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HomeMy WebLinkAbout25999AGREEMENT INFORMATION AGREEMENT NUMBER 25999 NAME/TYPE OF AGREEMENT FLORIDA HOUSING FINANCE CORPORATION, CARRFOUR SUPPORTIVE HOUSING, INC., MIAMI-DADE COUNTY & VILLA AURORA, LLLP. DESCRIPTION 2ND AMENDED & RESTATED SUBORDINATION AGREEMENT/REHABILITATION OF A RENTAL PROJECT 1398 SW 1 ST, MIAMI, FL 33135/MATTER ID: 23-2501/#24 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 2/25/2026 DATE RECEIVED FROM ISSUING DEPT. 3/3/2026 NOTE THIS INSTRUMENT PREPARED BY AND RETURN TO: Jan Albanese Carpenter, Esq. Latham, Luna, Eden & Beaudine, LLP P.O. Box 3353 Orlando, Florida 32802-3353 a5(Acicl ABOVE SPACE RESERVED FOR RECORDING PURPOSES ONLY SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) This Subordination Agreement amends and restates in its entirety that certain Subordination Agreement (3rd, 4th & 5th Mortgages) dated as of December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1390, of the Public Records of Miami -Dade County, Florida and that certain Amended and Restated Subordination Agreement dated as of September 23, 2010 and recorded October 7, 2010 in Official Records Book 27448, Page 1871, of the Public Records of Miami -Dade County, Florida.. THIS SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (this "Agreement") is made and entered into as of , 2026, by and among (i) FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida (together with its successors and assigns, the "Senior Mortgagee"), (ii) CARRFOUR SUPPORTIVE HOUSING, INC., a Florida non-profit corporation ("Carrfour"), in its capacity as, second mortgage lender of HOME funds, and MIAMI-DADE COUNTY, a political subdivision of the State of Florida ("Miami -Dade County"), as assignee of the Second Mortgage (Carrfour and Miami -Dade County are collectively the "Second Mortgagee"), (iii) CARRFOUR, in its capacity as third mortgage lender of HUD Supportive Housing Program funds (the "Third Mortgagee"), (iv) CARRFOUR, in its capacity as fourth mortgage lender to Villa Aurora, Inc., a Florida non- profit corporation and Borrower, and City of Miami, a municipal corporation of the State of Florida ("City of Miami"), as assignee of the Fourth Mortgage (Carrfour and City of Miami are collectively the "Fourth Mortgagee"), (v) VILLA AURORA, INC., a Florida non-profit corporation, in its capacity as fifth mortgage lender of HUD Capacity Building 7-Grant funds (the "Fifth Mortgagee"), and (vi) CITY OF MIAMI, a Florida municipal corporation, in its capacity as sixth mortgage lender of CDBG Funds (the "Sixth Mortgagee", and together with the Second Mortgagee, the Third Mortgagee, the Fourth and the Fifth Mortgagee, referred to Second A&R Subord Agt Villa Aurora (SAIL) collectively herein as the "Subordinate Mortgagee"); and (iii) VILLA AURORA, LLLP, a Florida limited liability limited partnership (the "Borrower"). RECITALS A. Borrower executed and delivered to Carrfour a Promissory Note dated December 4, 2007 (the "Second Mortgage Note") in the original principal amount of $899,489 evidencing a re -loan of funds under the HOME Program from Miami -Dade County to Carrfour (the "Second Mortgage Loan") secured by that certain Leasehold Mortgage and Security Agreement dated December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1321, as collaterally assigned to Miami -Dade County by that certain Collateral Assignment of Note and Security Documents from Carrfour to Miami -Dade County, dated December 4, 2007 and recorded December 5, - 2007 in Official Records Book 26089, Page 1355, as affected-- by Subordination Agreement dated December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1390, and Partial Release of Mortgage and Other Loan Documents dated July 16, 2009 and recorded on August 20, 2009 in Official Records Book 26985, Page 2652, as amended by an Amended and Restated Mortgage and Security Agreement dated as of September 23, 2010 and recorded on October 7, 2010 in Official Records Book 27448, Page 1838, as affected by Amended and Restated Subordination Agreement dated September 23, 2010 and recorded on October 7, 2010 in Official Records Book 27448, Page 1871, all of the Public Records of Miami -Dade County, Florida. The aforesaid Mortgage encumbers Borrower's leasehold interest in the real property described in Exhibit "A" attached hereto and made a part hereof, the improvements thereon, and certain personal property relating thereto (collectively, the "Development"). The aforesaid Second Mortgage Note and the Mortgage in favor of the Second Mortgagee are collectively referred to as the "Second Mortgage." B. Borrower executed and delivered to Carrfour a Promissory Note dated December 4, 2007 (the "Third Mortgage Note") in the original principal amount of $375,000 evidencing a loan under the U.S. HUD Supportive Housing Program from the Miami -Dade County Homeless Trust (the "Third Mortgage Loan") secured by that certain Leasehold Mortgage (SHP) dated December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1360, as affected by Subordination Agreement dated December 4, 2007 and recorded December 5, 2007: in Official Records Book 26089, Page 1390, and Partial Release of Mortgage dated August 11, 2_009 and recorded on August 20, 2009 in Official' Records Book 26985, Page 2656 ' as' t- amended by an Ainended and Restated Leasehold Mortgagedated a=of September=23 201b=arid recorded on October 7, 2010 in Official Records Book 27448, Page I860, as affected by Amended and Restated Subordination Agreement dated September 23, 2010 and recorded on October 7, 2010 in Official Records Book 27448, Page 1871, all of the Public Records of Miami - Dade County, Florida, which mortgage also encumbers the Development. The aforesaid Third Mortgage Note and the mortgage in favor of the Third Mortgagee are collectively referred to as the "Third Mortgage." C. Borrower and Villa Aurora, Inc. collectively executed and delivered to Carrfour Promissory Note dated September 23, 2010 (the "Fourth Mortgage Note") in the original principal amount of $646,000 evidencing a re -loan of funds ("Fourth Mortgage Loan") secured Second A&R Subord Agt Villa Aurora (SAIL) 2 by that certain Leasehold Mortgage and Security Agreement dated September 23, 2010 and recorded October 7, 2010 in Official Records Book 27448, Page 1884, as collaterally assigned to City of Miami by that certain Collateral Assignment of Leasehold Mortgage and Other Loan Documents dated September 23, 2010 and recorded October 7, 2010 in Official Records Book 27448, Page 1916, both of the Public Records of Miami -Dade County, Florida, which mortgage also encumbers the Development. D. Borrower executed and delivered to the Fifth Mortgagee a Promissory Note dated December 4, 2007 (the "Fifth Mortgage Note") in the original principal amount of $50,000 evidencing a loan under the U.S. HUD Capacity Building 7-Grant funds from The Enterprise Foundation, Incorporated (the "Fifth Mortgage Loan") secured by that certain Leasehold Mortgage (Enterprise) dated December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1366, as affected by Subordination Agreement dated December 4, 2007 ,,and recorded December 5, 2007 in Official Records Book 26089, Page 1390, and Partial Release of Mortgage dated August 11, 2009 and recorded on August 20, 2009 in Official Records Book 26985, Page 2659, and as affected by Amended and Restated Subordination Agreement dated September 23, 2010 and recorded on October 7, 2010 in Official Records Book 27448, Page 1871, all of the Public Records of Miami -Dade County, Florida, which Mortgage also encumbers the Development. The aforesaid Fifth Mortgage Note and the Mortgage in favor of the Fifth Mortgagee are collectively referred to as the "Fifth Mortgage." E. Borrower executed and delivered to the Sixth Mortgagee a Promissory Note (CDBG Funds) dated of even date herewith (the "Sixth Mortgage Note") in the original principal amount of $800,000 in Community Development Block Grant Program ("CDBG") funds (the "Sixth Mortgage Loan") secured by that certain Leasehold Mortgage and Security Agreement dated of even date herewith and to be recorded on or about the date hereof in the Public Records of Miami -Dade County, Florida, which Mortgage also encumbers the Development. The aforesaid Sixth Mortgage Note and the Mortgage in favor of Sixth Mortgagee are collectively referred to as the "Sixth Mortgage." Hereinafter, the Second Mortgage Note, the Third Mortgage Note, the Fourth Mortgage Note, the Fifth Mortgage Note and the Sixth Mortgage Note are collectively referred to as the "Subordinate Note;" the Second Mortgage Loan, the Third Mortgage Loan, the Fourth Mortgage Loan, the Fifth Mortgage Loan and the Sixth Mortgage Loan are collectively referred to as the "Subordinate Loan;" and the Second Mortgage, the Third Mortgage, the Fourth Mortgage, the Fifth Mortgage and the Sixth:Mortgage_are, collectively, referred to as the "Subordinate Mortgage." F. Borrower executed and -delivered to Senior Mortgagee a Promissory Note dated December 4, 2007 (the "Senior Note") in the original principal amount of $3,000,000, evidencing a loan under the State Apartment Incentive Loan Program (the "Senior Loan") secured by a Mortgage and Security Agreement dated as of December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1256, as affected by Subordination Agreement dated December 4, 2007 and recorded December 5, 2007 in Official Records Book 26089, Page 1390, as partially released by Partial Release of Mortgage and Other Loan Documents dated July 16, 2009 and recorded on August 20, 2009 in Official Records Book 26985, Page 2649 ("Partial Release"), as amended by an Amended and Restated Mortgage and Security Agreement dated as of September 23, 2010 and recorded on October 7, 2010 in Official Second A&R Subord Agt Villa Aurora (SAIL) 3 Records Book 27448, Page 1803, as affected by Amended and Restated Subordination Agreement dated September 23, 2010 and recorded on October 7, 2010 in Official Records Book 27448, Page 1871, and as further affected by a First Global Modification and Amendment to Florida Housing Finance Corporation SAIL Mortgage and Loan Documents dated as of June 21, 2013 and recorded on June 4, 2014 in Official Records Book 29178, Page 765, all in the Public Records of Miami -Dade County, Florida, which Mortgage also encumbers the Development. Hereinafter, the aforesaid Senior Note and the Mortgage, as affected by the Partial Release, in favor of Senior Mortgagee are collectively referred to as the "Senior Mortgage." G. The parties hereto agree to and confirm the priority of the loans and mortgages as set forth in this agreement as follows: (i) the Senior Mortgage is a first lien priority, (ii) the Second Mortgage is a second lien priority, (iii) the Third Mortgage is a third lien priority, (iv) the Fourth Mortgage is a fourth lien priority, (v) the Fifth Mortgage is a fifth lien priority, and (vi) the Sixth Mortgage is a sixth lien priority. H. The Sixth Mortgagee is willing to subordinate its mortgage to the Senior Mortgage, the Second Mortgage, the Third Mortgage, the Fourth Mortgage and the Fifth Mortgage. AGREEMENT NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, from one to the other paid, the receipt and sufficiency whereof is hereby acknowledged, the parties do hereby agree: 1. Recitals. The Recitals are true and correct and are made a part hereof. 2. Subordination. (a) The Subordinate Mortgage is now and forever hereafter made subordinate and inferior to the Senior Mortgage and to all debt evidenced or secured thereby including principal, interest, costs and expenses, and to any and all extensions, modifications, amendments, enlargements or renewals thereof or future advances made thereunder. Further, the terms of the Subordinate Mortgage and all rights and remedies of the Subordinate_Mortgagee.available to -the Subordinate Mortgagee pursuant to the Subordinate Mortgage; including" but._notlimited_to=the_._" right `to claim or- receive any insurance or condemnation awards or proceeds, are hereby expressly subordinate to the terms of the Senior Mortgage and the rights and remedies of Senior Mortgagee under the Senior Mortgage. (b) The indebtedness of Borrower, and any other obligor pursuant to the Subordinate Note, and any and all other indebtedness and other obligations of Borrower to Subordinate Mortgagee, and the Subordinate Mortgage and all other liens, encumbrances and security interests given to secure the payment of the Subordinate Note and any other obligations of payment or performance of Borrower to Subordinate Mortgagee, whether now existing or hereafter created or acquired, shall be and hereby are subordinated in lien, priority and payment of principal and interest and all other charges and fees, including, without limitation, taxes and Second A&R Subord Agt Villa Aurora (SAIL) 4 insurance premiums paid by Senior Mortgagee and interest accruing after any default or petition in bankruptcy, to the indebtedness of Borrower pursuant to the Senior Note, and all liens, encumbrances and security interests given to secure the payment thereof, whether now existing or hereafter created or acquired, including, without limitation, the Senior Mortgage and to any and all other loans, advances, extensions of credit, or other accommodations to or for the account of Borrower as Senior Mortgagee may elect to make from time to time, and any and all other indebtedness of Borrower to Senior Mortgagee, whether now existing or hereafter created or acquired, and any and all liens, encumbrances, and security interests given to secure the repayment or payment thereof, whether now existing or hereafter created or acquired, and to such renewals and extensions thereof as Senior Mortgagee may elect to make from time to time. 3. Conditions Precedent to Remedial Action. If a default occurs under the Subordinate Mortgage (a "Subordinate Loan Default") and is continuing, the Subordinate Mortgagee agrees that, without Senior Mortgagee's priorwritten-consent, -_it --will_ not -commence. foreclosure proceedings with respect to the Development under the Subordinate Mortgage or exercise any other rights or remedies it may have under the Subordinate Mortgage, including but not limited to accelerating the Subordinate Loan (and enforcing any "due on sale" provision included in the Subordinate Mortgage), collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies thereunder unless and until it has given Senior Mortgagee at least thirty (30) days' prior written notice. Senior Mortgagee shall have the right, but not the obligation, to cure any Subordinate Loan Default within the same time period for curing a default which is given to the Borrower under the Subordinate Loan documents, except that Senior Mortgagee's time period for cure shall begin on the date on which it receives notice of the Subordinate Loan Default. All amounts advanced or expended by Senior Mortgagee to cure a Subordinate Loan Default shall be deemed to have been advanced by Senior Mortgagee pursuant to, and shall be secured by the lien of, the Senior Mortgage. 4. Insurance, Condemnation. In the event of partial or total destruction of the Development which results in the payment of insurance proceeds, or in the event of a condemnation or similar proceeding which results in the payment of an award, the proceeds or award shall be applied in accordance with the relevant provisions of the Senior Mortgage. 5. Modifications to Subordinate Mortgage. Borrower agrees that it will not modify the Subordinate Mortgage. without the prior written.consent.of-Senior-1Vlortgagee:___: 6. Notices: - :Each notice, request, demand;- consent; approval:or : other-- --= := communication (hereinafter in this section referred to collectively as "notices" and referred to singly as a "notice") which the parties hereto are required or permitted to give to the other party pursuant to this Agreement shall be in writing and shall be deemed to have been duly and sufficiently given if: (a) personally delivered with proof of delivery thereof (any notice so delivered shall be deemed to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Second A&R Subord Agt Villa Aurora (SAIL) 5 Service (any notice so sent shall be deemed to have been received two (2) days after mailing in the United States), addressed to the respective parties as follows: Senior Mortgagee: with a copy to: Second Mortgagee: with a copy to: Second ,Third and Fourth Mortgagee: , Carrfour Supportive Housing, Inc. 1398 S.W 1st Street, 12th Floor Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Attention: Executive Director Phone: (850) 488-4197 Fax: (850) 488-9809 Latham, Luna, Eden & Beaudine, LLP 201 South Orange Ave., Suite 1400 Orlando, Florida 32801 Attention:, Jan Albanese Carpenter,Esq. -- __ Phone: (407) 481-5800 Email: Jcarpenter@lathamluna.com Miami -Dade County Housing and Community Development 701 N.W. 1st Court Miami, Florida 33136 Attention: Director Phone: (786) 469-2100 Fax: (786) 469-2170 Miami -Dade County Attorney's Office 111 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attention: Terrence A. Smith, Assistant County Attorney Phone: (305) 375-1322 Fax: (305) 375-5634 with a copy to: Miami, Florida 33135 Attention: Stephanie Berman Phone: (305) 371-8300 Fax: (305) 371-1376 Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Blvd. Miami, Florida 33131 Attention: Robert Cheng, Esq. Second A&R Subord Agt Villa Aurora (SAIL) 6 Phone: (305) 415-9083 Fax: (305) 347-7783 Fifth Mortgagee: Villa Aurora, Inc. c/o Carrfour Supportive Housing, Inc. 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 Attention: Stephanie Berman Phone: (305) 371-8300 Fax: (305) 371-1376 with a copy to: Shutts & Bowen LLP 1500 Miami Center 201 South Biscayne Blvd. Miami, Florida 33131 Attention: Robert Cheng, Esq. Phone: (305) 415-9083 Fax: (305) 347-7783 Sixth Mortgagee: City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Attention: Victor Turner Phone: (305) 416-2080 Fax: 305) 416-2090 with a copy to: City Attorney 444 S.W. 2nd Avenue Miami, Florida 33130 Attention: George K. Wysong III Phone: (305) 416-1800 Fax: (305) 372-4609 Borrower: Villa Aurora, LLLP c/o Carrfour Supportive Housing, Inc. 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 Attention: Stephanie Berman Phone: (305) 371-8300 Fax: (305) 371-1376 Second A&R Subord Agt 7 Villa Aurora (SAIL) with a copy to: Legal Services of Greater Miami, Inc. 4343 West Flagler Street, Suite 100 Miami, Florida 33134 Attn: CED Unit Advocacy Director Phone: (305) 438-2431 Email: wwilson@legalservicesmiami.org Either party may, by notice given pursuant to this Section, change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses for its notices, but notice of a change of address shall only be effective upon receipt. 7. No Waiver. The giving of consent by Senior Mortgagee to the giving of the Subordinate Mortgage is not and shall not be deemed a waiver of Senior Mortgagee's rights to prohibit any other junior mortgage of the Development. No delay on the part of- Senior Mortgagee or Subordinate Mortgagee in the exercise of any right or remedy hereunder or under the Senior Mortgage or Subordinate Mortgage, respectively, shall operate as a waiver of any right hereunder. 8. Counterparts. The parties hereto agree that this Subordination Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 9. Costs of Enforcement. Should suit be brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees incurred both at trial and on appeal. 10. Paragraph Headings. The headings of the various paragraphs of this Subordination Agreement have been inserted only for the purposes of convenience, and are not part of this Subordination Agreement and shall not be deemed in any manner to modify, explain or restrict any of the provisions of this Subordination Agreement. 11. Choice of Law. This Agreement shall be construed, interpreted, enforced and governed by and in accordance with the laws of the State of Florida, excluding the principles thereof governing conflicts. of law. If any provision shall be held _prohibited or invalid _under applicable law, such provision shall be ineffective to the extent of such prohibition or, invalidity without invalidating any other provision- of this Agreement. 12. Binding Effect. This Agreement shall be binding upon the Borrower and the Subordinate Mortgagee and their respective successors and assigns, and shall inure to the benefit of Senior Mortgagee, its successors and assigns. [COUNTERPART SIGNATURE PAGES TO FOLLOW] Second A&R Subord Agt Villa Aurora (SAIL) 8 1111'oui Second A&R Subord Agt Villa Aurora (SAIL) COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL, / 2005-020CS / 2007-004CS) IN WITNESS. WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. WITNESSES: Print. 4114. 3651 Address: 2271Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 Print: \ P71.111 S. !e.el Address: 227 N. Bronough Street, Suite 5000 Tallahassee, FL 32301-1329 SENIOR MORTGAGEE: FLORIDA HOUSING FINANCE CORPORATION By elissa Levy Managing Director of Multifamily Programs Address: 227 N. Bronough St., Suite 5000 Tallahassee, Florida 32301-1329 STATE OF FLORIDA COUNTY OF LEON T11eforegoingiiistitinent was:acknowledged befofe.!Tie ley S( physical;treseiice.or onlinenotarization, this isr.11.day of _.. _ lP41'{, ut. 2025,; by MELISSA LEVY, as Managing Director of Multifamily Programs of the FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the Iaws of the State of Florida, on behalf of Florida Housing. Said person is X personally known to me or — has produced a valid driver's license as identification. Notary Public State of Florida Deborah J Byrd My Commission HH 413498 Expires 6124/2027 caL UHL Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: S-1 COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) IN WITNESS WHEREOF, the parties hereto have executed this ,Agreement as of the day and year first written above. ATTEST: Juan Fernandez-Barquin, Clerk of the Court and Comptroller By: (D ty Clerk Sigpa$ute) Print Name:O gaValVerde - et816.5 .. •' ......... '.•., Name: Date: /0-- 4 --, O a� �-� �': M;•:.�`Ss Title: Address: SUBORDINATE MORTGAGEE/ SECOND MORTGAGEE: MIAMI-DAD ► COUNTY, a political subd ivision o the State of Florida 111 N.W. 1st Street * ?`s Miami, Florida 33128 t C°� TM Z 'qT STATE OF FLORIDA COUNTY OF MIAMI-DADE .......... By: CHIE� MI' 1VIPJY MORALES OPERATING OFFICER I-DADE CO I 1 T Address: 111 N.W. 1st Street Miami, Florida 33128 The foregoing instrument was acknowledged before me by /physical'presence or online notarization, this3*-04 day of 0 c-`-O bee- 2025, by , ,...w.yy Mov- hes , as C o 0 of MIAMI-DADE COUNTY, a political subdivision of the Stath of Florida, and attested to by , of the MIAMI-DADE COUNTY, a political s xbdivision of the State of Florida, each on behalf of Miami -Dade County. Said persons are ersonally known to me or _ has produced a valid driver's license as identification. SHIRLEY L. JONES * Commission # HH 523645 Expires September2, 2028 Approved as form a egal sufficiency: By: Terrence A. Smith Assistant County Attorney Second A&R Subord Agt Villa Aurora (SAIL) Notary Public; StaJ of Florida Print Name: My Commission Expires: I ttSJ--3 My Commission No.: 4 20 5 S-2 COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SUBORDINATE MORTGAGEE/ SIXTH MORTGAGEE: IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: d Hannon, erk Address: 444 S.W. 2nd Avenue Miami, Florida 33130 APPROVED AS TO DEPARTMENTAL REQUIREMENTS: Victor Turner Director of the Department of Housing and Community Development STATE OF FLORIDA COUNTY OF MIAMI-DADE SUBORDINATE LENDER: CITY OF MIAMI, a municipal corporation; f the State of Florida By: Jame • ' - a. Manager Address: 44 .. ' . nue Miami, Florida 33130 APPROVED AS TO FORM AND CORRECTNESS: George $[. Wyso City Attorney 04 23-1Sb The fo ping instrument was acknowledged before me by = physical presence or online notarization, this day of 1,X Cd 2026, by JAMES REYES, as City Manager of CITY OF MIAMI, a municipal corporation of theS`tate of Florida, and att ted to by TODD HANNON, City Clerk of theSITV OF MIAMI, a municipal corporation of the, State of Florida, each on behalf of the City of Miami. Said persons are personally known to me or _ has produced a valid driver's license as identification. SANDRA GILBERT MY COMMISSION # HH 623478 EXPIRES: April 20, 2029 _ .4 , fir- Second A&R Subord Agt Villa Aurora (SAIL) Print Name: My Commission Expires: My Commission No.: S-5 COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ess: 1398 S.W. 1st Street, 12th FL Miami, Florida 33135 L-koe Print: Address: 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 STATE OF FLORIDA COUNTY OF MIAMI-DADE SUBORDINATE MORTGAGEE/ SECOND, THIRD AND FOURTH MORTGAGEE: CARRFOUR SUPPORTIVE HOUSING, INC., a Florida non-profit corporation By: Step anie Berman, President • • ess: 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 [CORPORATE SEAL] The foregoing instrument was acknowledged before me this 441- day of e,6ry , 2025, by STEPHANIE BERMAN, as President of CARRFOUR SUPPORTIVE HOUSING, INC., a Florida non-profit corporation, on behalf of the corporation. Said person is na y mown to met or has produced a valid driver's license as identification. AMANDA 4EF :.4 i Notary Puoiic • State of Florida 41`....... .ComMy Comm. Ex 'r` ."may75242 t 1, 2029 Bondec tnrouan r;t:crai Notary Assn. o ,Lc) otary Public; State of Florida Print Name: PcIM0k_ .- -c r'O My Commission Expires: D —i 1 — 20'291 My Commission No.: - t0152-1V2 0 Second A&R Subord Agt Villa Aurora (SAIL) S-3 COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. P Addre SUBORDINATE MORTGAGEE/ FIFTH MORTGAGEE: VILLA AURORA, INC., a Florida non-profit corporation `►-t ct 398 S.W. 1st Street, 12th FL By: Miami, .F,Jorida:3135 5 Print: "( ,a-,-,i✓.. Address: 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 STATE OF FLORIDA COUNTY OF MIAMI-DADE �phanie Berman, President ddress: 1398 S.W. 1st Street, 12th Floor Miami, Florida 33135 [CORPORATE SEAL] The foregoing instrument was acknowledged before me this 1-1= - day of YLI , 2025, by STEPHANIE BERMAN, as President of VILLA AURORA, INC., a Florida -pion -profit corporation, on behalf of the corporation. Said person is personally known to m or has produced a valid driver's license as identification. 4t:ii;s AMANDA HERRO _° ,�(r• Notary Public - State of Florida _ ifj Commission # HH 675242 I oFt' ' My Comm. Expires May 11, 2029 P Bonded through National Notary Assn. 0 31Q otary Public; State "of Florida Print Name: M Gi i& 'WY -a) ) My Commission Expires: CD0G 1 \ - 20 LP1 My Commission No.:- if t (Q 15 4-2, Second A&R Subord Agt Villa Aurora (SAIL) S-4 EXHIBIT "A" LEGAL DESCRIPTION (Villa Aurora Apartments) Lots 7, 8, 9 and 10, Block 79, Less the North 10 feet thereof, LAWRENCE ESTATE LAND CO'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, Page 46, Public Records of Miami -Dade County, Florida, A/K/A ESPERANZA CENTER. LESS AND EXCEPT: A parcel of land lying and being in Miami -Dade County, Florida being a portion of Lot 10, of Block 79 of LAWRENCE ESTATE LAND CO'S SUBDIVISION according to the Plat thereof as recorded in Plat Book 2, at Page 46 of the Public Records of Miami -Dade County, Florida being more particularly described as follows: The external portion of a circular curve, concave southeasterly, having a 25.00 foot radius and being subtended by the following tangents: the South line of the North 10.00 feet of aforementioned Lot 10, Block 79 and the West line of aforementioned Lot 10. Second A&R Subord Agt Villa Aurora (SAIL) COUNTERPART SIGNATURE PAGE TO SECOND AMENDED AND RESTATED SUBORDINATION AGREEMENT (Villa Aurora Apartments / SAIL / 2005-020CS / 2007-004CS) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. WITNESSES: Print:AM ' _ .L j v' i Ad. lss: 1 5 South Miami Ave., Ste 850 Miami, FL 33131 Print: `�or cLrvp_ ((jQc,( ) Address: 155 South Miami Ave., Ste 850 Miami, FL 33131 STATE OF FLORIDA COUNTY OF MIAMI-DADE BORROWER: VILLA AURORA, LLLP, a Florida limited liability limited partnership By: VILLA AURORA, INC., a Florida non-profit corporation, its general By: tephanie Berman, President Addresl: 155 South Miami Ave., Ste 850 Miami, FL 33131 partner The foregoing instrument wasacknowledged before me by )( physical presence or online notarization, this 1-\- day of--P�oir , 2025, by STEPHANIE BERMAN, as President of VILLA AURORA, INC., a orida non-profit corporation, the general partner of VILLA AURORA, LLLP, a Florida limited liability limited partnership, on behalf of the corporation and the limited liability limited partnership. Said person is l' personally known to me or has produced a valid driver's license as identification. °�e• AMANDA HERRO ` • '. tary Public - State of Florida "I Commission # HH 675242 ,, • ;t�My Comm. Expires May 11, 2029 .iunded through National Notary Assn. Second A&R Subord Agt Villa Aurora (SAIL) i010(-4.S9 otary Public; State of F"orida Print Name: A-YYI U/00. rY 0 My Commission Expires: Q . — I 1 — 2_02_9 My Commission No.: 4 La 1 G 2.42_ S-6