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i0:cu:31r:1 <br />Lender and the Subordinate Lender over the application of Casualty proceeds, the <br />decision of the Senior Lender, in its sole discretion, shall prevail. <br />(c) No Modification of Subordinate Loan Documents. <br />The Borrower and the Subordinate Lender each agrees that, until the principal of, interest <br />on and all other amounts payable under the Senior Loan Documents have been paid in full, it will <br />not, without the prior written consent of the Senior Lender in each instance, increase the amount <br />of the Subordinate Loan, increase the required payments due under the Subordinate Loan, <br />decrease the team of the Subordinate Loan, increase the interest rate on the Subordinate Loan, or <br />otherwise amend the Subordinate Loan terms in a manner that creates an adverse effect upon the <br />Senior Lender under the Senior Loan Documents. Any unauthorized amendment of the <br />Subordinate Loan Documents or assignment of the Subordinate Lender's interest in the <br />Subordinate Loan without the Senior Lender's consent shall be void ab initio and of no effect <br />whatsoever and Subordinate Lender agrees that it shall not transfer or assign the Subordinate <br />Loan or the Subordinate Loan Documents without the prior written consent of the Senior Lender. <br />10. Conversion, Modification or Refinancing of Senior Loan. <br />The Subordinate Lender consents to any agreement or arrangement in which the Senior <br />Lender waives, postpones, extends, reduces or modifies any provisions of the Senior Loan <br />Documents, including any provision requiring the payment of money. Subordinate Lender further <br />agrees that its agreement to subordinate hereunder shall extend to the Permanent Loan <br />Documents, as well as to any new mortgage debt which is for the purpose of refinancing all or <br />any part of the Senior Loan (including reasonable and necessary costs associated with the closing <br />and/or the refinancing) so long as the new mortgage debt does not increase the maximum <br />principal amount of the Senior Loan and, in the event of new mortgage debt, Subordinate Lender <br />shall execute and deliver to Senior Lender a new subordination agreement on the same terms and <br />conditions as this Subordination Agreement. Notwithstanding anything to the contrary in this <br />Section 10, or in Section 5(a) above, the Senior Lender shall not, without the prior written <br />consent of the Subordinate Lender in each instance, which shall not be unreasonably withheld, <br />take any action which has the effect of increasing the indebtedness outstanding under, or secured <br />by, the Senior Loan Documents, increasing the required payments due under the Senior Loan, <br />decreasing the term of the Senior Loan, or increasing the interest rate on the Senior Loan, except <br />that the Senior Lender shall have the right to advance funds to core Subordinate Loan Defaults <br />pursuant to Section 6(a) above and advance fiords pursuant to the, Senior for the purpose of <br />paying real estate taxes and insurance premiums, making necessary repairs to the Property and <br />curing other defaults by the Borrower under the Senior Loan Documents. From and after the <br />Conversion Date, all the terms and covenants of this Agreement shall more to the benefit o[' any <br />holder of the Penmanent Loan; and all references to the Senior Loan, the Senior Note and the <br />Senior Loan Documents shall mean, respectively, the Permanent Loan, the Permanent Note and <br />the Permanent Loan Documents. <br />Suhonlinm ion A¢r�.v�menl— Lceacy Sgoarc I <br />55A-126 <br />