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Inst 2006181154
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Inst 2006181154
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12/22/2010 5:05:58 PM
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12/22/2010 5:05:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/3/2006
Recorded Document Type
Subordination
Retention
PERM
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Defaulted Lender under this Agreement or any of such Defaulted Lender's loan <br /> documents. <br /> (iv) With respect to the exercise of the cure rights provided above, the following <br /> shall apply: <br /> (1) Each Notice Party, whether Senior Lienholder or Subordinate <br /> Lienholder, shall have the right, but not the obligation, to elect to cure the noticed <br /> default(s) or Event(s) of Default (the "Noticed Defaults ") by giving the Defaulted <br /> Lender written notice of its intention to cure the Noticed Defaults within the <br /> ninety (90) day cure period described above (the "Cure Period ") and thereafter <br /> curing all Noticed Defaults within the Cure Period. <br /> (2) If a cure of all the Noticed Defaults is completed within the Cure <br /> Period, the Defaulted Lender will rescind any notice of default recorded and <br /> request dismissal of any receiver who has been appointed, after reimbursement of <br /> all of Defaulted Lender's costs, including, without limitation, reasonable <br /> attorneys' fees and costs. <br /> (3) Following the timely cure of all Noticed Defaults by a Notice Party, <br /> the Defaulted Lender will not exercise its right to accelerate (or will de- accelerate) <br /> the amounts due under the Defaulted Lender's loan documents by reason of the. <br /> Noticed Defaults cured by such Notice Party; provided, however, that nothing <br /> herein shall be construed to waive or limit any of Defaulted Lender's rights or <br /> remedies as to any uncured Noticed Default, or any subsequent default by Owner. <br /> (4) Nothing in this Paragraph (iv) is intended to limit or modify any <br /> covenant, term, or condition contained in Senior Lienholder Documents or the <br /> Subordinate Lienholder Documents, including, without limitation, any covenant <br /> against creating or recording any liens or encumbrances against the Property <br /> without Senior Lienholder's or Subordinate Lienholder's prior written approval, as <br /> applicable, and any acceleration clause in the Senior Lienholder Documents or the <br /> Subordinate Documents. Nothing in this Paragraph (i) is intended to diminish the <br /> rights of Lenders pursuant to California Civil Code Section 2924b, or to diminish <br /> the rights of ajunior lienholder to receive notice under applicable law. <br /> (v) If following the occurrence of a default under the Senior Lienholder <br /> Documents but prior to any foreclosure or deed in lieu of foreclosure under the Senior <br /> Lienholder Documents, Subordinate Lienholder takes title to or possession of the <br /> Property and cures all outstanding defaults under the Senior Lienholder Documents, <br /> Senior Lienholder hereby agrees not to exercise any rights Senior Lienholder may have <br /> under the Senior Lienholder Documents to declare a default and accelerate the Senior <br /> Lienholder Loan that arise solely as a result of the transfer of title or possession of the <br /> Property to Subordinate Lienholder (or, if Senior Lienholder has already accelerated the <br /> Senior Lienholder Loan, Senior Lienholder hereby agrees that Senior Lienholder will <br /> reinstate the Senior Lienholder Loan at that time) and Senior Lienholder shall permit the <br /> transfer of the entire Property to Subordinate Lienholder subject to the Senior Lienholder <br /> Documents if and only if each and all of the following conditions have been satisfied in <br /> C: \Documents and Settings \iliao\Local Settings \Temporary Internet Files \0LK49\SLO - Mission Bell Final Subordination Agreement Fremont <br /> Bank. DOC <br />
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