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STATE OF CALIFORNIA DEPARTMENT OF HOUSING (2)
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STATE OF CALIFORNIA DEPARTMENT OF HOUSING (2)
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Last modified
8/17/2021 10:29:10 AM
Creation date
8/17/2021 10:28:34 AM
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Contracts
Company Name
STATE OF CALIFORNIA DEPARTMENT OF HOUSING
Contract #
A-2021-102-01
Agency
Community Development
Council Approval Date
6/15/2021
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(a)Following a notice from the Senior Lender to the Borrower that a default or breach <br />exists under the terms of the Senior Lender Documents and each of them, the Senior Lender <br />shall promptly (but in no event later than the following business day) send a copy of such <br />notice to the Junior Lienholder and the Junior Lienholder shall have the right, but not the <br />obligation, to cure the default as follows: <br />(i) If the default is reasonably capable of being cured within thirty (30) <br />days, as determined by the Senior Lender in its sole discretion, the <br />Junior Lienholder shall have such period to effect a cure prior to <br />exercise of remedies by Senior Lender under the Senior Lender <br />Documents, or such longer period of time as may be specified in the <br />Senior Lender Documents. <br />(ii) If the default is such that it is not reasonably capable of being cured <br />within thirty (30) days, as determined by the Senior Lender in its sole <br />discretion, or such longer period if so specified, and if the Junior <br />Lienholder (a) initiates corrective action within said period, and (b) <br />diligently, continually, and in good faith works to effect a cure as soon <br />as possible, then the Junior Lienholder shall have such additional time <br />as is determined by the Senior Lender, in its sole discretion, to be <br />reasonably necessary to cure the default prior to exercise of any <br />remedies by Senior Lender. <br />In no event shall Senior Lender be precluded from exercising remedies if its security <br />becomes or is about to become materially jeopardized by any failure to cure a default or the <br />default is not cured within ninety (90) days after the first notice of default is given, or such <br />longer period of time as may be specified in the Senior Lender Documents. <br />Nothing in this subparagraph (a) is intended to modify any covenant, term or condition <br />contained in the Senior Lender Documents, including, without limitation, the covenant <br />against creating or recording any liens or encumbrances against the Property without the <br />prior written approval of the Senior Lender. <br />(b)The provisions of this paragraph 4 are intended to supplement, and not to limit, <br />waive, modify or replace, those provisions of law pertaining to notice and cure rights of junior <br />lenders including, without limitation, those set forth in California Civil Code sections 2924b <br />and 2924c. <br />5. The Senior Lender would not make the AHSC Loan without this Agreement. <br />6. This Agreement shall be binding on and inure to the benefit of the legal <br />representatives, heirs, successors and assigns of the parties. <br />AHSC Subord. Agrnnt. Page 5 of 9 <br />(NOFA— 01/29116) <br />Rev: 11/08/2018 <br />Prep: 08/03/2021 (City of Santa Ana Loans) <br />Dev: Santa Ana Arts Collective <br />Loan No.: 16-AHSC-11199 <br />
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