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FULL PACKET_2011-03-21
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FULL PACKET_2011-03-21
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7/26/2016 1:35:45 PM
Creation date
3/23/2011 2:49:31 PM
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City Clerk
Doc Type
Agenda Packet
Date
3/21/2011
Destruction Year
2016
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EXHIBIT D <br />CITY/HOME LOAN NOTE <br />SECURED BY SUBORDINATED DEED OF TRUST <br />TO THE CITY OF SANTA ANA, CALIFORNIA <br />$1,500,000.00 , 2011 <br />Santa Ana, California <br />1. Principal Amount of City/HOME Loan <br />For value received, Vista Del Rio Housing Partners, L.P., a California limited partnership <br />(`Borrower "), promises to pay to the order of the City of Santa Ana ( "City "), at 20 Civic Center <br />Plaza, 3rd Floor, Santa Ana, California 92702, or at such other place as the City may from time to <br />time designate in writing, or to the assignee of the City, the principal sum of ONE MILLION FIVE <br />HUNDRED THOUSAND DOLLARS ($1,500,000.00) or so much thereof as shall be disbursed <br />hereunder, with three percent interest (3.0 %). <br />In implementation of the acquisition and development of that certain real property in the <br />City, described in the Loan Agreement as the "Property," commonly known as 1600 Memory Lane, <br />Santa Ana, California, and operation of the Property as affordable rental housing for Extremely Low <br />Income and Very Low Income households, (a) the Community Redevelopment Agency for the City <br />of Santa Ana ( "Agency "), the Santa Ana Housing Authority ( "Authority "), and Borrower have <br />heretofore entered into that certain Disposition and Development Agreement (as amended, the <br />"DDA "), (b) City, Agency and Borrower have entered into that certain "Loan Agreement" dated <br />concurrently herewith and recorded against the Property (the Loan Agreement and DDA are <br />collectively referred to herein as the "Agreement "), and (c) City, Agency and Borrower have entered <br />into those certain Affordability Restrictions on Transfer of Property, dated concurrently herewith and <br />recorded against the Property ( "Affordability Restrictions "). This Note is made pursuant to, entitled <br />to the benefits of and referred to as the City/HOME Loan Note in the Loan Agreement. This Note is <br />secured by that certain City /HOME Loan Deed of Trust and Assignment of Rents between Borrower <br />and City, dated concurrently herewith (the "City /HOME Loan Deed of Trust "). This Note, the Loan <br />Agreement, the Affordability Restrictions, and the City /HOME Loan Deed of Trust are sometimes <br />collectively referred to herein as the "Loan Documents." The Loan Documents and the rights and <br />responsibilities of Borrower thereunder inure to the benefit of the City, Agency and Authority. Any <br />capitalized term which is not otherwise defined herein shall have the meaning ascribed to such term <br />in the Loan Agreement. <br />2. Definitions. <br />For the purpose of calculating the payments to be made by Borrower to City pursuant to this <br />Note, the following terms shall have the following respective meanings: <br />"City/HOME Loan" shall mean the loan evidenced by this Note. <br />"Calendar Year" means each consecutive twelve (12) month period from January I to <br />December 30. <br />"Closing Costs" shall mean: <br />D -1 <br />DOCSOC/ 1475221 v5/200272 -0004 <br />9611 = '� <br />
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