SUBORDINATION OF SUBORDINATED SECOND MORTGAGE
Exhibit 10.39
SUBORDINATION OF SUBORDINATED SECOND MORTGAGE
March 28 , 2019
East Boston Savings Bank, with an address of 00 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx 00000 (the “Lender”), is the holder of the following documents:
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i. |
Mortgage and Security Agreement dated as of March 28, 2018, given by Xxxxxxx 64 MGI, LLC, a Delaware limited liability company, with an address of 000 Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 (the “Borrower”), recorded with the Worcester South District Registry of Deeds (the “Registry”) in Book 58594, Page 337 the “First Mortgage”), as amended by that certain First Amendment to Security Documents dated March 28 , 2019, recorded with the Registry in Book 60204 , Page 269 (the “First Amendment”); and |
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ii. |
Assignment of Leases and Rents dated as of March 28, 2018, given by the Borrower in favor of the Lender, recorded with the Registry in Book 58594, Page 361 (the “First Assignment”), as amended by the First Amendment; and |
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iii. |
Collateral Assignment of Contracts, Licenses and Permits dated as of March 28, 2018, given by the Borrower in favor of the Lender, recorded with the Registry in Book 58594, Page 368 (the “First Collateral Assignment” and collectively with the First Mortgage and First Assignment, the “First Security Documents”), as amended by the First Amendment . |
ASC Devens, LLC, a Delaware limited liability company, with an address of 000 Xxxx Xxxx Xxxxxx, Xxxx, Xxxxxxxxxxxxx 00000 (the “Subordinate Lender”), is the holder of:
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i. |
Subordinated Second Mortgage by the Borrower in favor of Subordinated Lender, recorded with the Registry on March 28, 2018, in Book 58594, Page 376 (the “Second Mortgage”); and |
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ii. |
Subordinated Second Assignment of Leases and Rents, dated March 28, 2018, by Borrower in favor of Subordinated Lender, recorded with the Registry in Book 58595, Page 46 (the “Second Assignment” and together with the Second Mortgage, the “Second Security Documents”). |
Subordinate Lender hereby subordinates the liens of the Second Security Documents to the liens of the First Security Documents, as each is amended by the First Amendment, as if the First Amendment were also recorded in the Registry prior in time to the Second Security Documents.
Property Address: 00 XXXXXXX XXXX, XXXXXX, XXXXXXXXXXXXX
IN WITNESS WHEREOF, this Subordination of Subordinated Second Mortgage has been duly executed as of the date first written above.
ASC DEVENS LLC
By: /s/ Xxxx Xxxxxx
Name: Xxxx Xxxxxx
Title: Authorized Person
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF MIDDLESEX
On this 28th day of March, 2019, before me, the undersigned notary public, personally appeared Xxxx Xxxxxx, the authorized person of ASC Devens LLC, proved to me through satisfactory evidence of identification, which was AMSC Company ID, to be the person whose name is signed above, and acknowledged to me that he signed it voluntarily for its stated purpose as the Chief Financial Officer of ASC Devens LLC.
/s/ Russet X. Xxxxxx
Notary Public: My Commission Expires: December 20, 2024
