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Fully Executed - Recorded Document
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04. April
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2026-04-21 10:00 AM - Commissioners' Agenda
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Fully Executed - Recorded Document
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Last modified
7/16/2026 1:06:14 PM
Creation date
7/16/2026 1:05:43 PM
Metadata
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Meeting
Date
4/21/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve Amendment 4 - HopeSource-CIP (Teanaway Court/Cle Elum Build)
Order
11
Placement
Consent Agenda
Row ID
143720
Type
Agreement
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the Senior Lender under its Senior Loan Documents or to cure defaults under <br />the Subordinate Loan Documents, or (ii) that impacts or conflicts with the <br />affordable housing requirements of another Lender's Loan Documents. <br />6. DEFAULT UNDERLOAN DOCUMENTS. <br />a. For a period of ninety (90) days following delivery to the Senior Lender of an <br />Enforcement Action Notice, the Senior Lender shall have the right to cure any <br />Subordinate Loan Default, provided if such Subordinate Loan Default is a non- <br />monetary default that is capable of cure by the Senior Lender but is not capable <br />of being cured within such ninety (90) day period and the Senior Lender has <br />commenced and is diligently pursuing such cure to completion, the period for <br />cure shall be extended for such additional period of time, not to exceed one year, <br />as may be required to cure such Subordinate Loan Default or until such earlier <br />time, if any, as (i) the Senior Lender discontinues its pursuit of any cure and/or <br />(ii) the Senior Lender delivers to the Subordinate Lender the Senior Lender's <br />written consent to an Enforcement Action. No Senior Lender shall have any <br />obligation whatsoever to cure any Subordinate Loan Default. No Senior Lender <br />shall be subrogated to the rights ofthe Subordinate Lender under the Subordinate <br />Loan Documents by reason of the Senior Lender having cured any Subordinate <br />Loan Default. However, the Subordinate Lender acknowledges that all amounts <br />advanced or expended by the Senior Lender in accordance with its Senior Loan <br />Documents to cure a Subordinate Loan Default shall be added to and become a <br />part ofthe Senior Indebtedness and shall be secured by the lien ofthe SeniorDeed <br />of Trust. <br />b. The Senior Lender shall deliver to the Subordinate Lender a copy of any notice <br />sent by such Senior Lender to the Partnership of a Senior Loan Default within <br />five (5) business days of sending such notice to the Partnership. Failure of the <br />Senior Lender to send notice to the Subordinate Lender shall not prevent the <br />exercise of the Senior Lender's rights and remedies under the Senior Loan <br />Documents. The Subordinate Lender shall have the right, but not the obligation, <br />to cure any monetary Senior Loan Default within thirty (30) days following the <br />date of such notice; provided, however, that the Senior Lender shall be entitled <br />during such 30-day period to continue to pursue its remedies under the Senior <br />Loan Documents. The Subordinate Lender may have up to ninety (90) days <br />from the date of the notice to cure a non-monetary Senior Loan Default if during <br />such 90-day period the Subordinate Lender keeps current all payments required <br />by the Senior Loan Documents. In the event that such a non-monetary Senior <br />Loan Default creates an unacceptable level of risk relative to the Property, or the <br />Senior Lender's secured position relative to the Property, as determined by the <br />Senior Lender in its sole discretion, then the Senior Lender may exercise during <br />such 90-day period all available rights and remedies to protect and preserve the <br />Property and the Rents, revenues and other proceeds from the Property. Neither <br />Subordinate Lender, nor the Sponsor shall be subrogated to the rights of the <br />Priority and Subordination Agreement 17 Teanawav Court
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