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6.A. - Page 12 of 24 <br />creates an unacceptable level of risk relative to the Property, or Senior Lender's secured <br />position relative to the Property, as determined by Senior Lender in its sole discretion, <br />then Senior Lender may exercise during such 90 -day period all available rights and <br />remedies to protect and preserve the Property and the rents, revenues and other proceeds <br />from the Property. All amounts paid by the Subordinate Lender to the Senior Lender to <br />cure a Senior Loan Default shall be deemed to have been advanced by the Subordinate <br />Lender pursuant to, and shall be secured by the lien of, the Subordinate Security <br />Instrument. <br />(b) Cross Default. The Subordinate Lender agrees that, notwithstanding <br />any contrary provision contained in the Subordinate Loan Documents, a Senior Loan <br />Default shall not constitute a default under the Subordinate Loan Documents if no other <br />default occurred under the Subordinate Loan Documents until either (i) the Senior Lender <br />has accelerated the maturity of the Senior Loan, or (ii) the Senior Lender has taken <br />affirmative action to exercise its rights under the Senior Security Instrument to collect rent, <br />to appoint (or seek the appointment of) a receiver or to foreclose on (or to exercise a power <br />of sale contained in) the Senior. At any time after a Senior Loan Default is determined to <br />constitute a default under the Subordinate Loan Documents, the Subordinate Lender shall be <br />permitted to pursue its remedies for default under the Subordinate Loan Documents, subject <br />to the restrictions and limitations of this Agreement. If at any time the Borrower cures any <br />Senior Loan Default to the satisfaction of the Senior Lender, as evidenced by written notice <br />from the Senior Lender to the Subordinate Lender, any default under the Subordinate Loan <br />Documents arising from such Senior Loan Default shall be deemed cured and the <br />Subordinate Loan shall be retroactively reinstated as if such Senior Loan Default had never <br />occurred. <br />7. Conflict. <br />The Borrower, the Senior Lender and the Subordinate Lender each agrees that, in <br />the event of any conflict or inconsistency between the terms of the Senior Loan Documents, <br />the Subordinate Loan Documents and the terms of this Agreement, the terms of this <br />Agreement shall govern and control solely as to the following: (a) the relative priority of the <br />security interests of the Senior Lender and the Subordinate Lender in the Property; (b) the <br />timing of the exercise of remedies by the Senior Lender and the Subordinate Lender under <br />the Senior and the Subordinate Security Instrument, respectively; and (c) solely as between <br />the Senior Lender and the Subordinate Lender, the notice requirements, cure rights, and the <br />other rights and obligations which the Senior Lender and the Subordinate Lender have <br />agreed to as expressly provided in this Agreement. Borrower acknowledges that the terms <br />and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower's <br />time to cure any Senior Loan Default or Subordinate Loan Default, as the case may be; give <br />the Borrower the right to notice of any Senior Loan Default or Subordinate Loan Default, as <br />the case may be other than that, if any, provided, respectively under the Senior Loan <br />Documents or the Subordinate Loan Documents; or create any other right or benefit for <br />Borrower as against Senior Lender or Subordinate Lender. <br />REV: 12-06-18 VR <br />Page 9 of 21 <br />ATTY/AGR.2018.2741KDF Hallmark 18 <br />