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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
68
Date
6/21/2022
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<br /> <br />Subordination Agreement (City of Santa Ana) Form 6456 Page 9 <br />Fannie Mae 08-13 © 2013 Fannie Mae <br /> [Crossroads at Washington] <br />4870-7010-6914v.2 0017787-000542 <br />the date of the Default Notice to cure any monetary default under the Senior Loan Documents; <br />provided, however, that the Senior Lender shall be entitled during such 30-day period to continue to <br />pursue its remedies with respect to the Mortgaged Property. Subordinate Lender shall have up to <br />sixty (60) days from the date of the Default Notice to cure a non-monetary default if during such 60- <br />day period Subordinate Lender keeps current all payments required by the Senior Loan Documents. <br />In the event that such a non-monetary default creates an unacceptable level of risk relative to the <br />Mortgaged Property, or Senior Lender’s secured position relative to the Mortgaged Property, as <br />determined by Senior Lender in its sole discretion, then Senior Lender may exercise during such 60- <br />day period all available rights and remedies to protect and preserve the Mortgaged Property and the <br />rents, revenues and other proceeds from the Mortgaged Property. All amounts paid by the <br />Subordinate Lender to the Senior Lender to cure a Senior Loan Default shall be deemed to have been <br />advanced by the Subordinate Lender pursuant to, and shall be secured by the lien of, the Subordinate <br />Mortgages. <br />(b) Cross Default. <br />Subordinate Lender agrees that, notwithstanding any contrary provision contained in the <br />Subordinate Loan Documents, a Senior Loan Default shall not constitute a default under the <br />Subordinate Loan Documents (if no other default has occurred under the Subordinate <br />Loan Documents) until either (1) Senior Lender has accelerated the maturity of the Senior Loan, <br />or (2) Senior Lender has taken affirmative action to exercise its rights under the Senior Loan <br />Documents to collect rent, to appoint (or seek the appointment of) a receiver or to foreclose on (or <br />to exercise a power of sale contained in) the Senior Loan Documents. At any time after a Senior <br />Loan Default is determined to constitute a default under the Subordinate Loan Documents, <br />Subordinate Lender shall be permitted to pursue its remedies for default under the Subordinate <br />Loan Documents, subject to the restrictions and limitations of this Agreement. If at any time <br />Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, as evidenced by <br />written notice from Senior Lender to Subordinate Lender, any default under the Subordinate Loan <br />Documents arising from such Senior Loan Default shall be deemed cured and the Subordinate <br />Loans shall be retroactively reinstated as if such Senior Loan Default had never occurred. <br />9. Conflict. <br />Borrower, Senior Lender and Subordinate Lender each agrees that, in the event of any <br />conflict or inconsistency between the terms of the Senior Loan Documents, the Subordinate Loan <br />Documents, the Unsubordinated City Regulatory Agreements and the terms of this Agreement, the <br />terms of this Agreement shall govern and control solely as to the following: (a) the relative priority <br />of the security interests of Senior Lender and Subordinate Lender in the Mortgaged Property; (b) <br />the timing of the exercise of remedies by Senior Lender and Subordinate Lender under the Senior <br />Loan Documents and the Subordinate Loan Documents and/or the Unsubordinated City <br />Regulatory Agreements, respectively; and (c) solely as between Senior Lender and Subordinate <br />Lender, the notice requirements, cure rights, and the other rights and obligations which Senior <br />Lender and Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower <br />acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed <br />to: extend Borrower’s time to cure any Senior Loan Default or Subordinate Loan Default and/or <br />default under any Unsubordinated City Regulatory Agreement, as the case may be; give Borrower <br />EXHIBIT 7
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