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(a) Insurance. <br />(i) Intentionally Omitted. <br />(ii) All original policies of insurance required pursuant to the Senior Loan <br />Documents will be held by Senior Lender. <br />(iii) Nothing in this Section 7(a) will preclude Subordinate Lender from <br />requiring that it be named as a mortgagee and loss payee, as its interest <br />may appear, under all policies of property damage insurance maintained <br />by Borrower with respect to the Mortgaged Property, provided such action <br />does not affect the priority of payment of Loss Proceeds, or that <br />Subordinate Lender be named as an additional insured under all policies of <br />liability insurance maintained by Borrower with respect to the Mortgaged <br />Property. <br />(b) Condemnation or Casualt <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 />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 manner 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 />Subordination Agreement — Governmental Entity Page 11 <br />City of Santa Ana-Inclusionary Honsing <br />La Placita Cinco <br />