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CITIBANK, N.A
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Last modified
4/29/2019 10:26:22 AM
Creation date
4/29/2019 10:25:50 AM
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Contracts
Company Name
CITIBANK, N.A
Contract #
A-2019-059
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
4/16/2019
Destruction Year
0
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an unacceptable level of risk relative to the Mortgaged Property, or Senior <br />Lender's secured position relative to the Mortgaged Property, as determined <br />by Senior Lender in its sole discretion, then during such 90 -day period <br />Senior Lender may exercise all available rights and remedies to protect and <br />preserve the Mortgaged Property and the Rents, revenues and other proceeds <br />from the Mortgaged Property. <br />(iv) All amounts paid by Subordinate Lender to Senior Lender to cure a Senior <br />Mortgage Default will be deemed to have been advanced by Subordinate <br />Lender pursuant to, and will be secured by the lien of, the Subordinate <br />Mortgage. Notwithstanding anything in this Section 5(a) to the contrary, <br />Subordinate Lender's right to cure any Senior Mortgage Default will <br />terminate immediately upon the occurrence of any Bankruptcy Proceeding. <br />(b) Release of Mortgaged Property. <br />(i) Subordinate Lender consents to and authorizes any future release by <br />Senior Lender of all or any portion of the Mortgaged Property from the <br />lien, operation, and effect of the Senior Loan Documents. Subordinate <br />Lender waives to the fullest extent permitted by law, all equitable or other <br />rights it may have in connection with the release of all or any portion of <br />the Mortgaged Property, including any right to require Senior Lender to do <br />any of the following: <br />(A) To conduct a separate sale of any portion of the Mortgaged <br />Property. <br />(B) To exhaust its remedies against all or any portion of the Mortgaged <br />Property or any combination of portions of the Mortgaged Property <br />or any other collateral for the Senior Indebtedness. <br />(C) To proceed against Borrower, any other party that may be liable <br />for any of the Senior Indebtedness (including any general partner <br />of Borrower if Borrower is a partnership), all or any portion of the <br />Mortgaged Property or combination of portions of the Mortgaged <br />Property or any other collateral, before proceeding against all or <br />such portions or combination of portions of the Mortgaged <br />Property as Senior Lender determines. Subordinate Lender waives <br />to the fullest extent permitted by law any and all benefits under <br />California Civil Code Sections 2845, 2849 and 2850. <br />(ii) Subordinate Lender consents to and authorizes, at the option of Senior <br />Lender, the sale, either separately or together, of all or any portion of the <br />Mortgaged Property. Subordinate Lender acknowledges that without <br />Notice to Subordinate Lender and without affecting any of the provisions <br />of this Agreement, Senior Lender may do any of the following: <br />Subordination Agreement—Governmental Entity 9 Tiny Tim Apartments <br />City of Santa Ana -Inclusionary Housing <br />
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