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HomeMy WebLinkAbout1998-11-09 99-13 ORDERCOUNCIL ACTION Date: November 9. 1998 It® No. 99-13 Item/subjecU Authorizing Execution oflatertreditor Agreement- Maine Smte Housing Authority - Home Mortgage Prom m - Nm Neighbors Program Responsible Department: Community s economic Development Commentary : This Order would authorize the City Manager to execute an Intercreditor Agreement with the Maine State Housing Authority (MSHA) and each private lender participating with the City in the MSHA New Neighbors Program. Me New Neighbors Program is designed to provide home ownership opportunities to first-time home buyers who wish to purchase and rehabilitate existing 1 - 4 unit properties in Maine's inner cities. The program will start in Portland, Lewiston and Sargon. Special financing features will allow home buyers to finance loot of the purchase price and rehabilitation costs. eligible applicants as defined by the MESA are those who have not had an ownership interest in their principal residence in the past three years or who have had an Ownership interest in their principal residence within the past three years, but no longer own oroccupy the property. The MSHA and private lenders will share a first mortgage. A City loan, if any, would be in second lien position. The MSHA requires that each city and bank participating enter into the Intercreditor Agreement attached to the Council Order. The New Neighbors Program could be very useful to prospective buyers of the Randolph Drive / Maxwell Lane surplus property. Dep rtment H905 Manager's Convents: City manager Associated InfoxmatienQ�jot (ge6lA"AwIT- Budget Approval: Finance Director Legal Approval: City S icitor Introduced For if Passage ❑ First Reading ❑ Referral !' Paga�D£� 99-13 Ae®pwd to Councilor PAInar November 9, 1998 r CITY OF BANGOR (TITLE.) (orb"Aothorimng Execution of hmrcreditor Agreement Maine State Housing...._ Authority- Home Mortgage Program -New Neighbors Program By tM Gty Courwil of tha Cgly Of Relevant ORDERED, TUT WHEREAS, The Maine Smte Housing Authority (MSHA) offers aNew Neighbors Program designed to provide home ownership opportunities to first-time home buyers who wish to purchase and rehabilitate existing 1 - 4 unit properties in Melee's inner cities; and WHEREAS, The New Neighbors Program has special financing Features that will allow home buyers to flounce 100% of the purchase price and rehabilitation vests of an existing home; and WHEREAS, Eligible applicants as defined by the MSHA we those who have not lad an ownership Interest in their principle residence in the post three years or who have had an ownership interest in their principle residence the Nat three years, but no longer owns or occupies the property; and WHEREAS, The Program is being offered in Bangor, Portland and Lewiston; and WHEREAS, The City may participate with the Maine State Housing Authority and private lenders in making loans to eligible parents for the acquisition and rehabilitation of I to 4 unit properties, with City participation approved by the City Council Community and Economic Development Committee under the City's existing Community Development Residential Rehabilitation Loan Program; and WHEREAS, TheMaineState Housing Authority requires that each city and hank participating enter into the Intercreditor Agreement attached hereto; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THB CITY OF BANGOR THAT the City Manager is hereby authorized, on behalf of the City of Bounce, in execute an f rtacreditor Agreement with the Maine State Housing Authority, sentry ofwhich is attached hereto, and with private lenders participator with the City of Bangor and the Maine Sate Housing Authority under the New Neighbors Program. IN CITY COUNCIL November 9, 1998 Radon for Passage Nade & Seconded Passed CITY uk 99-13 ORDER Title, Authorizing Execution of Inter- xeditor Agreement - Maine State Rousing Authority - Rome Mortgage Program - Nev Neig666WP?6...... •.M•..•M.•••••• gram .......... ^Aerigned to ...... V(,(�`. ... ....... ..... n. Cowcilma MAWE STATE HOUSING AUTHORITY 99-13 HOME MORTGAGE PROGRAM -NEW NEIGHBORS Monson •' THIS WTERCREDITOR AGREEMENT is made as of f99_ between and among the MAINE STATE HOUSING AUTHORITY, a public body, corporate and politic, and an instrunenseEry of the gone of Maine with its principal place of business ut 353 Water Strew, Augusta, Maine 09330-M33 (herein Bled "MSHA-) and the following lenders: Name/Addreas of Bank: (Incenafter called "Bank's; and (hereiraRer caBed'Cityl. WITNESSETH WHEREAS, MSIdA, the Bank and the City intend to participate in a program (the 'New Neighbors Program-) designed by MSHA to provide financing for individuals who purchase, rehabilicate aM reside in 14 unit properties lowed within economically chasresasd areas in the City. WHEREAS, as part of the New Neighbors Program, MSHA, the Bads and the City may each make a Into to a qualifying individual(the 'Borrower). The MSHA lona will be asocial by a mortgage (the "MSHA Mortgage's on the qualifying property (the Rroperty'�; the Bank loan will be secured by a mortgage (the "Bank Mortgage's on the Property; and the City loan will be secured by a mortgage (the "City Mortgage') on the Property. WHEREAS, MSHA, Bank, and City recognize the need to cooperate in the administration of each parry's none and mortgages (collectively the "Mortgagee") and desire to enter into thus Intercreditor Agreement in order to define their respective rights and duties; and m net forth the procedures which will be vasd on govern the adminixmtion of the Mortgages. NOW THEREFORE, for valuable considmaion dere parties agree as follows: 1. Shared First Lim Position. The M3HA Mortgage and the Bank Mortgage shall each constitsne a mortgage lien of equal priority on she Property, it being intended shut the MSHA Mortgage and the Badr Mortgage shall be deemed to be delivered and worded sisnultweornly,notwishstaading the time of recording of the vuwmenss. The Gry Mortgage, Sway, shall be in second lien position. The partes shall it ]tide the following reference to this Intercreditor Agreement in their respective Mortgages: lgMP-IC New Neighbors Page I of 5 'THE RIGHTS AND DUTIFB OF THE WITHIN MORTGAGE£ ARE SUBJECT TO AN IYCERCREDITOR AGREEMENTAMONG THE MAWE SCATS HOUSING AUTHORCIY("MSHA'), THE'I.ENDER-)AND THE CITY OF (CI-IE'CITY-)DATED AND RECORDED IN THE COUNTY REGISTRY OF DEEDS IN BOOK ,PAGE In the everst there is a default under any of she Mor[ gaga, any exercise of remedies by one or re of the parties &raw shad be for the equal and rzable benefit of 0 parties hems, and any net recovery, thereby elecxed dial be divided between WHA, Bards and, if applicable, City on aproma basis baud upon the duan respective outstanding principal balance of the wtowed MSHA, Baul5120ifapplicable,Gty. lawthatthe BanlOs foregowg,aolely for purpose of 9-A MRSA 5 t-202(9), the parties stipulate [het due Bank's moagage is a first mortgage on she real <sare. 2. Cooperation Among Partio.Tothe fullest eaem possible, MSHA, Bank, and, if appGable, City shad cotpeme in she joint admirdaatiov of the Mortgages in accordance with standards and practices applicable to prudent mortgage lenders in the State of Maine. WIVt has developed a New Neighbors Program Processing Guide (the 'Guidej which provides guidelines for the origination of the loans and which g®eally describes procedures for administering the New Neighbors Program. Each loan is subjx[ to the urns of the Guide as in effect at the time of closing of she loan. 3. Administration of Rehabilitation Escrow, I City is participating as a lender in connection with the loan to Borrower, Gty shad edrvwina the rehabilitation escrow establishedfor. Borrower. If Cky is not a parddpam, Bmk shah establish and admiwster said rehabilitation escrow. WHA, Bank, and ifapplicable, the City shall each have the right to inspect all work and improvemears. Each d burawent from the rehabilitation escrow shall be used to pay for eligible improvatmrs and shall be treated as a dkbursemem from each party's loan proceed in proportion to the overall amount of Borrower's loan. Any balances maiming in said escrow after the completion of the rehabilitation shad be used to paydown the principal of the pardei respective nmrtgage notes. 4. Notice of Default. In the event MSHA. Book, and/or, if applicable, Gty, shad notify the Borrower of a default by the Borrower under that party's loan docwnents, the parry declaringa default shag amultooeoualy therewith provide a copy of such notice of default to the other parties. If a default is declared while there is an outstanding balance in any rehabilitation escrow, the parry admirdsterivg the rehabilitation escrow shall immediately notify the other parties of such balance and, upon request, shall return any accounts held by it that were contributed by the other parties. Any notice of "uh seal clearly identify the loan as a'New Neighbors Program" lout, and shall be delivered according to the mahod described in Paragraph 10 heccof. 5. Notice of Accelwtinm Right to Care Defaults. In the event MSHA, Back, or, if applicable, Gty shall determine that it is m its bat interest as a prudent mortgage lender to exercise one or more default remedies under said loan documents, including, but not limited to, foreclosure of its mortgage on the Property, the party which has mode that deteman ation shall give a least twenty (20) day's' written notice to the other parties of its intention to pursre its default rights and recordist. At any time witbin this period, any other party hereto may, but is not required w, cure said default by paying any amounts pan due, including interest or latechases. HMP -IC New Neighbors Page 2 of 5 99-13 6. Forucloamm If a determination is made by any pasty w foreclose ie; mortgage, the foredomre action shall be conduaed u authorised or permitted by she laws then existing in the Store of Maine or under Federal Law, including but not limited to the Multifamily Mortgage Foredosnre Act of 1981, 12 U.S.C. S3701, as amended. The parties agree that the mabod of foreclosure which shall be used shall be foreclosure by civil action pursuant to Title 14 M.ItS.A. S6321 m seq., as amended, or any mocessor mature, unless ell parties hereto agree in writing that mother method may be mei. In my such Inveclomre proceeding, the judgment of forecloaue and sale shall provide for the application of the proceeds of the foreclosure sale to the indebtcdoas secured by the Mortgages in proportion to the outsmnduag sums of the indebtedness behl by each lender, as evidenced by the respective notes. any gad i Cos m 1 mn unven� loan arty documents; to prehaz it is mortgage me advisable iry h. ett makecumreal an ender its lour de inswaa w or the ha mortgage axv homes es o w prevent a om iin ro tax fon wisue, provide im and foreclosure the Property, em), been to our of pocket wide H mrmagrap with a such assure mdforeclwure sale which but been wmmenced i provided b in sparagraph 5 hereof, such aothe andborcooshall not besubjectorpro ns distribution,ben shall be reimbursed prior p rtie distribution ce o any mcla ad a rosea coot ale. Each parry is mu to provide the other parties with evidence of my rvch advance or con if reimbursement u caught. S. ReleamInthe event the indebtedness held by MSHA, Bank, or, if applicable, Gty, shall be eddied in bull by payment, prepayment: or by my other means, the parry whose indebtedness bas been suisffed sbnll dindharge all its right, ude and intense in is mortgage and such discharge shag be sufficient eviderwe than the parry providing the discharge has no further rights or dudes under this agreement. 9. Termination.MSHA, the Bank and the City may each diswntinue participation m the New Neighbors Program by giving notice to the other parties W days prior to due of termination of participation. Such termination shall not re&ve my parry from its responsibilities hereunder with respect to any, loan which it has pound or committed to make. to. Notices. Any notice permitted or required lame adershall he in writing and shall be sent by first thea mad, postage prepaid to the following addresses for the respective pmtiec MSHA- Maim Store Housing Authority Attention: New Neighbors Program Administrator 353 Water Street Augustus, Maine 04330.1633 Bank- aw- The foregoing addresses may be chewed from time to time by written notice given by one party, to the otter parties. All times specified shall son beerthetimeofreceiptofseidnotice. - b -IC New Neighbors Page 3 of 5 11. No Reliance by Borrower. The Borrower shall have no right to rely upon any agre marm,obligations, or procedures.a forth in this Iutercralitor Agremunt, the agreement being solely for the benefit of MSI1A, Bank, and, B applicable, City. 12. Suucnors and Aliens This lntercreditor Agreement shall inure to the benefit of and be binding upon the fortis hetero and their respective mocesson and assigns. 15.nreAgreem t. This agreement cmarus uthe entire agreement between the parties with respect to this subject mean, supersedes all prior negotiations and undaamdings between them, and shall not be mesal or amended, except by written agreement signed by the Bank, MSHA and the Chy. la. Choice of law. This mmtcreditor Agreement shall be constmei and enforced in accordance with and governed by the laws of the Som of Maine. IN WITNESS WFIERF.OF, this agreement has been a mooned as of the day fun above By: Witness Name Is: e Witness Name Its CITY: By: Name: Witness its: STATE OF MAINE COUNTY OF ,199_ HMP -IC New Neighbors Page 4 of 5 MAWE STATE HOUSING AUTHORITY 99-13 HOME MORTGAGE PROGRAM -NEW NEIGHBORS Monson •' THIS WTERCREDITOR AGREEMENT is made as of f99_ between and among the MAINE STATE HOUSING AUTHORITY, a public body, corporate and politic, and an instrunenseEry of the gone of Maine with its principal place of business ut 353 Water Strew, Augusta, Maine 09330-M33 (herein Bled "MSHA-) and the following lenders: Name/Addreas of Bank: (Incenafter called "Bank's; and (hereiraRer caBed'Cityl. WITNESSETH WHEREAS, MSIdA, the Bank and the City intend to participate in a program (the 'New Neighbors Program-) designed by MSHA to provide financing for individuals who purchase, rehabilicate aM reside in 14 unit properties lowed within economically chasresasd areas in the City. WHEREAS, as part of the New Neighbors Program, MSHA, the Bads and the City may each make a Into to a qualifying individual(the 'Borrower). The MSHA lona will be asocial by a mortgage (the "MSHA Mortgage's on the qualifying property (the Rroperty'�; the Bank loan will be secured by a mortgage (the "Bank Mortgage's on the Property; and the City loan will be secured by a mortgage (the "City Mortgage') on the Property. WHEREAS, MSHA, Bank, and City recognize the need to cooperate in the administration of each parry's none and mortgages (collectively the "Mortgagee") and desire to enter into thus Intercreditor Agreement in order to define their respective rights and duties; and m net forth the procedures which will be vasd on govern the adminixmtion of the Mortgages. NOW THEREFORE, for valuable considmaion dere parties agree as follows: 1. Shared First Lim Position. The M3HA Mortgage and the Bank Mortgage shall each constitsne a mortgage lien of equal priority on she Property, it being intended shut the MSHA Mortgage and the Badr Mortgage shall be deemed to be delivered and worded sisnultweornly,notwishstaading the time of recording of the vuwmenss. The Gry Mortgage, Sway, shall be in second lien position. The partes shall it ]tide the following reference to this Intercreditor Agreement in their respective Mortgages: lgMP-IC New Neighbors Page I of 5 'THE RIGHTS AND DUTIFB OF THE WITHIN MORTGAGE£ ARE SUBJECT TO AN IYCERCREDITOR AGREEMENTAMONG THE MAWE SCATS HOUSING AUTHORCIY("MSHA'), THE'I.ENDER-)AND THE CITY OF (CI-IE'CITY-)DATED AND RECORDED IN THE COUNTY REGISTRY OF DEEDS IN BOOK ,PAGE In the everst there is a default under any of she Mor[ gaga, any exercise of remedies by one or re of the parties &raw shad be for the equal and rzable benefit of 0 parties hems, and any net recovery, thereby elecxed dial be divided between WHA, Bards and, if applicable, City on aproma basis baud upon the duan respective outstanding principal balance of the wtowed MSHA, Baul5120ifapplicable,Gty. lawthatthe BanlOs foregowg,aolely for purpose of 9-A MRSA 5 t-202(9), the parties stipulate [het due Bank's moagage is a first mortgage on she real <sare. 2. Cooperation Among Partio.Tothe fullest eaem possible, MSHA, Bank, and, if appGable, City shad cotpeme in she joint admirdaatiov of the Mortgages in accordance with standards and practices applicable to prudent mortgage lenders in the State of Maine. WIVt has developed a New Neighbors Program Processing Guide (the 'Guidej which provides guidelines for the origination of the loans and which g®eally describes procedures for administering the New Neighbors Program. Each loan is subjx[ to the urns of the Guide as in effect at the time of closing of she loan. 3. Administration of Rehabilitation Escrow, I City is participating as a lender in connection with the loan to Borrower, Gty shad edrvwina the rehabilitation escrow establishedfor. Borrower. If Cky is not a parddpam, Bmk shah establish and admiwster said rehabilitation escrow. WHA, Bank, and ifapplicable, the City shall each have the right to inspect all work and improvemears. Each d burawent from the rehabilitation escrow shall be used to pay for eligible improvatmrs and shall be treated as a dkbursemem from each party's loan proceed in proportion to the overall amount of Borrower's loan. Any balances maiming in said escrow after the completion of the rehabilitation shad be used to paydown the principal of the pardei respective nmrtgage notes. 4. Notice of Default. In the event MSHA. Book, and/or, if applicable, Gty, shad notify the Borrower of a default by the Borrower under that party's loan docwnents, the parry declaringa default shag amultooeoualy therewith provide a copy of such notice of default to the other parties. If a default is declared while there is an outstanding balance in any rehabilitation escrow, the parry admirdsterivg the rehabilitation escrow shall immediately notify the other parties of such balance and, upon request, shall return any accounts held by it that were contributed by the other parties. Any notice of "uh seal clearly identify the loan as a'New Neighbors Program" lout, and shall be delivered according to the mahod described in Paragraph 10 heccof. 5. Notice of Accelwtinm Right to Care Defaults. In the event MSHA, Back, or, if applicable, Gty shall determine that it is m its bat interest as a prudent mortgage lender to exercise one or more default remedies under said loan documents, including, but not limited to, foreclosure of its mortgage on the Property, the party which has mode that deteman ation shall give a least twenty (20) day's' written notice to the other parties of its intention to pursre its default rights and recordist. At any time witbin this period, any other party hereto may, but is not required w, cure said default by paying any amounts pan due, including interest or latechases. HMP -IC New Neighbors Page 2 of 5 99-13 6. Forucloamm If a determination is made by any pasty w foreclose ie; mortgage, the foredomre action shall be conduaed u authorised or permitted by she laws then existing in the Store of Maine or under Federal Law, including but not limited to the Multifamily Mortgage Foredosnre Act of 1981, 12 U.S.C. S3701, as amended. The parties agree that the mabod of foreclosure which shall be used shall be foreclosure by civil action pursuant to Title 14 M.ItS.A. S6321 m seq., as amended, or any mocessor mature, unless ell parties hereto agree in writing that mother method may be mei. In my such Inveclomre proceeding, the judgment of forecloaue and sale shall provide for the application of the proceeds of the foreclosure sale to the indebtcdoas secured by the Mortgages in proportion to the outsmnduag sums of the indebtedness behl by each lender, as evidenced by the respective notes. any gad i Cos m 1 mn unven� loan arty documents; to prehaz it is mortgage me advisable iry h. ett makecumreal an ender its lour de inswaa w or the ha mortgage axv homes es o w prevent a om iin ro tax fon wisue, provide im and foreclosure the Property, em), been to our of pocket wide H mrmagrap with a such assure mdforeclwure sale which but been wmmenced i provided b in sparagraph 5 hereof, such aothe andborcooshall not besubjectorpro ns distribution,ben shall be reimbursed prior p rtie distribution ce o any mcla ad a rosea coot ale. Each parry is mu to provide the other parties with evidence of my rvch advance or con if reimbursement u caught. S. ReleamInthe event the indebtedness held by MSHA, Bank, or, if applicable, Gty, shall be eddied in bull by payment, prepayment: or by my other means, the parry whose indebtedness bas been suisffed sbnll dindharge all its right, ude and intense in is mortgage and such discharge shag be sufficient eviderwe than the parry providing the discharge has no further rights or dudes under this agreement. 9. Termination.MSHA, the Bank and the City may each diswntinue participation m the New Neighbors Program by giving notice to the other parties W days prior to due of termination of participation. Such termination shall not re&ve my parry from its responsibilities hereunder with respect to any, loan which it has pound or committed to make. to. Notices. Any notice permitted or required lame adershall he in writing and shall be sent by first thea mad, postage prepaid to the following addresses for the respective pmtiec MSHA- Maim Store Housing Authority Attention: New Neighbors Program Administrator 353 Water Street Augustus, Maine 04330.1633 Bank- aw- The foregoing addresses may be chewed from time to time by written notice given by one party, to the otter parties. All times specified shall son beerthetimeofreceiptofseidnotice. - b -IC New Neighbors Page 3 of 5 11. No Reliance by Borrower. The Borrower shall have no right to rely upon any agre marm,obligations, or procedures.a forth in this Iutercralitor Agremunt, the agreement being solely for the benefit of MSI1A, Bank, and, B applicable, City. 12. Suucnors and Aliens This lntercreditor Agreement shall inure to the benefit of and be binding upon the fortis hetero and their respective mocesson and assigns. 15.nreAgreem t. This agreement cmarus uthe entire agreement between the parties with respect to this subject mean, supersedes all prior negotiations and undaamdings between them, and shall not be mesal or amended, except by written agreement signed by the Bank, MSHA and the Chy. la. Choice of law. This mmtcreditor Agreement shall be constmei and enforced in accordance with and governed by the laws of the Som of Maine. IN WITNESS WFIERF.OF, this agreement has been a mooned as of the day fun above By: Witness Name Is: e Witness Name Its CITY: By: Name: Witness its: STATE OF MAINE COUNTY OF ,199_ HMP -IC New Neighbors Page 4 of 5 Personally appeared before me the above-named in his/her opacity as of the Maine Stare Housing Authority and acknowledged the above instrument to be his/her free act and deed N said rapacity and the free as and deed of the Maine Stare Housing Authority. Nosy Public/Attorney at Law Comtviasion expire 'I.V97WOUi. m COUNTY OF ,199_ Personally appeared before are the nbovevamed in his/her capacity0 of and acknowledged the above imvummt to be his/her free aet and deed in acid opacity and the free as and deed of the City of Notary Public/Attorney at Law Commission expires: SPATE OF MARIE COUNTY OF ,199_ Personally appeared before me the abovenamed in his/her capacity as of amdacknowledgedthe above instrument to be his/her free act and deed in said opacity and the free xx and deed of Name: Notary Pu slic/Attorney a Law Commaion expires ITORC New Neighbors Page 5 of 5