City of Paris is $49,000.00 and he is current with his payments; and WHEREAS, the City Council hereby deems it to be in the best interests of the citizens of Paris that the City of Paris approve the subordination agreement, attached hereto as Exhibit "A", with Lamar National Bank and continue its efforts to fund small and emerging businesses in the city of Paris, Texas; and, WHEREAS, the City Council hereby authorizes the Mayor of the City of Paris, Texas to execute the Subordination Agreement attached hereto as Exhibit "A" and any other documents necessary to this transaction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: 143 Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the City Council of the City of Paris, Texas acknowledges and approves of the Subordination Agreement attached hereto as Exhibit "A" and authorizes the Mayor to execute this Subordination Agreement or any other documents related thereto. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 23rd day of January 2012. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 150 01/18/12 10:39AM LA24ARNkTLBANK 9037846222 p.02 'I`HE STATE OF TEXAS § 511BORDINATION AGRFEMENT COUNTY OF LAMAR § PROPOSED FIRST LIEN: DESCRIPTION OF F1RST LIEN NOTE AND DEED OF TRUST: DATE : THE DAY OF , 2012 AMOUNT : $81,750.00 MAKER : KENNETH WHITE PAYEE : LAMAR NATIONAL BANK TRUSTEE : DiCK SEVERSON DEED OF TRUST RECORDING INFORMATiON: TO BE RECORDED IN THE OFFICIAL PUBLIC RECORDS OF LAMAR COUNTY, TEXAS. SECOND LIEN: DATE : APRIL 4, 2008 AMOUNT : $60,000.00 MAKER : KENNETH WHITE PAYEE : THE CITY OF PARIS, TEXAS TRUSTEE : JESSE JAMES FREELEN DEED OF TRUST RECORDING INFORMATION: OFFICIAL PUBLIC RECORDS OF LAMAR COUNTY, NUMBER 058307-2008. TEXAS, UNDER INSTRUMENT WHEREAS, Lamar NaTional Bank is the present holder and owner ofa first lien note dated April 4, 2008, in the originai sum of $60,000.00, secured by a vendor's and deed of trust lien fully described in deed of trust to Michael Rhodes, Trustee, of recard Under Instrument Number 058306- 2008, Official Public Records of I.amar County, "I'exas; and WHEREAS, The City af Paris, Texas is the holder of the second lien note and deed of trust above described; and WHEREAS, Kennetli White, has reguested Lamar National Bank to advance an additional sum of $30,000.00 upon his loan and Lamar National F3ank is willing ta do so only if The City of Paris, Texas will subordinate their debt and lien to the entire amount that will be owing to I,amar National Bank after the additional $30;000.00 advance; and WHEREAS, the Amount show-n above on the Proposed First Lien is the amount of the new note to Lamar National Bank, which includes the approximate balance owing upon the original first lien note and the additionai $30,000.00 advance. 151 ~k ~I EXHIBIT l~. 01/18/12 10:39AM LAMkRNkTLBk1dK 9037846222 p.03 NOW THERETORF, THE CITY OF PARIS, TEXAS, for a valuable cansideration, the receipt and sufficiency of which is hereby acknowledged, does hereby agree that note and liens described herein as SECOND t11EN are hereby subordinated to the Proposed First Lien Note and the Deed of Trust and other liens securing same_ The City of Paris, Texas herebv recognizes the Note aild Liens described as PROA05ED FIRST LIEN when madc will be first, prior, and superior ta those described as SECOND LIEN. This Subordination Agreement was approved by Resalution of the Cifiy Counsel of the City of Paris, Texasr on the day of January, 2012. F.,XFCUTED this day of January, 2012. `I'HE CITY OP PARIS, TEXAS BY: STATE OF TEXAS CnUNTY OF LAMAR A. J. Hashmi, Mayor THIS INSTRUMENT was acknowledged before me on the day of Jaauary, 2012, by A. J. HASHMI, Mayar of the Cify of Paris, Texas, on behaif uf said city. Notary Public S#ate of 1"exas AFTER RECORDING RETURN: Lamar National Bank 200 South Collegiate Paris, Texas 75460 ~ ~Z'