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ARA1990-28RESOLUTION NO. ARAg0-28 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN SUBORDINATION AGREEMENTS FOR FIRST TIME HOMEBUYER DOWN PAYMENT ASSISTANCE PROGRAM WHEREAS, the Anaheim Redevelopment Agency (the "Agency") has established the First Time Homebuyers Down Payment Assistance Program (the "Program") to assist persons of low and moderate income to purchase homes at an affordable cost in certain areas of the City of Anaheim; and WHEREAS, pursuant to the Program, the Agency has agreed to make certain loans to first time homebuyers, has required a deed of trust (the 'Agency Deed of Trust') to be executed in 'favor of the Agency to secure such loans and has required the execution and recording of a declaration of covenants, conditions and restrictions (the 'CC&Rs') to be placed against the property to be purchased by the first time homebuyer; and WHEREAS, the Agency has found that home mortgage lending institutions in the community are unwilling to make loans to participants in the Program unless the CC&Rs and the Agency Deed of Trust are subordinated to the first deeds of trust to be obtained by such lenders; and WHEREAS, the Agency finds'that an economically feasible alternative method of financing, refinancing or assisting properties pursuant to the Program on substantially comparable terms and conditions, but without subordination, is not reasonably available; and WHEREAS, the Agency finds that it will obtain written commitments from such lenders reasonably designed to protect the Agency's investment, including the Agency's right to cure in the event of a default under loans to which the provisions of the Agency Deed of Trust and the CC&Rs are subordinate; NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency that the Executive Director of the Agency or her designee is authorized to execute all documents and take all other actions necessary to subordinate the Agency Deed of Trust and the CC&Rs to those first deeds of trust encumbering that real property to be purchased by participants of the First Time Homebuyers Down Payment Assistance Program. PASSED, 'APPROVED AND ADOPTED THIS 25th DAY OF September , 1990. AYES - NOES ' ABSENT: ABSTAIN' ATTEST' Agency Secretary ~alrman / -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA90-28 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 25th day of September, 1990, by the following vote of the members thereof: AYES' AGENCY MEMBERS' Dally, Ehrle, Kaywood, Pickler and Hunter NOES' AGENCY MEMBERS' None ABSENT' AGENCY MEMBERS' None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 27th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of September, 1990. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY ( SEAL)