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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16 (2)
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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16 (2)
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Last modified
5/7/2019 3:49:59 PM
Creation date
2/14/2018 3:08:18 PM
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City Clerk
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Community Development
Item #
3
Date
1/16/2018
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EXHIBIT 4 <br />litigation and waive any other venue to which any might be entitled by virtue of domicile, <br />habitual residence or otherwise. <br />(g) Severable Provisions. <br />If any provision of this Agreement shall be invalid or unenforceable to any extent, then <br />the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the <br />greatest extent permitted by law. <br />(h) Term. <br />The term of this Agreement shall commence on the date hereof and shall continue until <br />the earliest to occur of the following events: (1) the payment in full of the principal of, interest on <br />and other amounts payable under the Senior Loan Documents; (2) the payment in full of the <br />principal of, interest on and other amounts payable under the Subordinate Loan Documents, other <br />than by reason of payments which Subordinate Lender is obligated to remit to Senior Lender <br />pursuant to Section 6 hereof, (3) the acquisition by Senior Lender of title to the Mortgaged <br />Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power <br />of sale contained in, the Senior Loan Documents; or (4) the acquisition by Subordinate Lender of <br />title to the Mortgaged Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the <br />exercise of a power of sale contained in, the Subordinate Loan Documents, but only if such <br />acquisition of title does not violate any of the terms of this Agreement. <br />(i) Counterparts. <br />This Agreement may be executed in any number of counterparts, each of which shall be <br />considered an original for all purposes; provided, however, that all such counterparts shall <br />together constitute one (1) and the same instrument. <br />0) Sale of Senior Loan. <br />Nothing in this Agreement shall limit Senior Lender's (including any assignee or <br />transferee of Senior Lender) right to sell or transfer the Senior Loan, or any interest in the Senior <br />Loan. The Senior Loan or a partial interest in the Senior Loan (together with this Agreement and <br />the other Loan Documents) may be sold one or more times without prior notice to Borrower. <br />[Remainder of Page Intentionally Blank] <br />Subordination Agreement (Affordable) <br />(First Street Apartments) <br />3-153 <br />Page 15 <br />
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