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Boulevard, Mounds View MHFA Dev. #8022 <br />Master Subordination Agreement 5 12/03/2018 <br />(Ver. 11/20/2017) <br />Liens and Encumbrances <br />Created by the Loan Documents <br />and Holder of Liens and <br />Encumbrances Created by the <br />Loan Documents <br /> <br />Priority <br />MHFA HRS FFB Loan <br />Documents <br />MHFA First <br />MHFA FFCC Loan Documents MHFA Second <br />City Loan Documents City Third <br />HRA Loan Documents <br /> <br />HRA <br /> <br />Fourth <br /> <br />(b) Tax Credit Declaration. The parties acknowledge that the Development is <br />intended to receive the benefits of Low Income Housing Tax Credits (the “Credits”) <br />pursuant to Section 42 of the Internal Revenue Code (“Section 42”) and that it is a <br />condition of the receipt of the Credits that Borrower file a Declaration of Land Use <br />Restrictive Covenants for Low-Income Housing Credits (the “Tax Credit Declaration”) <br />substantially in the form attached to this Agreement as Exhibit G. The parties consent to <br />the terms of the Tax Credit Declaration as required by Section 2(c) of the Tax Credit <br />Declaration and agree that the Tax Credit Declaration is subordinate to each of their <br />Loans and the related Loan Documents, except to the extent required by Section 9(d) of <br />the Tax Credit Declaration (relating to the three-year vacancy control during the extended <br />use period). <br /> <br />(c) Use Agreement. The parties acknowledge that the Development is <br />intended to receive a project-based rent assistance subsidy through the Section 811 <br />Project Rental Assistance Demonstration Program (the “811 Subsidy”) and that it is a <br />condition of the receipt of the 811 Subsidy that Borrower file a Use Agreement (the “Use <br />Agreement”) substantially in the form attached hereto as Exhibit H. The parties consent <br />to the terms of the Use Agreement and agree that the Use Agreement is subordinate to <br />each of their Loans and the related Loan Documents. <br /> <br /> <br />5. Collection of Payments. The parties agree that MHFA will collect one Annual <br />Payment, as defined in the Flexible Financing for Capital Costs Program Mortgage Note (the “ <br />FFCC Note”), on behalf of the Subordinate Lenders (as defined in the FFCC Note). MHFA will <br />apply its Allocable Portion (as defined in the FFCC Note) as payment on the FFCC Note, and <br />will forward the remaining Allocable Portion to the Subordinate Lenders as payment on the <br />Subordinate Notes (as defined in the FFCC Note). <br /> <br />6. Interpretation. The parties are entering into and executing this Agreement in order <br />to establish the subordination and priority of the Loan Documents and any liens and <br />encumbrances created by the Loan Documents, and, accordingly, the parties agree, understand, <br />and acknowledge that the enforceability of this Agreement is not, and will not be, restricted, <br />limited, or impaired by the fact that not all of the parties to this Agreement are signatories to <br />each or any of the Loan Documents. <br />