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2012-006 RES AMENDED LOAN AGREEMENT WITH COP AND KENNETH WHITE DBA WHITE'S FLOORINGRESOLUTION N0. 2012-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAR[S, 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 Ciry 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: 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 27th day of January 2012. Edwin Pickle Presiding Council Member ATTEST: ~ (kce Ellis, City Clerk APPROVED AS TO FORM: W. Kent cIlyar, ity Attorney 01/18/12 10:39kIi Lk13AR1dkTLBkiJK 9037846222 p.02 THE STATE OF TEXAS § SUBORDiNATJON AGRFEMBNT COUNTY OF LAMAR § PROPt3SED FIRST LIEN: DESCRIPTION OF FIRST LIEN NOTE AND DEED OF TRUST: DATE : THE DAY OF 12012 AMOUNT : $81,750.00 MAKER : KENNETH WHlTE PAYEE : LAMAR NATIONAL BANK TRUSTEE : DICK SEVERSON DEED OF TRUST RECORDfNG INFORMATION: 70 BE RECORDED IN THE OFFiCIAL PUBLIC TEXAS. SECOND LIEN: RECORDS OF LAMAR COUNTY, 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: OFFIC{AL PUBLIC RECORDS OF LAMAR COUNTY, NUMBER 058307-2008. TEXAS, UNDER INSTRUMENT WHFREAS, Lamar National Bank is the present holder and owner ofa first lien note dated April 4, 2008, in the original sum of $60,000.00, secured by a vendor's and deed of trust lien fuliy described in deed of trust to Michael Rhodes, Trustee, of record Under Instrument Number 058306- 2008, Officaal Pubiic Records of I,amar Caunty, "Texas; and WHEREAS, The City of Paris, Texas is the halder of the second lien note and deed of trust above described; and WHEREAS, Kenneth White, has requested Lamar National Bank to advance an additional sum of $30,000.00 upon his loan and Lainar National Bank is willing to do so only if The City of Paris, Texas will subordinate their debi and lien ta the entire amount that will be owing to Lamar Naiional Bank after the additional $30,000.00 advance; and WHEREAS, the Amount shown above on the Proposed Fitst Lien is the amount of the new note to Lamar Nationai Bank, which includes the approximate balance owing upon the original first lien note aild the additional $30,400.00 advance. ExHIBIT'`A" 01/18/12 10:39AM LA24kRNkTLBk1dK 9037846222 p.03 NOW THEREFORE, THE CITY OF PARIS, TEXAS, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby agree that note and liens described her;,in as SECOND L1FN are hereby subordinated to the Proposed First Lien Note and the Deed of Trust and other liens securing same. The City of Paris, Texas hereby recognizes the Note and Liens described as PROPOSED FiRST LIEN when made will be first, prior, and superior to those described as SECONll LIEN. This Subordination Agreement was approved by Resolution of the City Counsel of the City of Paris, Texasr on the day of January, ?O12. FXECUTED this daS= of Januan,, 2012. 'I'HE CITY OF PARIS, '1'EXAS BY: A. J. Hashmi, Mayor STATE OF TEXAS § COUNTY OT' LAMAR § THI5INSTRU;VIENT was acknowledged before me on the day of 3anuary, 2012, by A. J. HASHMI, Mayor of the City of Paris, Texas, on behalf of said city. Notary Pubiic State of 1'exas AFTER RECORDING RETURN: Lamar National Bank 200 South Collegiate Paris, Texas 75460