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AgdaPkt 2020-04-13 Joint SA PFA
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AgdaPkt 2020-04-13 Joint SA PFA
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Last modified
10/1/2020 10:06:31 AM
Creation date
4/9/2020 4:56:17 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
4/13/2020
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6.A. - Page 47 of 66 <br />"Default Notice" means: (a) a copy of the written notice from the Senior Lender to the <br />Borrower stating that a Senior Loan Default has occurred under the Senior Loan; or (b) a copy of <br />the written notice from the Subordinate Lender to the Borrower stating that a Subordinate Loan <br />Default has occurred under the Subordinate Loan. Each Default Notice shall specify the default <br />upon which such Default Notice is based. <br />"Owner Participation Agreement" means that Owner Participation Agreement by and <br />between the City of Redwood City, the Redevelopment Agency of the City of Redwood City and <br />Prior Owner, dated December 1, 2003, and recorded in the Official Records as Document No. <br />2003-350637, as the same may be amended from time to time in accordance with the terms <br />hereof by an instrument recorded in the Official Records. <br />"Person" means an individual, estate, trust, partnership, corporation, limited liability <br />company, limited liability partnership, governmental department or agency or any other entity <br />which has the legal capacity to own property. <br />"Senior Lender" means the Person named as such in the first paragraph on page 1 of this <br />Agreement, its successors and assigns, and any other Person who becomes the legal holder of the <br />Senior Note after the date of this Agreement. <br />"Senior Loan Default" means the occurrence of an "Event of Default" as that term is <br />defined in the Senior Loan Documents. <br />"Senior Loan Documents" means the Senior Note, the Senior Security Instrument, and <br />all other documents evidencing, securing or otherwise executed and delivered in connection with <br />the Senior Loan. <br />"Subordinate Lender" means the Person named as such in the first paragraph on page 1 <br />of this Agreement and any other Person who becomes the legal holder of the Subordinate Note <br />after the date of this Agreement. <br />"Subordinate Loan Default" means a default by the Borrower in performing or <br />observing any of the terms, covenants or conditions in the Subordinate Loan Documents to be <br />performed or observed by it, which continues beyond any applicable period provided in the <br />Subordinate Loan Documents for curing the default. <br />"Subordinate Loan Documents" means the Subordinate Note, the Subordinate Security <br />Instrument, the Owner Participation Agreement, the Covenants and all other documents <br />evidencing, securing or otherwise executed and delivered in connection with the Subordinate <br />Loan. <br />"Subordinate Note" means the promissory note made by Prior Owner to the Subordinate <br />Lender, or order, to evidence the Subordinate Loan. <br />"Subordinate Security Instrument" means that certain Deed of Trust with Assignment <br />of Rents dated December 22, 2003, by Prior Owner, as trustor to Old Republic Title Company, a <br />California corporation, as trustee, for the benefit of Subordinate Lender and recorded in the <br />Official Records as Document No. 2003-350640 on December 22, 2003, as the same may be <br />03-30-2020 PR <br />ATTY/AGR.2020.060/KDF Communities / Citibank (Page 4 of 21) 201 <br />
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