DEPOT AT SANTIAGO, LP - Laserfiche WebLink

Home Browse Search

INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL P—'Tr* JUN 1 4 2010 U ��; c. t� A 00 RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Davis Wright Tremaine LLP (US) 865 South Figueroa Street Suite 2400 Los Angeles, California 90017 Attention: Tiffany K. Switzer, Esq. A-2013-072-02 FIRST AMENDMENT TO DEED OF TRUST AND LOAN DOCUMENTS This First Amendment to Deed of Trust and Loan Documents (this "Amendment") dated as of May 30, 2018, is made by BANK OF AMERICA, N.A., a national banking association ("Beneficiary"), and DEPOT AT SANTIAGO, L.P., a California limited partnership ("Trustor"), with reference to the following facts: A. Pursuant to that certain Construction and Permanent Loan Agreement (Affordable Housing -California) (as amended, the "Loan Agreement") dated as of March 1, 2016, executed by and between Beneficiary and Trustor, Beneficiary agreed to fund a loan (the "Loan") to Trustor in the maximum principal arnount of $27,295,270. The Loan is evidenced by a promissory note dated as of even date with the Loan Agreement made by Trustor to the order of Beneficiary in the original principal amount of $27,295,270 (the "Note"), and secured by a Construction and Permanent Deed of Trust with Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of March 1, 2016 (as amended, "Deed of Trust"), executed by Trustor, as trustor, for the benefit of Beneficiary, as beneficiary, encumbering certain real property ("Property") located in the County of Orange, State of California and more particularly described therein, which was recorded in the Official Records of the County of Orange, State of California (the "Official Records") on March 16, 2016, as Instrument No. 2016000109369. The Loan Agreement was previously amended by a Loan Modification Agreement dated August 9, 2017, a Second Loan Modification Agreement dated November 1, 2017, and a Third Loan Modification Agreement dated March 9, 2018, in each case by and between Trustor and Beneficiary. The Loan Agreement, the Note, the Deed of Trust and the other "Loan Documents" (as defined in the Loan Agreement) are collectively referred to herein as the "Loan Documents". B. Truster has requested and, subject to the terms and conditions of this Amendment, Beneficiary has agreed, to extend the Construction Loan Maturity Date. In connection with such extension, Trustor and Beneficiary are entering into that certain First Amendment to Promissory Note dated as of even date herewith (the "First Amendment to Note"). 1- 4838-5699-1071v.5 4900000.001785