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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18 (2)
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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18 (2)
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5/8/2019 11:49:40 AM
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City Clerk
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Community Development
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12/18/2018
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EXHIBIT 1 <br />HUD RIDER TO RESTRICTIVE COVENANTS <br />This RIDER TO RESTRICTIVE COVENANTS is made as of December 1, 2018, by LINC—Bristol <br />Associates I, a California Limited Partnership ("Borrower") and the Housing Authority of the City of Santa <br />Ana, California, a public body, corporate and politic, duly organized and existing under the laws of the <br />State of California (together with any successor to its rights, duties and obligations, "Issuer"). <br />WHEREAS, Borrower has obtained financing from Red Mortgage Capital, LLC ("Lender") for the <br />benefit of the project known as City Gardens Apartments ("Project"), which loan is secured by a <br />Multifamily Deed of Trust, Assignment of Leases and Rents and Security Agreement ("Security <br />Instrument") dated as of December 1, 2018, and recorded in the Official Records, Orange County, <br />California ("Records") prior hereto, and is insured by the United States Department of Housing and Urban <br />Development ("HUD"); <br />WHEREAS, Borrower has received tax-exempt bond financing from the Issuer, which Issuer has <br />required certain restrictions be recorded against the Project; and <br />WHEREAS, Borrower entered into that certain Amended and Restated Regulatory Agreement <br />and Declaration of Restrictive Covenants to which this Rider is attached and made a part thereof <br />("Restrictive Covenants") with respect to the Project, as more particularly described in Exhibit A attached <br />hereto, dated as of December 1, 2018 and to be recorded in the Records; <br />WHEREAS, HUD requires as a condition of its insuring Lender's financing to the Project, that the <br />lien and covenants of the Restrictive Covenants be subordinated to the lien, covenants, and enforcement <br />of the Security Instrument; and <br />WHEREAS, the Issuer has agreed to subordinate the Restrictive Covenants to the lien of the <br />Mortgage Loan in accordance with the terms of this Rider. <br />NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and <br />sufficiency of which are hereby acknowledged, the parties hereby agree as follows: <br />(a) In the event of any conflict between any provision contained elsewhere in the Restrictive <br />Covenants and any provision contained in this HUD Rider, the provision contained in this Rider, <br />the provision contained in this Rider shall govern and be controlling in all respects as set forth more <br />fully herein. <br />(b) The following terms shall have the following definitions: <br />"Code" means the Internal Revenue Code of 1986, as amended. <br />"HUD" means the United States Department of Housing and Urban Development. <br />"HUD Regulatory Agreement" means the Regulatory Agreement between Borrower and HUD with <br />respect to the Project, as the same may be supplemented, amended or modified from time to time. <br />4-27 <br />
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