HomeMy WebLinkAboutSTATE OF CALIFORNIA DEPARTMENT OF HOUSINGA-2021-102
��O ✓�;. 'QUIPIF0
0: CDPf(I �(Cto4ci
Show SUBORDINATE LENDER CONSENT AND
ACKNOWLEDGEMENT OF SUBORDINATION
(CITY OF SANTA ANA)
The CITY OF SANTA ANA, a municipal corporation of the State of California ("Subordinate
Lender"), made loans (the "Subordinate Load') to Santa Ana Arts Collective, L.P., a
California limited partnership ("Borrower") in the original aggregate amount of $7,494,760,
which Subordinate Loan is secured by a deed of trust recorded in the Official Records of Orange
County as Instrument No. 2017000308363, a deed of trust recorded in the Official Records of
Orange County as Instrument No. 2017000308364 and a deed of trust recorded in the Official
Records of Orange County as Instrument No. 2017000308365 (collectively, the "Subordinate
Deed of Trust," and together with all other documents executed in connection with the
Subordinate Loan, the "Subordinate Loan Documents").
Pursuant to that certain Subordination Agreement between Bank of America, N.A. ("Senior
Lender") and Subordinate Lender (the "Subordination Agreement') recorded in the Official
Records of Orange County as Instrument No. 2017000308370, the Subordinate Deed of Trust,
and the indebtedness secured thereby, was subordinated in payment and priority to the lien of
that certain Construction and Permanent Leasehold Deed of Trust with Assignment of Leases
and Rents, Security Agreement and Fixture Filing dated July 21, 2017, from Borrower for the
benefit of Senior Lender, and recorded in the Official Records of Orange County, California as
Instrument No. 2017000308362 (the "Senior Deed of Trust'). The documents executed in
connection with the Senior Deed Trust ("Senior Load'), including foregoing Amendment to
Loan Documents, are referred to herein as the "Senior Loan Documents."
Subordinate Lender hereby consents to the foregoing Amendment to Loan Documents and to the
execution and recordation of the Amendment to Loan Documents. Subordinate Lender agrees
and acknowledges that each of the Subordinate Loans shall remain subordinate to the same
extent and as fully as the same were subordinated to the Senior Loan and the Senior Loan
Documents, as amended pursuant to the foregoing Amendment to Loan Documents, pursuant to
the Subordination Agreement.
[Signature on following page]
Santa Ana Arts Collective
Amendment to Loan Documents (Subordinate Lender Consent and Acknowledgement)
4836-2357-4256, v. 4
A-2021-102
CITY OF SANTA ANA
By:
Name:
Title: City Manager
ATTEST:
y:
Name:
Title: Daisy Gomez, MMC
Clerk of the Council
APPRO A 4TF7ORM:
By:
Name: VI 4r
Ti: City ttotney
4,04;t
[Signature Page to Amendment to Loan Documents
(Subordinate Lender Consent and Acknowledgement)]
Santa Ana Arts Collective
Amendment to Loan Documents (Subordinate Lender Consent and Acknowledgement)
4836-2357-4266
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On August 16, 2021 before me, Claudia M. Fernandez -Shaw, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge
who proved to me on the basis of satisfactory evidence to be the persoi whose name Qi c
subscribed to the within instrument and acknowledged to me that he/shli executed the same in
�Utsih !ir authorized capacity(), and that byNett&A IF signature(p'on the instrument the
person, or the entity upon behalf of which the persi acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CLAUDIA M. FERNANDEZSHAW
Se�
_ Notary Publit- Calihmla
/1
Crance County
/J
Commission x 54
My 6Comm,€epiro� Jan fan 25. 2012
CITY OF SANTA ANA
By:
Name- - Jt n
Title: City Manager
ATTEST:
BY:
Name:
Title: Daisy Gomez, MMC
Clerk of the Council
[Signature Page to Amendment to Loan Documents
(Subordinate Lender Consent and Acknowledgement)]
Santa Ana Arts Collective
Amendment to Loan Documents (Subordinate Lender Consent and Acknowledgement)
4836-2357-4256
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On August 16, 2021 before me, Claudia M. Fernandez -Shaw, Notary Public
(insert name and title of the officer)
personally appeared Kristine Ridge
who proved to me on the basis of satisfactory evidence to be the persoV whose name )64m
subscribed to the within instrument and acknowledged to me that executed the same in
authorized capacity(i and that by�eFrsignature0f on the instrument the
person ( ), or the entity upon be alf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CLAUDIA M. FERNANUEZ-SHAW
Notary Public - California
hand d offlClal 5 I. Orange County
Commission p 2228084
My Comm. €xpine Jon 25, 2022
/Ce�l1
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF
COUNTY OF
On , before me, , a notary
public, personally appeared who proved to
me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
[Seal]
Notary Public
My Commission Expires: