Laserfiche WebLink
<br />Subordination Agreement (Affordable) Page 4 <br />(First Street Apartments) <br />“Subordinate Lender” means the Person named as such in the first paragraph on page 1 of this <br />Agreement, any successor or assign of Subordinate Lender, including without limitation, a <br />receiver, trustee or debtor-in-possession and any other Person who becomes the legal holder of <br />the Subordinate Note after the date of this Agreement. <br />“Subordinate Loan Agreement” means the Loan Agreement [of even date herewith] by and <br />between Borrower and Subordinate Lender. <br />“Subordinate Loan Default” means a default by Borrower in performing or observing any of <br />the terms, covenants or conditions in the Subordinate Loan Documents or Affordability <br />Restrictions to be performed or observed by it, which continues beyond any applicable period <br />provided in the Subordinate Loan Documents or Affordability Restrictions for curing the default. <br />“Subordinate Loan Documents” means the Subordinate Note, the Subordinate Mortgage, the <br />Subordinate Loan Agreement, and all other documents evidencing, securing or otherwise <br />executed and delivered in connection with the Subordinate Loan, but specifically excluding the <br />Affordability Restrictions. <br />“Subordinate Mortgage” means the Agency Deed of Trust and Assignment of Rents [of even <br />date herewith and to be recorded in the Official Records concurrently herewith] by Borrower, as <br />trustor, in favor of Subordinate Lender, as beneficiary. <br />“Subordinate Note” means the Housing Funds Promissory Note Secured by Agency Deed of <br />Trust for the Housing Authority of the City of Santa Ana [of even date herewith] issued by <br />Borrower to Subordinate Lender in the maximum principal amount of $[8,522,740]. <br />3. Permission to Place Mortgage Lien Against Mortgaged Property. <br />Senior Lender agrees, notwithstanding the prohibition against inferior liens on the <br />Mortgaged Property contained in the Senior Loan Documents and subject to the provisions of <br />this Agreement, to permit Subordinate Lender to record or retain the Affordability Restrictions <br />(which shall not be subordinate to the Senior Loan Documents), the Subordinate Mortgage and <br />other recordable Subordinate Loan Documents against the Mortgaged Property to secure <br />Borrower’s obligation to repay the Subordinate Note and all other obligations, indebtedness and <br />liabilities of Borrower to Subordinate Lender under and in connection with the Subordinate <br />Loan. <br />4. Borrower’s and Subordinate Lender’s Representations and Warranties. <br />Borrower and Subordinate Lender each makes the following representations and <br />warranties to Senior Lender: <br />(a) Subordinate Loan Documents. <br />The 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 />EXHIBIT 4 <br />3-142