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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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4/12/2019 2:56:40 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/16/2019
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EXHIBIT 6 <br />(A) Extend the time for or waive any payment or performance trader <br />the Senior Loan Documents. <br />(B) Modify or amend in any respect any provision of the Senior Loan <br />Documents or the Regulatory Agreement. <br />(C) Modify, exchange, surrender, release, and otherwise deal with any <br />additional collateral for the Senior Indebtedness. <br />Notwithstanding the foregoing, Senior Lender agrees that it will provide Subordinate <br />Lender with all Notices of foreclosure or foreclosure sale that are required under <br />applicable State or local law. <br />6. Conflicts. If there is any conflict or inconsistency between the terms of the Subordinate <br />Loan Documents and the terms of this Agreement, then the terms of this Agreement will <br />control. Borrower acknowledges that the terms and provisions of this Agreement will not, <br />and will not be deemed to do any of the following: <br />(a) Extend Borrower's time to cure any Senior Loan Default or Subordinate Loan <br />Default. <br />(b) Give Borrower the right to receive notice of any Senior Loan Default or <br />Subordinate Loan Default, other than that, if any, provided, respectively under the <br />Senior Loan Documents of the Subordinate Loan Documents. <br />(c) Create any other right or benefit for Borrower as against Senior Lender or <br />Subordinate Lender. <br />7. Rights and Obligations of Subordinate Lender Under the Subordinate Loan <br />Documents and of Senior Lender under the Senior Loan Documents. <br />(a) Insurance. <br />(i) Intentionally Omitted. <br />(ii) All original policies of insurance required pursuant to the Senior Loan <br />Documents will be held by Senior Lender. <br />(iii) Nothing in this Section 7(a) will preclude Subordinate Lender from <br />requiring that it be named as a mortgagee and loss payee, as its interest <br />may appear, under all policies of property damage insurance maintained <br />by Borrower with respect to the Mortgaged Property, provided such action <br />does not affect the priority of payment of Loss Proceeds, or that <br />Subordinate Lender be named as an additional insured under all policies of <br />Subordination Agreement — Governmental Entity 10 <br />City of Santa Ana -Inclusionary Housing <br />80A-331 <br />Tiny Tim Apartments <br />
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