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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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12/18/2018 3:50:27 PM
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City Clerk
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Community Development
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12/18/2018
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<br /> 19 <br /> <br />amendment upon the Tax-Exempt status of interest on the Bonds. This provision shall not be <br />subject to any provision of any other agreement requiring any party hereto to obtain the consent of <br />any other person in order to amend this Regulatory Agreement. <br />(c) Any waiver of, or consent to, any condition under this Regulatory Agreement must <br />be expressly made in writing. <br />Section 20. Notice. All notices, certificates or other communications shall be sufficiently given <br />and (except for notices to the Trustee, which shall be deemed given only when actually received by the <br />Trustee) shall be deemed given on the date personally delivered or on the second day following the date <br />on which the same have been mailed by first class mail, postage prepaid, addressed as follows: <br />Issuer: Housing Authority of the City of Santa Ana <br /> 20 Civic Center Plaza, M-37 <br /> Santa Ana, California 92701 <br /> Attn: Executive Director <br /> <br />Borrower: LINC—Bristol Associates I c/o LINC Community <br />Development Corporation <br /> 110 Pine Avenue, Suite 500 <br /> Long Beach, California 90802 <br /> Attn: President <br /> <br /> <br /> <br />Lender: Red Mortgage Capital, LLC <br /> 1717 Main Street, Suite 900 <br /> Dallas, Texas 75201 <br /> Attn: Loan Servicing <br /> <br /> <br />Any of the foregoing parties may, by notice given hereunder, designate any further or different <br />addresses to which subsequent notices, certificates, documents or other communications shall be sent. A <br />copy of any notice provided by the Issuer or the Trustee to the Borrower hereunder shall be provide d by <br />the Issuer or the Trustee, as applicable, to the Lender, as such term is defined and at the address for such <br />entity described in the Indenture. <br />Section 21. Severability. If any provision of this Regulatory Agreement shall be invalid, illegal <br />or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any <br />way be affected or impaired thereby. <br />Section 22. Multiple Counterparts. This Regulatory Agreement may be executed in multiple <br />counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed <br />to be an original. <br />Section 23. No Trustee. As of the date hereof, there are no Bonds outstanding with respect to <br />the Project, there is no Indenture, there is no trust estate, and there is no Trustee. As a re sult, and in <br />accordance with the terms of the Indenture and the Original Regulatory Agreement, the Trustee shall no <br />longer have any duties or responsibilities under this Regulatory Agreement and all references to the Trustee <br />in this Regulatory Agreement shall be deemed references to the Issuer. <br />EXHIBIT 1 <br />4-23
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