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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
13
Date
3/7/2023
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Subordination Agreement (City of Santa Ana) Form 6456 Page 1 <br />Fannie Mae 08-13 © 2013 Fannie Mae <br />WISEPlace <br />4893-9038-0110v.4 4900000-002383 <br />NOTE: NO CREDIT APPROVAL HAS BEEN RECEIVED. THIS IS NOT A COMMITMENT. <br />RECORDING REQUESTED BY AND <br />WHEN RECORDED RETURN TO: <br />Davis Wright Tremaine LLP <br />865 S. Figueroa Street <br />Suite 2400 <br />Los Angeles, California 90017 <br />Attention: Nancy Clapp, Esq. <br />SPACE ABOVE THIS LINE FOR RECORDER’S USE <br />SUBORDINATION AGREEMENT <br />(City of Santa Ana) <br />This SUBORDINATION AGREEMENT (this “Agreement”) dated as of <br />____________________, 2023, is executed by and among (i) BANK OF AMERICA, N.A., a <br />national banking association (“Senior Lender”), (ii) CITY OF SANTA ANA, a charter city and <br />municipal corporation (“Subordinate Lender”), (iii) NORTH BROADWAY HOUSING <br />PARTNERS LP, a California limited partnership (“Borrower”), and (iv) WISEPLACE, a <br />California nonprofit public benefit corporation (“Ground Lessor”, and together with Borrower, <br />“Trustor”). <br />RECITALS: <br />A.Senior Lender has determined to make a mortgage loan to the Borrower in the <br />maximum aggregate principal amount of $_______________ (the “Senior Loan”) to provide for <br />the financing of a 48-unit rental housing development project (the “Project”) on certain real <br />property more particularly described on Exhibit A attached hereto (the “Land”). The Senior Loan <br />will be made pursuant to that certain Construction Loan Agreement dated as of even date herewith <br />(as amended from time to time, the “Senior Loan Agreement”), between Senior Lender, as lender, <br />and Borrower, as borrower. The Senior Loan is evidenced by, among other things, that certain <br />Promissory Note dated as of even date herewith (the “Senior Note”), made by Borrower to the <br />order of Senior Lender in the face principal amount of $_______________. <br />B.To secure Borrower’s obligations under the Senior Loan Agreement and the Senior <br />Note, the Borrower is executing and delivering that certain Construction Deed of Trust, <br />Assignment, Security Agreement and Fixture Filing dated as of even date herewith (as amended <br />from time to time, the “Senior Security Instrument”), executed by Borrower for the benefit of <br />Senior Lender, encumbering, among other things, Borrower’s leasehold interest in the Land, <br />Ground Lessor’s fee simple interest in the Land, and certain personal property more particularly <br />described therein (collectively, the “Mortgaged Property”), which is being recorded in the <br />Official Records of the County of Orange, State of California (the “Official Records”), <br />substantially concurrently herewith. <br />EXHIBIT 4
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