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recorded against the Property on September 26, 1996, in the Official Records of <br />the County of Orange, as Document No. 19960490978, as amended by that <br />certain Amended Agreement Between the City of Santa Ana and Developer for <br />Use of Community Development Block Grant Funds For Rental Housing, which <br />was dated March 1, 2001, and recorded against the Property on May 21, 2001, in <br />the Official Records of the County of Orange, as Document No. 20010326934 <br />(together, as amended, the "Loan Agreement"). <br />C. Pursuant to the Loan Agreement, the Successor Agency committed to provide a <br />loan to Developer in the aggregate principal amount of $912,265 to assist with the <br />predevelopment budget for an affordable housing project to be developed on the <br />Property. <br />D. Pursuant to the terms of an Amended Promissory Note Secured by Deed of Trust <br />entered into in connection with the Loan Agreement (the "Note"), Developer <br />promised to pay the Successor Agency the sum of $916,265, unless forgiven by <br />the Successor Agency. <br />E. The Loan was forgiven by the Successor Agency on January 31, 2023, as <br />evidenced by a letter from the Loan servicer to Developer dated February 1, 2023. <br />F. Accordingly, the Successor Agency and Developer now mutually desire to release <br />and terminate the Loan Agreement and Note. <br />RELEASE AND TERMINATION <br />NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated <br />herein and made a part hereof, and the covenants and promises hereinafter contained, and <br />other good and valuable consideration, the receipt and sufficiency of which is <br />acknowledged by the Successor Agency and the Developer, the Parties hereto agree as <br />follows: <br />The Loan Agreement and the Note are hereby terminated and released. <br />2. Notwithstanding the foregoing, nothing herein is intended to or does release or <br />terminate any covenants, conditions, or restrictions contained in any other instrument <br />recorded against the Property, all of which shall survive the recordation of this Release <br />and Termination. <br />