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25A - AGMT SUBORDINATION THE DEPOT
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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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diligently, continually, and in good faith works to effect a cure as <br />soon as possible, then the Junior Lienholder shall have such <br />additional time as is determined by the Senior Lender, in its sole <br />discretion, to be reasonably necessary to cure the default prior to <br />exercise of any remedies by Senior Lender. <br />In no event shall Senior Lender be precluded from exercising remedies if its security <br />becomes or is about to become materially jeopardized by any failure to cure a default or <br />the default is not cured within ninety (90) days after the first notice of default is given, or <br />such longer period of time as may be specified in the Senior Lender Documents. <br />Nothing in this subparagraph (a) is intended to modify any covenant, term or condition <br />contained in the Senior Lender Documents, including, without limitation, the covenant <br />against creating or recording any liens or encumbrances against the Property without the <br />prior written approval of the Senior Lender. <br />(b) The provisions of this paragraph 4 are intended to supplement, and not to <br />limit, waive, modify or replace, those provisions of law pertaining to notice and cure rights <br />of junior lenders including, without limitation, those set forth in California Civil Code <br />sections 2924b and 2924c. <br />5. The Senior Lender would not make the AHSC Loan without this Agreement. <br />6. This Agreement shall be binding on and inure to the benefit of the legal <br />representatives, heirs, successors and assigns of the parties. <br />7. This Agreement shall be governed by and construed in accordance with the <br />laws of the State of California. <br />B. In the event that any party to this Agreement brings an action to interpret or <br />enforce its rights under this Agreement, the prevailing party in such action shall be entitled to <br />recover its costs and reasonable attorneys' fees as awarded by the court in such action. <br />9. This Agreement may be signed by different parties hereto in counterparts with <br />the same effect as if the signatures to each counterpart were upon a single instrument. All <br />counterparts shall be deemed an original of this Agreement. <br />[Signatures follow on page 5 of this Subordination Agreement. <br />The remainder of this page is intentionally left blank.] <br />AHSC subord. Agrrnt. Page 5 of 10 <br />(NOFA— 01/30/15) <br />Raw 11/08/2019 <br />Prep: D2/05/2019 (City of Santa Ana Liens) <br />Dew Depot at SanBago <br />Loan No.: 14AHSO-10478 25A-9 <br />
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