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IIYJuit..& ,rVi` REQUIRED
<br />WORK MAY MEED
<br />CLERX OF OOUNCIL
<br />ev DA°
<br />®, FA36)
<br />0)65 L -
<br />N-2016-113
<br />BORROWER:
<br />LENDER;
<br />CUSTOMER OF SRAMROCR;
<br />Shamrock Supply Company, Too.
<br />Marquette Dullness Credit, LLC
<br />City of Santa Ana
<br />3368 Hast La Palma Avenue
<br />, 333 South Grand Avenue
<br />, 20 Civic CantarPlaza (142-30)
<br />Analumn, CA 92903
<br />( Suite 2350
<br />P.O. Sox 1988
<br />("Shamrock° or "Baerower")
<br />jC Los Angeles, California M071
<br />c'Mnrgnatte"orLeadar'7 _
<br />Santa Ana, CA 92962
<br />'Customer"
<br />DATE OF AGRZEMHNT: . 2016
<br />CUSTOIYMR'S WAIVER AND CONSENT AGREEMENT
<br />This Customer's Waiver and Consent Agreement Is made slid entered Into as of the above ralearenced date among the
<br />parties Identified above as `5hamrack," "Marquette" rend "Customer."
<br />Pursuant to various loan and security agreements between Lander and Shamrock evidencing one or more loans made by
<br />Lander m Shamrock (a "Loan"}, Lender has acquired or will acqulre as security interest In various personal property cases of
<br />Shamrock which include, without limitation, parts, supplies, and outer inventory items offered for sale to Shamrock's customers
<br />("InvaMory"). Customer is m}eof Shamtno$'s Gvsmmets thatpurcleses, flvm dme to thna, htvernmy frac Shamrock,
<br />Sbalmock has advised Lender that Shamrock has entered into an amingetnent or agreement with Customer whoroby
<br />Shanuock will place Inventory on site at Hie following prombes of Customer:
<br />City of Santa Ana, FIvISA-Fleet
<br />215 S. Center St.
<br />Sento Ana, California 92763
<br />The team "Premises" shall mean the foregoing premises, and any other promises occupied by Customer, at which Shonxoek
<br />Collateral may from time to that be placed.
<br />The term "Shamrock Collateral" shall mean the Inventory and any other property of Shamrock (such as a vending
<br />msolnut; and any equipment or materials owned by Shamrock and placed at the Premises, for any purpose, such as for purposes of
<br />moving, storagr; record keeping or support of said Inventory), Purnia R to the agreement or atzangement between Shamrock and
<br />Customer, such item of inventory and other Shamrock Collateral will be segregated and kept separate hom the properties and.
<br />assets ofCasmmer and Sharrock shall retain ownership and conavl of all ShammokCallawrol, except as follwxs: Items of inventory
<br />will ramahn under the ownership acid control o£Shammok rocas mid until Customer has purchased that particular item of Inventory,
<br />as evidenced by a "Sales Reaoipi" for that item of inventory. The term "Sales Receipt" means the roomd, whether physical or
<br />olocconic, that documents the oc ammice of the event by which sur item of Inventory is purchased by Customer from Shamrock,
<br />which shall occur when such item of Inventory ie deemed delivered to Customer and removed from the segregated place at which
<br />the Shanncoklnventory, is kept at the Pramism,
<br />To induce Leader to extend oradit to Dolmwar against such security fircrist in the Shamrmtk Collnterei, and for other
<br />valuable consideration, Customer and Borrower agree with Lander as Howl;
<br />I. Segregation of Shamrock Coliatargf , All of the Shamrock Collateral (and spooiificaty the Inventory) that is
<br />maintained at Customer's Premises shall be kept segregated and separate &em the properties and assets of Customer, except that Items
<br />o£ Inventory will remain under the ownership and conOol of Shamrock unless and until Cusmmorr has purchased that particular
<br />Item ochwentory, as evidenced by a "Sales Receipt" for that item of inventory,
<br />2. Qrma ship bq $hy utak See rity Interest of MarauoRe Customer acknowledges and a%= that omit such
<br />item of Inventory is purchased by Custorner, as evidenced by a Sales Receipt for such item of inventory, each mid every such item
<br />of Inventory (and all other Shamrock Collateral) shall remain the property of Shatmock, and shall be subject to the security interest of
<br />Marquette, Customer agrees that city Ran or claim It may now have or may heroadsir have in the Sharrock collateral will be subject
<br />at at Imes to Marquetta's security Interest (or other present or than" Interest) in the Shamrock Collateral and will be subject to the
<br />rights granted by Customer to Marquette In this Agwomont.
<br />31 Doncla#mar pf Intahast Customer hereby commis to Marg4ti te's security interest (or other Interest) in the
<br />inventory, and offim Sham ick Collateral, and disclaims all intemat, lions, and olaims which Customer now has or may harealYcr
<br />acquire In the Shsmmok Colltdeml.
<br />SMRth4762935352 •I • (Casmmces Waiver and Coomol
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