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GUEST HOUSE LP 1-2016
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GUEST HOUSE LP 1-2016
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Last modified
2/6/2017 10:43:19 AM
Creation date
2/1/2017 11:51:35 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-155-A
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
6/21/2016
Destruction Year
0
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best of its knowledge, there are no defaults or breaches under the Junior Loan <br />Documents, and as to the total amount then outstanding under the Junior Loan. Junior <br />Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan <br />Default, Enforcement Action Notice or other material notice given by Junior Lender <br />under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior <br />Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to <br />cure any Junior Loan Default until ninety (90) clays following Senior Lender's receipt of <br />an Enforcement Action Notice given by Junior Lender as a consequence of the Junior <br />Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under <br />the Junior Loan Documents by reason of Senior Lender having cured any Junior Loan <br />Default. However, Junior Lender acknowledges that all amounts advanced or expended <br />by Senior Lender to cure a Junior Loan Default shall be added to and become a part of <br />the Senior Indebtedness pursuant to the terms of the Senior Security Instrument. <br />(c) In the event and to the extent that each of Senior Lender and Junior Lender <br />have under their respective loan documents certain approval or consent rights over the <br />same subject matters (regardless of whether the obligations or rights are identical or <br />substantially identical), Junior Lender agrees that Senior Lender shall exercise such <br />approval rights on behalf of both Senior Lender and Junior Lender, and Junior Lender <br />shall have no right to object to any such action or approval taken by Senior Lender and <br />shall consent thereto and be bound thereby. Without limiting the generality of the <br />foregoing, Senior Lender shall have all approval, consent and oversight rights in <br />connection with any insurance claims relating to the Property, any decisions regarding <br />the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or <br />firing of property managers, or otherwise related in any way to the Property, and Junior <br />Lender shall have no right to object to any such action or approval taken by Senior <br />Lender and shall consent thereto and be bound thereby. <br />(d) Junior Lender agrees that in any action commenced to enforce the <br />obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall <br />not be enforceable personally against Borrower or Borrower's assets, and the recourse of <br />Junior Lender for the collection of the Junior Indebtedness shall be limited to actions <br />against the Property and the rents, profits, issues, products, and income from the <br />Property. <br />(e) Junior Lender shall not commence or join with any other creditor in <br />commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall <br />not initiate and shall not be a party to any action, motion or request, in a Bankruptcy <br />Proceeding involving any other person or entity, which seeks the consolidation of some <br />or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any <br />Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any <br />Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding <br />the covenant in the first sentence of this clause) the assets or interests of Borrower are <br />consolidated, then in either event, the Senior Loan shall first be paid in full before Junior <br />Lender shall be entitled to receive and retain any payment or distribution in respect to the <br />Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and <br />distributions of every kind or character in respect of the Junior Loan to which Junior <br />Subordination and Intercreditor Agreement (HOME) 7 The Guest House <br />
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