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HomeMy WebLinkAboutC2006-088 - 3/21/2006 - NA SUBORDINATION AGREEMENT Corpus Chnsti Community Improvement Corporation (the "Subordinate Lender") has made a $150.000 Subordinated Real Estate Loan secured by a Real Estate Lien Note and Leasehold Deed (\1' Trust. each dated March 22, 2006 (such loan, the "Subordinate Loan" to Sea Breeze Seniors. LP (the "Borrower"). The Subordinate Lender understands and agree" that the Subordinate Loan is subordinate to, and inferior in lien rights and payment rights to. the 1I1debtedness evidenced by those certain $7,855,000 Multihunily Housing Revenue Bonds (Sea Breeze Senior Apartments), Series 2006 (the "Bondsh). rhe Bonds have been issued pursuant to that certain Trust Indenture (the "Indentureh). dated ciS 01 'vlarch I. 2006. between Wells Fargo Bank, National Assuclation. as lrustee (the "[ruske'") and Sea Breeze (the ""Issuer"), a public facility corporation. All capitalized terms n()t defined herein shall have the meanings assigned to them in the Indenture. !"he Subordinate Lender agrees that the Trustee's lien under the Mortgage is superim to that of the Subordinate Lender's lien for the Subordinate Loan regardless as to priorit\ of tilmg or other recordation issues. Subordinate Lender agrees that upon written notice to it from the Trustee of an occurrence of an Event of Default under the Indenture or an) related document. it shall no longer accept payments from Borrower and direct such payments to the !rustee. Subordinate Lender shall take no remedial action against the Borro'vver i 1 the Subordinate Loan is in default absent written consent from the Trustee to such action. Subordinate Lender may receive regular payments on the Subordinate Loan until it has received notice of an Event of Default under the Indenture or related documems !i'om the Crustee rhe terms of thIs Subordination Agreement shall remain in effect until such time as the Bonds have been repaid !11 full "TRUSTEE" WEU S FA.RGO BAI\.K. NATIONAL ASSOCIATION By:-+. /,; Name: Title: .,. j ! 4-- . :4', 1(1-, Christina ,- alth Jice P'ec..iem 2006-088 03/21/06 ('('('Ie "SliBORDINA TE LF~DER" CORP\S CHR1STI C< )MMUNIT'y' lMPROVEMEN r CORPORATION By' Q ,~-- .' - ,-+~--- -- ~-- 1\a111e:, , George K, Noe 'lltk General \1anager ATTEST ~ AAMANDO O-IAP... erN SfiCRETAAY . Dated: March 22. 2006 , / I I ~ \ ( L ~. ~~, , 5\ ~~:~~j~' _~_~-_}J.iLL~t.. orl-fsl i{1 )()MW\4,2--"I) Dth701 I)()( ,120 01, " . " "$'., ,,....-uo.............._.~ :f:~.a"l-(I'L