Laserfiche WebLink
liability insurance maintained by Borrower with respect to the Mortgaged <br />Property. <br />(b) Condemnation or Casualty. <br />In the event of a Condemnation or a Casualty, the following provisions will apply: <br />(i) The rights of Subordinate Lender (under the Subordinate Loan Documents <br />or otherwise) to participate in any proceeding or action relating to a <br />Condemnation or a Casualty, or to participate or join in any settlement of, <br />or to adjust, any claims resulting from a Condemnation or a Casualty, will <br />be and remain subordinate in all respects to Senior Lender's rights under <br />the Senior Loan Documents, and Subordinate Lender will be bound by any <br />settlement or adjustment of a claim resulting from a Condemnation or a <br />Casualty made by Senior Lender. <br />(ii) All Loss Proceeds will be applied either to payment of the costs and <br />expenses of Restoration or to payment on account of the Senior <br />Indebtedness, as and in the maturer determined by Senior Lender in its <br />sole discretion; provided however, Senior Lender agrees to consult with <br />Subordinate Lender in determining the application of Casualty proceeds. <br />In the event of any disagreement between Senior Lender and Subordinate <br />Lender over the application of Casualty proceeds, the decision of Senior <br />Lender, in its sole discretion, will prevail. <br />(iii) If Senior Lender holds Loss Proceeds, or monitors the disbursement of <br />Loss Proceeds, Subordinate Lender will not do so. Nothing contained in <br />this Agreement will be deemed to require Senior Lender to act for or on <br />behalf of Subordinate Lender in connection with any Restoration or to <br />hold or monitor any Loss Proceeds in trust for or otherwise on behalf of <br />Subordinate Lender, and all or any Loss Proceeds may be commingled <br />with any funds of Senior Lender. <br />(iv) If Senior Lender elects to apply Loss Proceeds to payment on account of <br />the Senior Indebtedness, and if the application of such Loss Proceeds <br />results in the payment in full of the entire Senior Indebtedness, any <br />remaining Loss Proceeds held by Senior Lender will be paid to <br />Subordinate Lender unless another party has asserted a claim to the <br />remaining Loss Proceeds. <br />(c) Modification of Subordinate Loan Documents. Subordinate Lender agrees that, <br />until the principal of, interest on and all other amounts payable under the Senior <br />Loan Documents have been paid in full, it will not, without the prior written <br />consent of Senior Lender, increase the amount of the Subordinate Loan, increase <br />the required payments due under the Subordinate Loan, decrease the term of the <br />Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise <br />Subordination Agreement — Governmental Entity 11 Tiny Tim Apartments <br />City of Santa Ana -Inclusionary Housing <br />