Laserfiche WebLink
iW:cu:110:1 <br />Person(s) shall automatically become the Senior Lender. From and after the Conversion Date, the <br />Permanent Lender, and its successors and/or assigns, shall become the Senior Lender hereunder. <br />"Senior Loan Default" means the occurrence of an "Event of Default" as that tern is defined in <br />the Senior Loan Documents. <br />"Subordinate Lender" means the Person named as such in the first paragraph on page 1 of this <br />Agreement, any successor or assign of Subordinate Lender, including without limitation, a <br />receiver, trustee or debtor -in -possession and any other Person who becomes the legal holder of <br />the Subordinate Note after the date of this Agreement. <br />"Subordinate Loan Agreement" means the loan agreement dated on or about the date hereof by <br />and between Borrower and Subordinate Lender in the aggregate principal amount of <br />$[3,170,547]. <br />"Subordinate Loan Default" means a default by Borrower in performing or observing any of <br />the terms, covenants or conditions in the Subordinate Loan Documents or the Unsubordinated <br />Regulatory Agreement to be perf'ornned or observed by it, which continues beyond any applicable <br />period provided in the Subordinate Loan Documents or the Unsubordinated Regulatory <br />Agreement for curing the default. <br />"Subordinate Loan Documents" means the Subordinate Note, the Subordinate Mortgage, the <br />Subordinate Loan Agreement, and all other documents evidencing, securing or otherwise <br />executed and delivered in connection with the Subordinate Loan, provided, however, the <br />Unsubordinated Regulatory Agreement is not a Subordinate Loan Document for purposes of this <br />Agreement. <br />"Subordinate Mortgage" means that certain Inclusionary Leasehold Deed of Trust and <br />Assignment of Rents dated as of [_, 2020]. encumbering the Borrower's interests in <br />the Property as security for the Subordinate Loan, to be recorded in the Official Records <br />substantially concurrently herewith. <br />"Subordinate Note" means the promissory note dated on or about the date hereof, issued by <br />Borrower to Subordinate bender, or order, to evidence the Subordinate Loan. <br />"Unsubordinated Regulatory Agreement" means the Affordability Restrictions on Transfer of <br />Property dated on or about the date hereof, by Borrower for the benefit of Subordinate Lender, in <br />connection with the Subordinate Loan, encumbering the property and to be recorded in first <br />position concurrently herewith in the Official Records. <br />3. Permission to Place Mortgage Lien Against Property. <br />The Senior Lender agrees, notwithstanding the prohibition against inferior liens on the <br />Property contained in the Senior Loan Documents or the Permanent Loan Documents and subject <br />to the provisions of this Agreement, to pennit the Subordinate Lender to record or retain the <br />Unsubordinated Regulatory Agreement, the Subordinate Mortgage and other recordable <br />Subordinate Loan Documents against the Property (which, with the exception of the <br />tiuhonlinalfon A�recment Legacy Syuam 4 <br />55A-119 <br />