Laserfiche WebLink
any suit or other legal, administrative, or arbitration proceeding based upon the Junior Note or <br />any other of the Junior Loan Documents, (xii) the exercising of any banker's lien or rights of set- <br />off or recoupment, or (xiii) the taking of any other enforcement action against Borrower, any <br />other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan <br />Documents, or the Property. <br />"Enforcement Action Notice" means a written notice from Junior Lender to Senior <br />Lender, given following a Junior Loan Default and the expiration of any notice or cure periods <br />provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable <br />detail the Enforcement Action proposed to be taken by Junior Lender. <br />"Junior Indebtedness" means all indebtedness of any kind at any time evidenced or <br />secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing <br />before or after the filing of any Bankruptcy Proceeding. <br />"Junior Loan Default" means any act, failure to act, event, condition, or occurrence <br />which constitutes, or which with the giving of notice or the passage of time, or both, would <br />constitute, an "Event of Default" as defined in the Junior Security Instrument. <br />"Junior Loan Documents" means, collectively, the Junior Note, the Junior Security <br />Instrument, the Junior Loan Agreement, and all other documents evidencing, securing or <br />delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached <br />hereto, together with such modifications, amendments and supplements thereto as are approved <br />in writing by Senior Lender prior to their execution; provided that, that the Restrictive Covenant <br />shall not be considered an Junior Loan Document. <br />"Junior Security Instrument" means that certain City Deed of Trust and Assignment of <br />Rents, dated as of the date hereof, made by Borrower for the benefit of Junior Lender, as the <br />same may from time to time be extended, consolidated, substituted for, modified, amended or <br />supplemented upon receipt of the consent of Senior Lender. <br />"Loan Agreement" means that certain Construction Funding Agreement, dated as of the <br />date hereof, by and between Borrower and Senior Lender relating to the Senior Loan. <br />"Loss Proceeds" means all monies received or to be received under any insurance policy, <br />from any condemning authority, or from any other source, as a result of any Condemnation or <br />Casualty. <br />"Property" means (i) the land and improvements known or to be known as The Guest <br />House, located in Santa Ana, Orange County, State of California, which Property is more <br />particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment <br />located at such apartments and other property, accounts, deposits and rights and interests of <br />Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan <br />Documents. <br />"Restrictive Covenant" means certain Affordability Restrictions on Transfer of Property, <br />dated as of July 22, 2016, by and between Junior Lender and Borrower. <br />Subordination and Inters eduor Agreement (HOME) 3 The GuestHousc <br />