SUBORDINATION AGREEMENT RECITALS

Size: px
Start display at page:

Download "SUBORDINATION AGREEMENT RECITALS"

Transcription

1 190 South LaSalle Street, 11th Floor Development Corporation do U.S. Bancorp Community U.S. Bank National Association (SPACE ABOVE FOR RECORDERS USE) A. Borrower owns that certain real estate more particularly described on partnership ( Original Owner ) previously entered into that certain Regulatory Agreement and /!/[Borrower has assumed Original Owner s obligations under the County Regulatory Agreement ( Official Records ) substantially concurrently herewith.]!!! 2017, which is recording in the Official Records of the County of Orange, State of California Declaratin of Restrictive Covenants August 8, 1998, which recorded in the Official Records on August 24, 1998 as Instrument No ( County Regulatory Agreement ). pursuant to that certain Assignment and Assumption Agreement dated as of B. County and Heritage Partners Limited Partnership, a California limited Exhibit A, and all improvements now or hereafter located thereon (collectively, the Real Documents (the Personal Property ; together with the Real Property, the Property ). Property ), and (ii) that certain personal property more particularly described in the Senior Loan RECITALS behalf or through other agents thereafter, are referred to herein as Senior Lienholder ). California limited partnership ( Borrower ), COUNTY OF ORANGE, CALIFORNIA, a political subdivision duly organized and existing under the Constitution and the laws of the State of California ( Cottitty ), and U.S. BANK NATIONAL ASSOCIATION, a national banking association ( U.S. Bank ), in its capacity as agent (in such capacity, Agent ) for the CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint exercise of powers agency duly organized and validly existing under the laws of the State of California ( Isstter ), under and pursuant to the Master Agency Agreement dated as of 2017, between the Issuer and Agent ( Ageitcy Agreement ) (Issuer and its successors in interest in and to this Agreement acting through Agent during the term of Agent s agency and acting on their own THIS SUBORDINATION AGREEMENT (this Agreement ) is made as of 2017, by and among HERITAGE VILLAS HOUSING PARTNERS LP, a PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LiEN OF NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE ESTATES IN THE SOME OTHER OR LATER SECURITY INSTRUMENT. SUBORDINATION AGREEMENT Chicago, IL Mail Code: MK-IL-SLI 1 Attention: Catherine Swiderski Page 1 of 13 WHEN RECORDED MAIL TO:

2 C. Issuer has issued, or will issue, its California Municipal finance Authority Multifamily Housing Revenue Bonds (Heritage Villas Seniors Apartments) 2017 Issue A, in the aggregate principal amount of I//[$19,000,000]/// (the Bonds ). Issuer desires to make a loan ( Senior Loan ) to Borrower in a maximum principal amount equal to the maximum principal amount of the Bonds. The Bonds are being issued pursuant to that certain Master Pledge and Assignment dated as of by and among Issuer, Agent, and U.S. Bank National Association, in its capacity as holder of the Bonds (in such capacity, Holder ). The Senior Loan is evidenced by (i) a Construction Loan Agreement ( Senior Loan Agreement ) dated as of 2017 by and between Borrower and Senior Lienholder, and (ii) a promissory note (the Senior Note ) dated as of 2017, made by Borrower in favor of Senior Lienholder, in the maximum aggregate principal sum of the Senior Loan. The Senior Note is secured by, among other things, a Construction and Permanent Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing ( Senior Deed Trust ) dated as of 2017, made by Borrower, as trustor, for the benefit of Senior Lienholder, as beneficiary, to be recorded substantially concurrently herewith in the Official Records. The Senior Loan Agreement, the Senior Note, the Senior Deed of Trust and the other Loan Documents (as defined in the Senior Loan Agreement) are hereinafter sometimes collectively referred to as the Seitior Loan Docuntents. The Senior Loan Agreement, Senior Note, Senior Deed of Trust and the other Senior Loan Documents are, substantially concurrently herewith, being assigned by Senior Lienholder to U.S. Bank National Association, a national banking association, in its capacity as the Holder of the Bonds. of E. As used herein, the term Senior Lie,zhotder Indebtedness means any and all indebtedness, claims, debts, liabilities or other obligations from Borrower to Senior Lienholder under the Senior Loan Documents, together with all interest accruing thereon and all costs and expenses, including attorneys fees, of collection thereof, whether the same accrues or is incurred before or after the commencement of any bankruptcy case by or against Borrower. F. Upon the timely satisfaction of the Conversion Conditions set forth in that certain Bond Purchase Agreement (the Bond Purchase Agreement ) dated as of even date herewith by and among Borrower, U.S. Bank and California Community Reinvestment Corporation, a California nonprofit public benefit corporation ( CC RC ), CCRC has agreed to purchase the Bonds from U.S. Bank for a purchase price in the maximum amount of I//[$12,625,000jI//. Upon CCRC s purchase of the Bonds, the Senior Loan Agreement shall be supplemented by that certain Permanent Loan Agreement dated as of 2017 (the Permanent Loan Agreement ) by and between Borrower and CCRC, and to the extent of any inconsistency between the Senior Loan Agreement and the Permanent Loan Agreement, the provisions of the Permanent Loan Agreement shall control. Effective as of the Conversion Date (as defined in the Bond Purchase Agreement) and CCRC s purchase of the Bonds, any reference herein to Agent, U.S. Bank or Holder shall mean CCRC, any reference to the Senior Loan shall mean the permanent loan made to Borrower from the proceeds of CCRC s purchase of a portion of the Bonds and any reference to the Senior Loan Documents shall mean the Loan Documents described in the Permanent Loan Agreement. G. Pursuant to the Senior Deed of Trust and the other Senior Loan Documents, Borrower is not entitled to further encumber the Property without the prior written v t7-2- Page 2 of 13

3 Loan Documents that the Senior Deed of Trust and the other Senior Loan Documents be and remain at all times a lien or charge upon the Property, prior and superior to the liens or charges H. It is a condition precedent to Senior Lienholder to entering into the Senior I. Senior Lienholder is willing to enter into the Senior Loan Documents and J. County is willing that, subject to the terms of this Agreement, the Senior K. Capitalized terms used herein and not otherwise defined shall have the 1. Subordination. The Senior Deed of Trust in favor of Senior Lienholder, and all 2. Only Agreement Regarding Subordination. Senior Lienholder would not make the -3- or charge of the Senior Deed of Trust and shall supersede and cancel, but only insofar as would Senior Loan or permit the County Regulatory Agreement to remain an encumbrance on the Property without this Agreement. This Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the County Regulatory Agreement to the lien not be made or entered into but for said reliance upon this subordination. thereof, specific monetary and other obligations are being and will be entered into which would amendments, modifications, extensions and renewals thereof shall unconditionally be and remain Subordinated County Regulatory Agreement Provisions. County intentionally and unconditionally subordinates the lien or charge of the SLibordinated County Regulatory Agreement Provisions in favor of the lien or charge upon said land of the Senior Deed of Trust in favor of Senior Lienholder, and understands that in reliance upon and in consideration of this subordination, specific loans and advances are being and will be made and, as part and parcel at all times a lien or charge on the Property prior and superior to the lien or charge of the consideration is hereby acknowledged, and in order to induce Senior Lienholder to make the Senior Loan, it is hereby declared, understood, and agreed as follows: NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which AGREEMENT meanings set forth for them in the Senior Loan Agreement. the lien or charge of the Subordinated County Regulatory Agreement Provisions. The parties Deed of Trust shall constitute a lien or charge upon the Property which is prior and superior to hereto enter into this Agreement for the purposes set forth in these Recitals. Deed of Trust and the other Senior Loan Documents. that (1) the Senior Deed of Trust and the other Senior Loan Documents are a lien or charge upon the Property prior and superior to the lien or charge of the Subordinated County Regulatory permit the County Regulatory Agreement to remain an encumbrance on the Property, provided Agreement Provisions, and (2) County will specifically subordinate the lien or charge of the Subordinated County Regulatory Agreement Provisions to the liens or charges of the Senior Agreement Provisions ). of Sections 5 and 10 of the County Regulatory Agreement ( Subordinated County Regulatory consent of Senior Lienholder, which consent may be withheld in Senior Lienholder s sole discretion. Page 3 of 13

4 affect the priority between said deeds of trust and said covenants, conditions and restrictions, any prior agreements as to such subordination, including, but not limited to, those provisions, if any, contained in the County Regulatory Agreement which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. 3. Loan Disbursements. In making disbursements pursuant to any of the Senior Loan Documents, Senior Lienholder is under no obligation or duty to, nor has Senior Lienholder represented that it will, see to the application of such proceeds by the person or persons to whom Senior Lienholder disburses such proceeds, and any application or use of such proceeds for purposes other than those provided for in such Senior Loan Document(s) shall not defeat the subordination herein made in whole or in part. 4. Consent and Approval. County has received and consents to and approves the Senior Loan Documents, including but not limited to any extension, modification and/or amendment of said agreements, between Borrower and Senior Lienholder. No decision by County to review or not review the Senior Loan Documents, including but not limited to the disbursement provisions contained therein, shall impair or otherwise limit the enforceability of this Agreement. 5. Other Agreements. County and Borrower declare, agree, and acknowledge that: 5.1 Intentionally Omitted. 5.2 Repayment of Senior Lienholder Indebtedness. This Agreement shall remain in full force and effect until all amounts due under the Senior Note and the Senior Loan Agreement are fully repaid in accordance with its terms and all of the terms of this Agreement have been complied with. 5.3 Default under the County Regulatory Agreement. Notwithstanding anything to the contrary set forth in the Cocinty Regulatory Agreement, following any foreclosure or deed in lieu of foreclosure of the Senior Deed of Trust (a Senior Loan Foreclosure ) by Senior Lienholder or its designee or assignee ( Lender Owiter ), the sole remedy of County upon default by Lender Owner under the County Regulatory Agreement shall be to pursue an action for specific performance to enforce the coventants and restrictions set forth in the County Regulatory Agreement (other than the Subordinated County Regulatory Agreement Provisions). In no event shall Senior Lienholder or any Lender Owner have any liability to the County for any default under the County Regulatory Agreement relating to any act or omission that occurred prior to the date of any Senior Loan Foreclosure. 5.4 Qualified Project Period. County hereby confirms that the Qualified Project Period under the County Regulatory Agreement commenced on September 30, Senior Lienholder Agreements. 6.1 Senior Lienholder agrees that it shall not complete a foreclosure sale of the Property or record a deed-in-lieu of foreclosure with respect to the Property (each, a Foreclosure Remedy ) unless County has first been given thirty (30) days written notice of the Event(s) of Default giving Senior Lienholder the right to complete such Foreclosure Remedy, and unless County has failed, within such thirty (30) day period, to cure such Event(s) of -4- Page 4 of 13

5 specifically set forth in the Senior Loan Documents), commencement and pursuit of a judicial or non-judicial foreclosure (but not completion of the foreclosure sale), appointment of a receiver, but not limited to, acceleration of the Senior Loan (subject to any de-acceleration provisions -5- signature page(s) and acknowledgment(s) assembled into one original document for recordation, counterparts. This Agreement is to be governed according to the laws of the State of California. and the validity hereof shall not be impaired by reason of such execution in multiple 9. Miscellaneous. This Agreement may be executed in multiple counterparts and the Lienholder under the Senior Loan Documents is, and shall at all times remain, solely that of borrower and lender. Based thereon, County acknowledges and agrees that Senior Lienholder neither undertakes nor assumes any fiduciary responsibility or other responsibility or duty to County Regulatory Agreement. the agreements between those parties and other third parties, including without limitation the Borrower or County to guarantee or assist in Borrower s or County s performance under any of 8. Effect of Other Agreements. The relationship between Borrower and Senior bankruptcy, insolvency, receivership or similar law, then if such payment is recovered by, or originally intended to be satisfied shall be deemed to be reinstated and outstanding as if such payment had not occurred. paid over to, such trustee, receiver or other similar party, the Senior Indebtedness or part thereof trustee, receiver or other similar party under the Bankruptcy Code or any federal or state (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of setoff, or otherwise) is declared to be fraudulent or preferential, set aside or required to he paid to a 7. Bankruptcy Provisions. To the extent any payment under any Senior Loan Document Housing Community Development & Homeless Prevention Santa Ana, California OC Community Resources Grand Avenue, Bldg. B, 3td Floor at the address set forth below or such other address as County may instruct Senior Lienholder in the notice and opportunity to cure described above. Senior Lienholder shall give County notice of the parties hereunder that Senior Lienholder shall have the right to pursue all rights and Senior Lienholder s rights to accelerate the Senior Loan or exercise any other remedies under the Senior Loan Documents as to any future or continuing Events of Default. It is the express intent remedies except completion of a foreclosure Remedy without liability to County for failure to provide timely notice to County required hereunder, and that Senior Lienholder s liability the Senior Loan and County cures all Events of Default giving rise to such acceleration within the thirty (30) day cure period described above, such cure shall have the effect of de-accelerating the Senior Loan; provided, however, that such de-acceleration shall not waive or limit any of enforcement of any guaranty (subject to any notice and cure provisions contained therein), and/or enforcement of any other Senior Loan Document. In the event Senior Lienholder has accelerated hereunder shall be expressly limited to actual and consequential damages to County directly caused by Senior Lienholder s completion of a Foreclosure Remedy without County receiving writing from time to time: Page 5 of 13 Default; provided, however, that Senior Lienholder shall be entitled during such thirty (30) day period to continue to pursue all of its rights and remedies under the Loan Documents, including,

6 any lien, estate, right or other interest in the Property, that lien, estate, right or other interest shall attorneys fees and expert witness fees, incurred by the prevailing party in connection therewith. court or arbitrator, all of the prevailing party s costs and expenses, including without limitation If County or any affiliate of County shall acquire, by indemnification, subrogation or otherwise, v [Remainder of Pctge hi ten tionatly Left Blank] under the Senior Loan Documents have been indefeasibly paid in full and all Senior Lienholder s obligations to extend credit under the Senior Loan Documents have terminated, the right to exercise any and all such rights it may acquire by indemnification, subrogation or otherwise. herein, and County hereby waives, on behalf of itself and such affiliate, until all amounts owed The Agreement shall inure to the benefit of, and the binding upon, the parties hereto and the respective successors and assigns. be subordinate to the Senior Deed of Trust and the other Senior Loan Documents as provided prevailing party shall be entitled to recover from the non-prevailing party, as determined by the In the event of action, suit, proceeding or arbitration to enforce any term of this Agreement, the Page 6 of 13

7 MAY ALLOW THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE PROPERTY. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH v I 7 [Signature Page to Subordination Agreement] By : ORANGE COUNTY, CA IFO NIA: COUNTY COUNSEL APPROVED AS TO FORM: Name: Title: By: a political subdivision of the State of California COUNTY OF ORANGE, COUNTY: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Page 7 of 13

8 By: JHC-Heritage Villas Housing LLC, BORROWER: [Signature Page to Subordination Agreement] Name: Title: By: corporation, its Member and Manager By: Jamboree Housing Corporation, its Managing General Partner a California limited partnership a California limited liability company, a California nonprofit public benefit HERITAGE VILLAS HOUSING PARTNERS LP, 4. Page 8 of 13

9 and Lender, 2017 by and between Agent to that certain Master Agency Agreement dated SENIOR LIENHOLDER: [Signature Page to Subordination Agreement] Vice President Diana E. Cardenas By: a national banking association, as Agent pursuant U.S. BANK NATIONAL ASSOCIATION, Page 9 of 13

10 certificate verifies only the identity of the individual who signed the document to which A notary public or other officer completing this ) ss (SEAL) Signature WITNESS my hand and official seal. paragraph is true and correct. I certify under PENALTY Of PERJURY under the laws of the State of California that the foregoing he/she/they executed the same in his/her their authorized capacity (les), and that by his/her/their signature instrument. (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that who proved to me on the basis of satisfactory evidence to be the a Notary Public in and for said State, personally appeared 2017 before me, On State of California ) County of truthfulness, accuracy, or validity of that document. this certificate is attached, and not the ACKNOWLEDGMENT Page 10 of 13

11 certificate verifies only the identity of the individual who signed the document to which truthfulness, accuracy, or validity of that document. this certificate is attached, and not the A notary public or other officer completing this v (SEAL) Signature WITNESS my hand and official seal. paragraph is true and correct. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the who proved to me on the basis of satisfactory evidence to be the person (s) 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 ties), and that by his/her/their signature instrument. a Notary Public in and for said State, personally appeared On before me, County of ) ss State of California ACKNOWLEDGMENT Page 11 of 13

12 certificate verifies only the identity of the individual who signed the document to which A notary public or other officer completing this (SEAL) Signature WITNESS my hand and official seal. paragraph is true and correct. person (s) 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 instrument. County of State of California ) truthfulness, accuracy, or validity of that document. this certificate is attached, and not the ) ss On a Notary Public in and for said State, personally appeared who proved to me on the basis of satisfactory evidence to be the (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ACKNOWLEDGMENT Page 12 of 13

13 described as follows: EXHIBIT A Assessor s Parcel Number: Exhibit A Legal Description Page 13 of 13 The land referred to herein below is situated in the County of Orange, State of California, and is

DEED OF TRUST WITH REQUEST FOR NOTICE

DEED OF TRUST WITH REQUEST FOR NOTICE RECORDING REQUESTED BY: When Recorded Mail Document To: APN: SPACE ABOVE THIS LINE IS FOR RECORDER S USE DEED OF TRUST WITH REQUEST FOR NOTICE HIS DEED OF TRUST is made this day of among the Trustor, (herein

More information

Deed of Trust. a resident of the Commonwealth of Virginia, whose full residence or business address is

Deed of Trust. a resident of the Commonwealth of Virginia, whose full residence or business address is "THIS DEED OF TRUST SHALL NOT, WITHOUT THE CONSENT OF THE SECURED PARTY HEREUNDER, BE SUBORDINATED UPON THE REFINANCING OF ANY PRIOR MORTGAGE." Return To: Tax Map Reference #: RPC/Parcel ID #: Prepared

More information

[Space Above This Line For Recording Date] MORTGAGE

[Space Above This Line For Recording Date] MORTGAGE WHEN RECORDED MAIL TO New Jersey Housing and Mortgage Finance Agency 637 S. CLINTON AVE., PO BOX 18550 TRENTON, NJ 08650-2085 LOAN #: «LOAN_NUMBER» [Space Above This Line For Recording Date] MORTGAGE THIS

More information

DEED OF TRUST. a resident of the Commonwealth of Virginia, whose full residence or business address is. , and

DEED OF TRUST. a resident of the Commonwealth of Virginia, whose full residence or business address is. , and "THIS DEED OF TRUST SHALL NOT WITHOUT THE CONSENT OF THE SECURED PARTY HEREUNDER BE SUBORDINATED UPON THE REFINANCING OF ANY PRIOR MORTGAGE." Return To: Tax Map Reference #: Prepared by: RPC/Parcel ID

More information

REVOLVING CREDIT MORTGAGE

REVOLVING CREDIT MORTGAGE REVOLVING CREDIT MORTGAGE WHEN RECORDED, MAIL TO: 1 2 3 PARCEL ID NUMBER: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS MORTGAGE CONTAINS A DUE-ON-SALE PROVISION AND SECURES INDEBTEDNESS UNDER A CREDIT

More information

ALLONGE TO PROMISSORY NOTE. (City View Apartments)

ALLONGE TO PROMISSORY NOTE. (City View Apartments) () THIS ( Allonge ) dated as of, 2015, is made by CHURCH STREET HOUSING PARTNERS I, LLC, a Florida limited liability company ( Borrower ), with a principal address of 100 South Orange Avenue, 7 th Floor,

More information

SUBORDINATION AGREEMENT

SUBORDINATION AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Robert Cheng, Esq. Shutts & Bowen LLP 200 South Biscayne Boulevard 41 st Floor Miami, FL 33131 ---------------------------------------------------------------------------------------------------------------------

More information

FIXED RATE PROMISSORY NOTE (INTEREST-ONLY PAYMENTS)

FIXED RATE PROMISSORY NOTE (INTEREST-ONLY PAYMENTS) FIXED RATE PROMISSORY NOTE (INTEREST-ONLY PAYMENTS) Loan Number: 2014A1234 : OCTOBER 29, 2014 $ 125,000.00 FOR VALUE RECEIVED, the undersigned ("") promises to pay to A&D MORTGAGE LLC, A FLORIDA LIMITED

More information

DEED OF TRUST (Assumable Not Due on Transfer)

DEED OF TRUST (Assumable Not Due on Transfer) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 The printed portions of this form, except

More information

SUBORDINATED NOTE PURCHASE AGREEMENT 1. DESCRIPTION OF SUBORDINATED NOTE AND COMMITMENT

SUBORDINATED NOTE PURCHASE AGREEMENT 1. DESCRIPTION OF SUBORDINATED NOTE AND COMMITMENT SUBORDINATED NOTE PURCHASE AGREEMENT This SUBORDINATED NOTE PURCHASE AGREEMENT (this Agreement ), dated as of the date it is electronically signed, is by and between Matchbox Food Group, LLC, a District

More information

Mango Bay Properties & Investments dba Mango Bay Mortgage

Mango Bay Properties & Investments dba Mango Bay Mortgage WHOLESALE BROKER AGREEMENT This Wholesale Broker Agreement (the Agreement ) is entered into on this day of between Mango Bay Property and Investments Inc. dba Mango Bay Mortgage (MBM) and ( Broker ). RECITALS

More information

DEED OF TRUST AND ASSIGNMENT OF RENTS SAN FRANCISCO POLICE IN THE COMMUNITY LOAN PROGRAM (PIC)

DEED OF TRUST AND ASSIGNMENT OF RENTS SAN FRANCISCO POLICE IN THE COMMUNITY LOAN PROGRAM (PIC) Free Recording Requested Pursuant to Government Code Section 27383 When recorded, mail to: Mayor's Office of Housing AND Community Development of the City and County of San Francisco One South Van Ness

More information

PROMISSORY NOTE. 2.1 Payments. During the term of this Note, Borrower shall pay to Lender as follows:

PROMISSORY NOTE. 2.1 Payments. During the term of this Note, Borrower shall pay to Lender as follows: PROMISSORY NOTE $41,500.00, 2017 FOR VALUE RECEIVED, without defalcation, and intending to be legally bound hereby, CHARLES A MELTON ARTS & EDUCATION CENTER, a Pennsylvania nonprofit corporation, with

More information

FILED: NEW YORK COUNTY CLERK 01/30/ :10 AM INDEX NO /2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/30/2018

FILED: NEW YORK COUNTY CLERK 01/30/ :10 AM INDEX NO /2017 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 01/30/2018 Exhibit D ME1 25464178v.l GUARANTY In consideration of financial accommodations given or to be given or continued to Jailaxmi "Borrower" Taxi Inc., (the "Borrower"), by FIRST JERSEY CREDIT UNION, a state

More information

Subordinate Mortgage

Subordinate Mortgage PREPARED BY AND RECORDATION REQUESTED BY: THE AFFORDABLE HOUSING CORPORATION OF LAKE COUNTY 1590 S. MILWAUKEE AVENUE, STE. 312 LIBERTYVILLE, IL 60048 WHEN RECORDED MAIL TO: THE AFFORDABLE HOUSING CORPORATION

More information

ADOPT A RESOLUTION ESTABLISHING A SUBORDINATION POLICY FOR THE BELOW MARKET PRICE (BMP) HOUSING PROGRAM

ADOPT A RESOLUTION ESTABLISHING A SUBORDINATION POLICY FOR THE BELOW MARKET PRICE (BMP) HOUSING PROGRAM yaw N MEETING DATE: 1/ 22/ 2013 ITEM NO. t COUNCIL AGENDA REPORT DATE: JANUARY 9, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION ESTABLISHING A SUBORDINATION

More information

Housing Authority of the City of San Diego. Justin Cooper and Christine Cadman FROM. DATE February 17, Atmosphere II

Housing Authority of the City of San Diego. Justin Cooper and Christine Cadman FROM. DATE February 17, Atmosphere II ORRICK, HERRINGTON & SUTCLIFFE LLP THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO, CALIFORNIA 94105-2669 tel +1-415-773-5700 fax +1-415-773-5759 WWW.ORRICK.COM TO FROM Housing Authority of the City

More information

CO-OPERATIVE APARTMENT LOAN SECURITY AGREEMENT

CO-OPERATIVE APARTMENT LOAN SECURITY AGREEMENT CO-OPERATIVE APARTMENT LOAN SECURITY AGREEMENT THIS SECURITY AGREEMENT made the day of, 20, between and, residing at (referred to in this Security Agreement as the Borrower ) and (referred to in this Security

More information

DEED OF TRUST AND ASSIGNMENT OF RENTS FIRST RESPONDERS DOWNPAYMENT ASSISTANCE LOAN PROGRAM (FRDALP)

DEED OF TRUST AND ASSIGNMENT OF RENTS FIRST RESPONDERS DOWNPAYMENT ASSISTANCE LOAN PROGRAM (FRDALP) Free Recording Requested Pursuant to Government Code Section 27383 When recorded, mail to: Mayor's Office of Housing and Community Development of the City and County of San Francisco 1 South Van Ness Avenue,

More information

Exhibit 2 Page 1 of 14

Exhibit 2 Page 1 of 14 Page 1 of 14 Page 2 of 14 Page 3 of 14 Page 4 of 14 Page 5 of 14 Page 6 of 14 Page 7 of 14 Page 8 of 14 Prepared By and Return To: Jeffrey Drew Butt, Esq. Squire Patton Boggs (US) LLP One Tampa City Center

More information

PROMISSORY NOTE TERM TABLE. BORROWER S PRINCIPAL (manager):

PROMISSORY NOTE TERM TABLE. BORROWER S PRINCIPAL (manager): PROMISSORY NOTE TERM TABLE PRINCIPAL (loan amount): ORIGINATION DATE: BORROWER: INTEREST (annualized): MATURITY DATE: BORROWER S PRINCIPAL (manager): ADDRESS: LIEN: First priority lien. Second priority

More information

THIS AGREEMENT, made the day of in the year BETWEEN

THIS AGREEMENT, made the day of in the year BETWEEN Building Loan Contract CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS AGREEMENT, made the day of in the year BETWEEN hereinafter referred to as

More information

GUARANTY (Individual Guarantor - Michael B. Alexander) WHEREAS, ECHO BRIDGE ENTERTAINMENT, LLC, a Delaware limited liability

GUARANTY (Individual Guarantor - Michael B. Alexander) WHEREAS, ECHO BRIDGE ENTERTAINMENT, LLC, a Delaware limited liability 14 The indebtedness evidenced by this instrument is subordinated to the prior payment in full of the Senior Indebtedness (as defined in the Intercreditor and Subordination Agreement hereinafter referred

More information

Pre- Foreclosure Step By Step Compliance Checklist & Order Form

Pre- Foreclosure Step By Step Compliance Checklist & Order Form GOLDEN WEST FORECLOSURE SERVICE, INC. 611 Veterans Blvd., Suite 217, Redwood City, CA 94063-1401 Ph. (888) 982-3888 Fax. (650) 369-2261 Website: www.goldenwestforeclosure.com Email: gwfs@earthlink.net

More information

American Land Title Association Revised 10/17/92 Section II-1 POLICY OF TITLE INSURANCE. Issued by BLANK TITLE INSURANCE COMPANY

American Land Title Association Revised 10/17/92 Section II-1 POLICY OF TITLE INSURANCE. Issued by BLANK TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE Issued by BLANK TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, BLANK

More information

FILED: NEW YORK COUNTY CLERK 08/14/ :36 PM INDEX NO /2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/14/2015. Exhibit C

FILED: NEW YORK COUNTY CLERK 08/14/ :36 PM INDEX NO /2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/14/2015. Exhibit C FILED: NEW YORK COUNTY CLERK 08/14/2015 10:36 PM INDEX NO. 652346/2015 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/14/2015 Exhibit C For Lender use only: Received by: Approved by: Other: CAPITAL ONE TAXI MEDALLION

More information

LOAN AGREEMENT. Recitals

LOAN AGREEMENT. Recitals LOAN AGREEMENT THIS LOAN AGREEMENT (this Loan Agreement ) is entered into and effective as of March 9, 2017 (the Effective Date ), by and between the Capitol Area Community Development Corporation, a California

More information

PROMISSORY NOTE (MPOWER LOAN) Date:, 20

PROMISSORY NOTE (MPOWER LOAN) Date:, 20 PROMISSORY NOTE (MPOWER LOAN) $ Date:, 20 FOR VALUE RECEIVED,, an Oregon ( Borrower ), having its principal office at, promises to pay to the order of MPOWER OREGON, LLC, an Oregon limited liability company,

More information

HOME INVESTMENT PARTNERSHIPS PROGRAM FIRST-TIME HOMEBUYER ACQUISITION LOAN MORTGAGE

HOME INVESTMENT PARTNERSHIPS PROGRAM FIRST-TIME HOMEBUYER ACQUISITION LOAN MORTGAGE HOME INVESTMENT PARTNERSHIPS PROGRAM FIRST-TIME HOMEBUYER ACQUISITION LOAN MORTGAGE THIS MORTGAGE (this "Mortgage") is made this day of, 20 between the mortgagor, (herein "Borrower") whose address is,

More information

LOAN AGREEMENT. WHEREAS, Lender intends to provide, and Borrower intends to receive, a loan upon the terms and conditions hereinafter set forth,

LOAN AGREEMENT. WHEREAS, Lender intends to provide, and Borrower intends to receive, a loan upon the terms and conditions hereinafter set forth, LOAN AGREEMENT This loan agreement (the Agreement ), entered into as of Month Day, Year, is hereby made by and between the Parties stated below (each a Party ). WITNESSETH: WHEREAS, Lender intends to provide,

More information

SONYMA Neighborhood Revitalization Fund and Down Payment Assistance Loan ENFORCEMENT NOTE AND MORTGAGE

SONYMA Neighborhood Revitalization Fund and Down Payment Assistance Loan ENFORCEMENT NOTE AND MORTGAGE Record and Return to: SONYMA Neighborhood Revitalization Fund and Down Payment Assistance Loan ENFORCEMENT NOTE AND MORTGAGE Dated as of:, 20 This instrument affects realty situated in the State of New

More information

CDBG PIGGYBACK PROGRAM GAP FINANCING NOTE

CDBG PIGGYBACK PROGRAM GAP FINANCING NOTE CDBG PIGGYBACK PROGRAM GAP FINANCING NOTE US $, 200 FOR VALUE RECEIVED, the undersigned ( Borrower ) jointly and severally and in solido (if more than one) promises to pay to the order of THE STATE OF

More information

DEED OF TRUST NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.

DEED OF TRUST NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The

More information

DFI FUNDING BROKER AGREEMENT Fax to

DFI FUNDING BROKER AGREEMENT Fax to DFI FUNDING BROKER AGREEMENT Fax to 916-848-3550 This Wholesale Broker Agreement (the Agreement ) is entered i n t o a s o f (the Effective Date ) between DFI Funding, Inc., a California corporation (

More information

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 8-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 8-K Merrill Corporation 14-14493-1 Tue Jun 03 07:04:43 2014 (V 2.4m-2-P66747CBE) 8-K 107945 c:\jms\107945\14-14493-1\task6812922\14493-1-ba.pdf Chksum: 254396 Cycle 2.0 Doc 1 Page 1 UNITED STATES SECURITIES

More information

STG Indemnity Agreement

STG Indemnity Agreement STG Indemnity Agreement INDEMNITY AGREEMENT 1 This indemnification is made and given by: referred to herein as "Indemnitor" (whether one or more) for the benefit of Stewart Title Guaranty Company and (individually

More information

WHOLESALE BROKER/CONTRACTOR AGREEMENT

WHOLESALE BROKER/CONTRACTOR AGREEMENT WHOLESALE BROKER/CONTRACTOR AGREEMENT THIS WHOLESALE BROKER/CONTRACTOR AGREEMENT is entered into as of by and between Bondcorp Realty Services, Inc. ("Lender"), and, A CORPORATION ( Broker/Contractor ),

More information

Building Loan Contract CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY.

Building Loan Contract CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. Building Loan Contract CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS AGREEMENT, made the day of in the year BETWEEN hereinafter referred to as

More information

PURCHASE OPTION and SHARED APPRECIATION AGREEMENT

PURCHASE OPTION and SHARED APPRECIATION AGREEMENT [TOP 3 INCHES ABOVE THIS LINE RESERVED FOR RECORDING DATA] PURCHASE OPTION and SHARED APPRECIATION AGREEMENT THIS PURCHASE OPTION AND SHARED APPRECIATION AGREEMENT (this Agreement ) is made and entered

More information

RECITALS. WHEREAS, pursuant to the Loan Agreement, the Loan accrued interest at a rate of six percent (6%); and

RECITALS. WHEREAS, pursuant to the Loan Agreement, the Loan accrued interest at a rate of six percent (6%); and Exhibit A REINSTATED LOAN AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO FOR THE PLAZA PROJECT LOAN This Loan Agreement (this

More information

TD DEED OF TRUST

TD DEED OF TRUST 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 forfeiture

More information

PORTFOLIO MANAGEMENT AGREEMENT

PORTFOLIO MANAGEMENT AGREEMENT PORTFOLIO MANAGEMENT AGREEMENT THIS PORTFOLIO MANAGEMENT AGREEMENT (this Agreement ) is effective as of November, 2018 (the Effective Date ), by and among CIC MEZZANINE INVESTORS, L.L.C., an Illinois limited

More information

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of [ ], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I,

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of [ ], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, AUTHORITY PSL ACCOUNT AGREEMENT dated as of [ ], 2018 made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, RAIDERS FOOTBALL CLUB, LLC, as Servicer (as and to the extent described herein)

More information

DEED OF TRUST AND SECURITY AGREEMENT CITY OF WALNUT CREEK INCLUSIONARY HOUSING PROGRAM ADMINISTRATIVE CHECKLIST. (Remove Upon Completion)

DEED OF TRUST AND SECURITY AGREEMENT CITY OF WALNUT CREEK INCLUSIONARY HOUSING PROGRAM ADMINISTRATIVE CHECKLIST. (Remove Upon Completion) DEED OF TRUST AND SECURITY AGREEMENT CITY OF WALNUT CREEK INCLUSIONARY HOUSING PROGRAM ADMINISTRATIVE CHECKLIST (Remove Upon Completion) (Use this Form for Inclusionary Unit with No First Time Homebuyer

More information

LOAN AGREEMENT R E C I T A L S

LOAN AGREEMENT R E C I T A L S LOAN AGREEMENT This Loan Agreement (the Agreement ) is made and effective the 13th of January, 2012 (the Effective Transaction Date ), BETWEEN: AND: THE ONE SOURCE ENTERPRISES, LLC, a limited liability

More information

HAZARDOUS MATERIALS INDEMNITY AGREEMENT (Unsecured)

HAZARDOUS MATERIALS INDEMNITY AGREEMENT (Unsecured) HAZARDOUS MATERIALS INDEMNITY AGREEMENT (Unsecured) THIS INDEMNITY ( Indemnity ) is given on and effective ( date ), by (each an Indemnitor and collectively the Indemnitors ) to WELLS FARGO BANK, NATIONAL

More information

DISCOUNTED PAYOFF AGREEMENT SUMMARY

DISCOUNTED PAYOFF AGREEMENT SUMMARY DISCOUNTED PAYOFF AGREEMENT SUMMARY This Discounted Payoff Agreement Summary (this Summary ) is made in connection with the Discounted Payoff Agreement attached hereto (the Agreement ), among Borrower,

More information

, Note (the Note ) made by Borrower in the amount of the Loan payable to the order of Lender.

, Note (the Note ) made by Borrower in the amount of the Loan payable to the order of Lender. , 201 Re:, Illinois (the Project ) Ladies and Gentlemen: We have served as [general] [special] [local] counsel to (A), a partnership ( Beneficiary ), the sole beneficiary of ( Trustee ), as Trustee under

More information

PACE OWNER CONTRACT RECITALS

PACE OWNER CONTRACT RECITALS PACE OWNER CONTRACT THIS PROPERTY ASSESSED CLEAN ENERGY ( PACE ) OWNER CONTRACT ( Owner Contract ) is made as of the day of,, by and between, Texas ( Local Government ), and ( Property Owner ). RECITALS

More information

Paperweight Development Corp. (Exact name of registrant as specified in its charter)

Paperweight Development Corp. (Exact name of registrant as specified in its charter) UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event

More information

RESOLUTION NO A regular meeting of the Board of County Commissioners of Broward County, Florida

RESOLUTION NO A regular meeting of the Board of County Commissioners of Broward County, Florida Page 1 of 15 RESOLUTION NO. 2017- A regular meeting of the Board of County Commissioners of Broward County, Florida was held at 10:00 a.m. on, 2017, at the Broward County Governmental Center, Fort Lauderdale,

More information

AMENDED AND RESTATED SUBORDINATION AGREEMENT (Biozone Laboratories, Inc.)

AMENDED AND RESTATED SUBORDINATION AGREEMENT (Biozone Laboratories, Inc.) AMENDED AND RESTATED SUBORDINATION AGREEMENT (Biozone Laboratories, Inc.) This SUBORDINATION AGREEMENT (the "Agreement") is entered into as of, 2008 (the "Effective Date"), by and between the Redevelopment

More information

NEW JOBS TRAINING AGREEMENT PART I

NEW JOBS TRAINING AGREEMENT PART I NEW JOBS TRAINING AGREEMENT PART I 1. College means Community College,,, Michigan. Notices, requests, or other communications directed to the College under this Agreement shall be addressed as follows:

More information

PROMISSORY NOTE A SECURED BY DEED OF TRUST (AUTHORITY)

PROMISSORY NOTE A SECURED BY DEED OF TRUST (AUTHORITY) .. PROMISSORY NOTE A SECURED BY DEED OF TRUST (AUTHORITY) $38,930,000 Principal Amount Santa Monica, California Dated: December 14, 2004 A. The REVELOPMENT AGENCY OF THE CITY OF SANTA MONICA (the "Borrower"),

More information

SIDE LETTER AGREEMENT RE REAL PROPERTY COLLATERAL AND SUBORDINATION December 5, 2016

SIDE LETTER AGREEMENT RE REAL PROPERTY COLLATERAL AND SUBORDINATION December 5, 2016 SIDE LETTER AGREEMENT RE REAL PROPERTY COLLATERAL AND SUBORDINATION December 5, 2016 Michael Newell Black Hawk III, LLC 1950 Bellerive Ln., Suite 109 Coeur d'alene, ID 83814 Re: Side Letter Agreement re

More information

INTERCREDITOR AGREEMENT. by and between. as Senior Lender. and. Mezzanine Lender. Dated as of

INTERCREDITOR AGREEMENT. by and between. as Senior Lender. and. Mezzanine Lender. Dated as of INTERCREDITOR AGREEMENT by and between as Senior Lender and Mezzanine Lender Dated as of Premises: DMEAST #9399801 v1 INTERCREDITOR AGREEMENT THIS INTERCREDITOR AGREEMENT (this Agreement ), dated as of,

More information

INDENTURE. by and between the. HOUSING AUTHORITY OF THE CITY OF SAN DIEGO, as Issuer. and. U.S. BANK NATIONAL ASSOCIATION, as Bondowner Representative

INDENTURE. by and between the. HOUSING AUTHORITY OF THE CITY OF SAN DIEGO, as Issuer. and. U.S. BANK NATIONAL ASSOCIATION, as Bondowner Representative Quint & Thimmig LLP 9/27/12 10/22/12 11/5/12 INDENTURE by and between the HOUSING AUTHORITY OF THE CITY OF SAN DIEGO, as Issuer and U.S. BANK NATIONAL ASSOCIATION, as Bondowner Representative dated as

More information

REVOLVING SUBORDINATED LOAN AGREEMENT

REVOLVING SUBORDINATED LOAN AGREEMENT REVOLVING SUBORDINATED LOAN AGREEMENT This Revolving Subordinated Loan Agreement (the "Agreement") is effective as of the day of, 20 by and between (the "Lender"), and (the "Borrower"), who mutually agree

More information

EXHIBIT A: Subscription Documents

EXHIBIT A: Subscription Documents EXHIBIT A: Subscription Documents Subscription Agreement & Accredited Investor Questionnaire THE SECURITIES HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 OR THE SECURITIES LAWS OF ANY STATE

More information

INTERCOMPANY SUBORDINATION AGREEMENT

INTERCOMPANY SUBORDINATION AGREEMENT 10 The indebtedness evidenced by this instrument is subordinated to the prior payment in full of the Senior Indebtedness (as defined in the Intercreditor and Subordination Agreement hereinafter referred

More information

THE LOFTS ON MAIN LIMITED PARTNERSHIP. and THE CITY OF PEEKSKILL $1,044, LOAN AGREEMENT. DATED AS OF June, 2016

THE LOFTS ON MAIN LIMITED PARTNERSHIP. and THE CITY OF PEEKSKILL $1,044, LOAN AGREEMENT. DATED AS OF June, 2016 THE LOFTS ON MAIN LIMITED PARTNERSHIP and THE CITY OF PEEKSKILL $1,044,481.00 LOAN AGREEMENT DATED AS OF June, 2016 This instrument affects real and personal property situated in the State of New York,

More information

PROMISSORY NOTE A ( Note A ) $.00 August, 2016

PROMISSORY NOTE A ( Note A ) $.00 August, 2016 PROMISSORY NOTE A ( Note A ) $.00 August, 2016 FOR VALUE RECEIVED, POTALA TOWER SEATTLE, LLC, a Delaware limited liability company ( Borrower ), hereby promises to pay to the order of PATH AMERICA TOWER,

More information

CONSENT TO COLLATERAL ASSIGNMENT

CONSENT TO COLLATERAL ASSIGNMENT DRAFT 5/8/13 CONSENT TO COLLATERAL ASSIGNMENT THIS CONSENT TO COLLATERAL ASSIGNMENT (this Consent ) is made as of May, 2013, by the CITY OF OVERLAND PARK, KANSAS (the City ), for the benefit of PNC BANK,

More information

REGIONAL ROAD CONCURRENCY AGREEMENT CONSTRUCTION OF IMPROVEMENTS

REGIONAL ROAD CONCURRENCY AGREEMENT CONSTRUCTION OF IMPROVEMENTS Return recorded document to: Planning and Redevelopment Division 1 North University Drive, Suite 102A Plantation, Florida 33324 Document prepared by: NOTICE: PURCHASERS, GRANTEES, HEIRS, SUCCESSORS AND

More information

State of Nebraska Rev. 133A2C4 DEED OF TRUST

State of Nebraska Rev. 133A2C4 DEED OF TRUST State of Nebraska Rev. 133A2C4 DEED OF TRUST This Deed of Trust (this Trust Deed ) is made as of the 17 day of January, 2018 (the Effective Date ) by and among Lisa R Villa, an individual located at 1877

More information

Mezzanine Financing Endorsements to Title and UCC Insurance Policies

Mezzanine Financing Endorsements to Title and UCC Insurance Policies Mezzanine Financing Endorsements to Title and UCC Insurance Policies By John C. Murray 2003 As a result of the increased securitization of real estate and the packaging of pools of loans for sale into

More information

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of May [23], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I,

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of May [23], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, AUTHORITY PSL ACCOUNT AGREEMENT dated as of May [23], 2018 made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, RAIDERS FOOTBALL CLUB, LLC, as Servicer (as and to the extent described herein)

More information

FORMULARY INTERCREDITOR SUBORDINATION AGREEMENTS

FORMULARY INTERCREDITOR SUBORDINATION AGREEMENTS FORMULARY INTERCREDITOR SUBORDINATION AGREEMENTS Materials Prepared By: R. Marshall Grodner 14 th Floor, One American Place Baton Rouge LA 70825 Telephone: (225) 383-9000 Facsimile: (225) 343-3076 E-mail:

More information

LOAN SERVICING AND EQUITY INTEREST AGREEMENT

LOAN SERVICING AND EQUITY INTEREST AGREEMENT LOAN SERVICING AND EQUITY INTEREST AGREEMENT THIS LOAN SERVICING AND EQUITY INTEREST AGREEMENT ( Agreement ) is made as of, 20 by and among Cushman Rexrode Capital Corporation, a California corporation

More information

ALON USA ENERGY, INC. (Exact Name of Registrant as Specified in Charter)

ALON USA ENERGY, INC. (Exact Name of Registrant as Specified in Charter) UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) of the Securities Exchange Act of 1934 Date of report (Date of earliest event

More information

THE HUMAN EXPERIENCE, INC. CONVERTIBLE PROMISSORY NOTE

THE HUMAN EXPERIENCE, INC. CONVERTIBLE PROMISSORY NOTE THIS NOTE AND THE SECURITIES ISSUABLE UPON CONVERSION HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR UNDER THE PROVISIONS OF ANY APPLICABLE STATE

More information

CONVERTIBLE PROMISSORY NOTE

CONVERTIBLE PROMISSORY NOTE CONVERTIBLE PROMISSORY NOTE THIS CONVERTIBLE PROMISSORY NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE ACT ), OR UNDER ANY STATE SECURITIES LAW AND MAY NOT BE PLEDGED, SOLD,

More information

RECORDING COVER SHEET. Title of Document: Date of Document: Grantors: Grantee(s): Mailing Address(es): Reference Book and Page: Doc.

RECORDING COVER SHEET. Title of Document: Date of Document: Grantors: Grantee(s): Mailing Address(es): Reference Book and Page: Doc. RECORDING COVER SHEET Title of Document: Date of Document: Grantors: Grantee(s): Mailing Address(es): Legal Description: See Exhibit A Reference Book and Page: Doc. # Book at Page DEED OF TRUST THIS DEED,

More information

PERFORMANCE AGREEMENT (Loan)

PERFORMANCE AGREEMENT (Loan) PERFORMANCE AGREEMENT (Loan) This Performance Agreement (this Agreement ) is made and entered into this, by and among the TOBACCO REGION REVITALIZATION COMMISSION, a body corporate and political subdivision

More information

Apollo Medical Holdings, Inc.

Apollo Medical Holdings, Inc. SECURITIES & EXCHANGE COMMISSION EDGAR FILING Apollo Medical Holdings, Inc. Form: 8-K Date Filed: 2017-02-13 Corporate Issuer CIK: 1083446 Copyright 2017, Issuer Direct Corporation. All Right Reserved.

More information

Application for License, Permit and Miscellaneous Bonds BOND INFORMATION

Application for License, Permit and Miscellaneous Bonds BOND INFORMATION Surety Group Application for License, Permit and Miscellaneous Bonds A BOND INFORMATION Bond Number: TYPE OF BOND BOND AMOUNT REQUESTED EFFECTIVE DATE BOND TO BE FILED WITH (OBLIGEE) ADDRESS OF OBLIGEE

More information

DELAWARE STATE HOUSING AUTHORITY SECOND MORTGAGE ASSISTANCE LOAN ("SMAL") PROGRAM MORTGAGE NOTE

DELAWARE STATE HOUSING AUTHORITY SECOND MORTGAGE ASSISTANCE LOAN (SMAL) PROGRAM MORTGAGE NOTE DELAWARE STATE HOUSING AUTHORITY SECOND MORTGAGE ASSISTANCE LOAN ("SMAL") PROGRAM MORTGAGE NOTE U.S. $, Delaware, 20 FOR VALUE RECEIVED, ("Borrower") promise to pay to the order of DELAWARE STATE HOUSING

More information

CONTINUING UNCONDITIONAL GUARANTY (Corporate Guarantor) WHEREAS, ECHO BRIDGE ENTERTAINMENT, LLC, a Delaware limited liability

CONTINUING UNCONDITIONAL GUARANTY (Corporate Guarantor) WHEREAS, ECHO BRIDGE ENTERTAINMENT, LLC, a Delaware limited liability 13 The indebtedness evidenced by this instrument is subordinated to the prior payment in full of the Senior Indebtedness (as defined in the Intercreditor and Subordination Agreement hereinafter referred

More information

SUBORDINATION AGREEMENT (Mortgage Lienholder)

SUBORDINATION AGREEMENT (Mortgage Lienholder) SUBORDINATION AGREEMENT (Mortgage Lienholder) THIS AGREEMENT is entered into on, 200_ by and between [Name of Mortgagee] ( Subordinated Lienholder ) and Public Service Electric and Gas Company or its subsidiary

More information

SECOND SUPPLEMENTAL TRUST INDENTURE BETWEEN WEST VILLAGES IMPROVEMENT DISTRICT AND U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE. Dated as of 1, 2017

SECOND SUPPLEMENTAL TRUST INDENTURE BETWEEN WEST VILLAGES IMPROVEMENT DISTRICT AND U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE. Dated as of 1, 2017 SECOND SUPPLEMENTAL TRUST INDENTURE BETWEEN WEST VILLAGES IMPROVEMENT DISTRICT AND U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Dated as of 1, 2017 41995858;1 Page 87 TABLE OF CONTENTS This Table of Contents

More information

AMERICAN EXPRESS CREDIT ACCOUNT MASTER TRUST

AMERICAN EXPRESS CREDIT ACCOUNT MASTER TRUST AMERICAN EXPRESS CREDIT ACCOUNT MASTER TRUST RECEIVABLES PURCHASE AGREEMENT between AMERICAN EXPRESS BANK, FSB and AMERICAN EXPRESS RECEIVABLES FINANCING CORPORATION IV LLC Dated as of April 16, 2004 DOCSNY1:1033088.4

More information

PROJECT IMPLEMENTATION AGREEMENT September 1, 2009

PROJECT IMPLEMENTATION AGREEMENT September 1, 2009 PROJECT IMPLEMENTATION AGREEMENT September 1, 2009 This Project Implementation Agreement (this "Agreement") is entered into as of, 20, by and between the Climate Action Reserve, a California nonprofit

More information

STARTUPCO LLC MEMBERSHIP INTEREST SUBSCRIPTION AGREEMENT

STARTUPCO LLC MEMBERSHIP INTEREST SUBSCRIPTION AGREEMENT STARTUPCO LLC MEMBERSHIP INTEREST SUBSCRIPTION AGREEMENT This MEMBERSHIP INTEREST SUBSCRIPTION AGREEMENT (the "Agreement") is entered into by and between STARTUPCO LLC, a limited liability company (the

More information

Termination Agreement (Credit Facility)

Termination Agreement (Credit Facility) Termination Agreement (Credit Facility) Document 1435A Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc. nor any of the providers of information

More information

REVOLVING CREDIT AGREEMENT

REVOLVING CREDIT AGREEMENT REVOLVING CREDIT AGREEMENT THIS REVOLVING CREDIT AGREEMENT, (this Agreement ) is made as of December 10, 2015, between NAVIENT CORPORATION, a Delaware corporation (the Lender ) and SLC Student Loan Trust

More information

LOAN AGREEMENT BY AND BETWEEN NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND [NAME OF BORROWER] DATED AS OF [DATE OF LOAN CLOSING]

LOAN AGREEMENT BY AND BETWEEN NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND [NAME OF BORROWER] DATED AS OF [DATE OF LOAN CLOSING] [SFY 2017 DIRECT LOAN - MASTER TRUST LOAN AGREEMENT - PRINCIPAL FORGIVENESS/NANO - PRIVATE FORM] LOAN AGREEMENT BY AND BETWEEN NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND [NAME OF BORROWER] DATED

More information

RENOVATION LOAN AGREEMENT

RENOVATION LOAN AGREEMENT THIS IS A MODEL DOCUMENT FOR USE IN FANNIE MAE RENOVATION LOAN TRANSACTIONS. THIS FORM IS PROVIDED AS AN EXAMPLE AND HAS NOT BEEN EVALUATED FOR VALIDITY AND ENFORCEABILITY IN ANY JURISDICTION. LENDERS

More information

NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR LEASEHOLDS

NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR LEASEHOLDS NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR LEASEHOLDS THE SECURITY INSTRUMENT, AS AMENDED BY THIS RIDER, ENCUMBERS (OR ATTACHES TO) YOUR LEASEHOLD INTEREST ON INDIAN TRUST LAND OR RESTRICTED

More information

PARTICIPATING LOAN DOCUMENTS

PARTICIPATING LOAN DOCUMENTS PARTICIPATING LOAN DOCUMENTS By Carl J. (Kim) Seneker II Morrison & Foerster LLP San Francisco, California Copyright 1994 Morrison & Foerster Promissory Note Secured by Deed of Trust LOAN NO., CALIFORNIA

More information

$ LAKE COUNTY, FLORIDA INDUSTRIAL DEVELOPMENT REVENUE BONDS (CRANE S VIEW LODGE PROJECT) SERIES 2012 BOND PURCHASE AGREEMENT.

$ LAKE COUNTY, FLORIDA INDUSTRIAL DEVELOPMENT REVENUE BONDS (CRANE S VIEW LODGE PROJECT) SERIES 2012 BOND PURCHASE AGREEMENT. EXHIBIT "B" PSW Draft #1 $ LAKE COUNTY, FLORIDA INDUSTRIAL DEVELOPMENT REVENUE BONDS (CRANE S VIEW LODGE PROJECT) SERIES 2012 BOND PURCHASE AGREEMENT November, 2012 Lake County, Florida Tavares, Florida

More information

VDOT FUNDING AGREEMENT

VDOT FUNDING AGREEMENT EXECUTION COPY VDOT FUNDING AGREEMENT This VDOT Funding Agreement (this Agreement ), dated as of December 19, 2007, is entered into by and among the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of

More information

LOAN SERVICING AND TENANCY IN COMMON AGREEMENT

LOAN SERVICING AND TENANCY IN COMMON AGREEMENT LOAN SERVICING AND TENANCY IN COMMON AGREEMENT THIS LOAN SERVICING AND TENANCY IN COMMON AGREEMENT ( Agreement ) is made as of, 2008 by and among Blackburne & Brown Mortgage Company, Inc. ( Servicer ),

More information

BACKGROUND. To induce Creditor to extend the Loan, Creditor has required the execution of this Agreement by Debtor.

BACKGROUND. To induce Creditor to extend the Loan, Creditor has required the execution of this Agreement by Debtor. SECURITY AGREEMENT THIS SECURITY AGREEMENT (this Agreement ) is made this day of March, 2015, by Manny Green ( Debtor ) in favor of Downright Good Investments, LLC ( Creditor ). BACKGROUND Creditor has

More information

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of [[ ]May [23], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I,

AUTHORITY PSL ACCOUNT AGREEMENT. dated as of [[ ]May [23], made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, AUTHORITY PSL ACCOUNT AGREEMENT dated as of [[ ]May [23], 2018 made by and among CLARK COUNTY STADIUM AUTHORITY, FINANCING TRUST I, RAIDERS FOOTBALL CLUB, LLC, as Servicer (as and to the extent described

More information

INTERCREDITOR AGREEMENT. by and between [ ] as Senior Lender. and [ ] as Mezzanine Lender. Dated as of, 20

INTERCREDITOR AGREEMENT. by and between [ ] as Senior Lender. and [ ] as Mezzanine Lender. Dated as of, 20 INTERCREDITOR AGREEMENT by and between [ ] as Senior Lender and [ ] as Mezzanine Lender Dated as of, 20 Premises: 445805.6.02 INTERCREDITOR AGREEMENT THIS INTERCREDITOR AGREEMENT (this Agreement ), dated

More information

NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR ASSIGNMENTS

NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR ASSIGNMENTS NATIVE AMERICAN HOUSING SECURITY INSTRUMENT RIDER FOR ASSIGNMENTS The Security Instrument, as amended by this Rider, encumbers (or attaches to), your Land Assignment interest on the Reservation. The Security

More information

SECURITY/LIEN AGREEMENT INSTALLATION OF REQUIRED IMPROVEMENTS

SECURITY/LIEN AGREEMENT INSTALLATION OF REQUIRED IMPROVEMENTS Return recorded copy to: Broward County Highway Construction & Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324-2038 Document prepared by: NOTICE: PURCHASERS, GRANTEES, HEIRS,

More information

APPLICATION FOR PARTICIPANT LOAN

APPLICATION FOR PARTICIPANT LOAN APPLICATION FOR PARTICIPANT LOAN Name of Applicant: Address: Company: Sample Company, Inc. Plan # 001 Requested Loan Amount [ ] $ [ ] The Maximum nontaxable amount available Desired Term Of Loan months

More information

[MASTER ESCROW AGREEMENT - AUTHORITY FORM] ESCROW AGREEMENT. by and among NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST,

[MASTER ESCROW AGREEMENT - AUTHORITY FORM] ESCROW AGREEMENT. by and among NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, Resolution No 14-64, Exhibit B2 [MASTER ESCROW AGREEMENT - AUTHORITY FORM] ESCROW AGREEMENT by and among NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, THE STATE OF NEW JERSEY, acting by and through the

More information

/05/ Applicability.

/05/ Applicability. 4060 03/05/2018 Master Securities Lending Agreement for Interactive Brokers LLC Fully-Paid Lending Program This Master Securities Lending Agreement ("Agreement") is entered into by and between Interactive

More information