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25A - AGMT SUBORDINATION THE DEPOT
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05/07/2019
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25A - AGMT SUBORDINATION THE DEPOT
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5/2/2019 6:15:04 PM
Creation date
5/2/2019 6:02:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25A
Date
5/7/2019
Destruction Year
2024
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Lienholder Modified Deed of Trust") recorded on March 16, 2016, as Instrument No. <br />2016000109370 in the Official Records. The Junior Lienholder and Borrower subsequently <br />entered into that certain Substitution of Trustee and Deed of Partial Reconveyance (the <br />"Junior Lienholder Deed of Reconveyance") recorded on October 30, 2018, as Instrument <br />No. 2018000393452 in the Official Records. <br />The Junior Lienholder and Borrower have also entered in that certain Loan Agreement <br />Home Program/CDBG Funds (the "Junior Lienholder Loan Agreement") recorded on August <br />9, 2013, as Instrument No. 2013000476765 in the Official Records, as amended by that <br />certain Amendment to Loan Agreement (the "Junior Lienholder Amended Loan Agreement") <br />recorded on June 27, 2014, as Instrument No. 2014000255562 in the Official Records, and <br />as further amended by that certain City Loan Agreement Modification (the "Junior Lienholder <br />Modified Loan Agreement") recorded on March 16, 2016, as Instrument No. 2016000109370 <br />in the Official Records. The Junior Lienholder and Borrower have also entered into that <br />certain Partial Release and Termination of City of Santa Ana Loan Agreement and <br />Affordability Restrictions (the "Junior Lienholder Partial Release and Termination') recorded <br />on October 30, 2018, as Instrument No. 2018000393451 in the Official Records. <br />The Junior Lienholder and Borrower have also entered into that certain Affordability <br />Restrictions of Transfer of Property (the "Junior Lienholder Affordability Restrictions") <br />recorded on August 9, 2013, as Instrument No. 2013000476766 in the Official Records, as <br />amended by that certain Amendment to Affordability Restrictions of Transfer of Property (the <br />"Junior Lienholder Amended Affordability Restrictions") recorded on June 27, 2014, as <br />Instrument No. 2014000255563 in the Official Records, and as further amended by the <br />Junior Lienholder Modified Loan Agreement. <br />The Junior Lienholder Deed of Trust, the Junior Lienholder Modified Deed of Trust, <br />the Junior Lienholder Deed of Reconveyance, the Junior Lienholder Loan Agreement, the <br />Junior Lienholder Amended Loan Agreement, the Junior Lienholder Modified Loan. <br />Agreement, the Junior Lienholder Partial Release and Termination, the Junior Lienholder <br />Affordability Restrictions, the Junior Lienholder Amended Affordability Restrictions and all <br />other documents evidencing or securing the Junior Lienholder Liens are collectively referred <br />to herein as the "Junior Lienholder Documents." <br />C. In order to finance the development of the Improvements, the Senior Lender <br />has agreed to loan the Borrower a sum not to exceed Four Hundred Twenty Five Thousand <br />and no/100 Dollars ($425,000.00) (the "AHSC Loan"), subject to the terms and conditions <br />of: (i) a regulatory agreement restricting the use and occupancy of the Development and the <br />Income derived therefrom which shall be dated as of even date herewith and recorded <br />concurrently herewith as an encumbrance on the Property in the Official Records (the "AHSC <br />Regulatory Agreement"), and (ii) other loan documents. The AHSC Loan will be evidenced <br />by a promissory note (the "AHSC Note"), the repayment of which will be secured by, among <br />other things, a deed of trust by Borrower as trustor, to Senior Lender as beneficiary recorded <br />concurrently herewith as an encumbrance on the Property in the Official Records (the <br />"AHSC Deed of Trust") and by such other security as is identified in other loan documents. <br />AHSC subord. Agrnnt. Page 2 of 10 <br />(NOFA— 01/30/15) <br />Rev: 11/08/2018 <br />Prep: 02/05/2019 (City of Santa Ana Liens) <br />Dev: Depot at Santiago <br />Loan No.: 14-AHSC-10478 <br />
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