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STATE OF CALIFORNIA DEPARTMENT OF HOUSING
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Last modified
8/17/2021 10:29:17 AM
Creation date
8/17/2021 10:27:55 AM
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Contracts
Company Name
STATE OF CALIFORNIA DEPARTMENT OF HOUSING
Contract #
A-2021-102
Agency
Community Development
Council Approval Date
6/15/2021
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A-2021-102 <br />��O ✓�;. 'QUIPIF0 <br />0: CDPf(I �(Cto4ci <br />Show SUBORDINATE LENDER CONSENT AND <br />ACKNOWLEDGEMENT OF SUBORDINATION <br />(CITY OF SANTA ANA) <br />The CITY OF SANTA ANA, a municipal corporation of the State of California ("Subordinate <br />Lender"), made loans (the "Subordinate Load') to Santa Ana Arts Collective, L.P., a <br />California limited partnership ("Borrower") in the original aggregate amount of $7,494,760, <br />which Subordinate Loan is secured by a deed of trust recorded in the Official Records of Orange <br />County as Instrument No. 2017000308363, a deed of trust recorded in the Official Records of <br />Orange County as Instrument No. 2017000308364 and a deed of trust recorded in the Official <br />Records of Orange County as Instrument No. 2017000308365 (collectively, the "Subordinate <br />Deed of Trust," and together with all other documents executed in connection with the <br />Subordinate Loan, the "Subordinate Loan Documents"). <br />Pursuant to that certain Subordination Agreement between Bank of America, N.A. ("Senior <br />Lender") and Subordinate Lender (the "Subordination Agreement') recorded in the Official <br />Records of Orange County as Instrument No. 2017000308370, the Subordinate Deed of Trust, <br />and the indebtedness secured thereby, was subordinated in payment and priority to the lien of <br />that certain Construction and Permanent Leasehold Deed of Trust with Assignment of Leases <br />and Rents, Security Agreement and Fixture Filing dated July 21, 2017, from Borrower for the <br />benefit of Senior Lender, and recorded in the Official Records of Orange County, California as <br />Instrument No. 2017000308362 (the "Senior Deed of Trust'). The documents executed in <br />connection with the Senior Deed Trust ("Senior Load'), including foregoing Amendment to <br />Loan Documents, are referred to herein as the "Senior Loan Documents." <br />Subordinate Lender hereby consents to the foregoing Amendment to Loan Documents and to the <br />execution and recordation of the Amendment to Loan Documents. Subordinate Lender agrees <br />and acknowledges that each of the Subordinate Loans shall remain subordinate to the same <br />extent and as fully as the same were subordinated to the Senior Loan and the Senior Loan <br />Documents, as amended pursuant to the foregoing Amendment to Loan Documents, pursuant to <br />the Subordination Agreement. <br />[Signature on following page] <br />Santa Ana Arts Collective <br />Amendment to Loan Documents (Subordinate Lender Consent and Acknowledgement) <br />4836-2357-4256, v. 4 <br />
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