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<br />Subordination Agreement (City of Santa Ana) Form 6456 Page 5 <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 />provisions of the Senior Loan Documents applicable to unpermitted liens on the Mortgaged Property <br />shall apply. <br />4. Borrower’s and Subordinate Lender’s Representations and Warranties. <br />Borrower and Subordinate Lender each makes the following representations and warranties <br />to Senior Lender: <br />(a) Subordinate Loan Documents. <br />Each Subordinate Loan is evidenced by the Subordinate Note and is secured by the <br />Subordinate Mortgage, the Subordinate Loan Agreement and the Subordinate Loan Documents. <br />(b) Relationship of Borrower to Subordinate Lender and Senior Lender. <br />The Subordinate Lender is not an Affiliate of the Borrower and is not in possession of any <br />facts which would lead it to believe that the Senior Lender is an Affiliate of the Borrower. <br />(c) Term. <br />The term of the Subordinate Note does not end before the stated term of the Senior Note. <br />(d) Subordinate Loan Documents and Unsubordinated City Regulatory <br />Agreement. <br />The executed Subordinate Loan Documents and the Unsubordinated City Regulatory <br />Agreement are substantially in the same forms as those submitted to, and approved by, Senior Lender <br />prior to the date of this Agreement. Upon execution and delivery of the Subordinate Loan Documents <br />and the Unsubordinated City Regulatory Agreement, Borrower shall deliver to Senior Lender an <br />executed copy of each of the Subordinate Loan Documents and the Unsubordinated City Regulatory <br />Agreement, certified to be true, correct and complete. <br />5. Deliveries. <br />Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to <br />Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, <br />correct and complete. <br />6. Terms of Subordination. <br />(a) Agreement to Subordinate. <br />Senior Lender and Subordinate Lender agree that (1) the Unsubordinated City Regulatory <br />Agreement and the Density Bonus Agreement shall remain senior to the lien of the Senior Security <br />Instrument and all other Senior Loan Documents, (2) subject to the terms of paragraph (c) below <br />in this Section 6, the indebtedness evidenced by the Subordinate Loan Documents is and shall be <br />subordinated in right of payment, to the extent and in the manner provided in this Agreement, to <br />EXHIBIT 4