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6.A. - Page 49 of 66 <br />Affiliate of the Borrower. The Subordinate Lender represents that it is not in possession of any <br />facts which would lead it to believe that the Senior Lender is an Affiliate of the Borrower. <br />(c) Term. The Subordinate Lender and Borrower each represent that the term <br />of the Subordinate Note does not end before the term of the Senior Note. <br />(d) Subordinate Loan Documents. Borrower represents that is has delivered <br />to Senior Lender the executed copy of each of the Subordinate Loan Documents, certified to be <br />true, correct and complete. On the basis of Borrower's representation, the Subordinate Lender <br />represents that the Borrower has delivered to Senior Lender the executed copy of each of the <br />Subordinate Loan Documents, certified to be true and correct. <br />(e) Senior Loan Documents. Borrower represents that upon execution and <br />delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an <br />executed copy of each of the Senior Loan Documents, certified to be true, correct and complete. <br />The Subordinate Lender represents that it shall request delivery to it by Borrower of an executed <br />copy of each of the Senior Loan Documents, certified to be true, correct and complete. <br />4. Terms of Subordination. <br />(a) Agreement to Subordinate. The Senior Lender and the Subordinate <br />Lender agree that: (i) the indebtedness evidenced by the Subordinate Loan Documents is and <br />shall be subordinated in right of payment, to the extent and in the manner provided in this <br />Agreement, to the prior payment in full of the indebtedness evidenced by the Senior Loan <br />Documents, and (ii) the Subordinate Security Instrument and the other Subordinate Loan <br />Documents are and shall be subject and subordinate in all respects to the liens, terms, covenants <br />and conditions of the Senior Security Instrument and the other Senior Loan Documents and to all <br />advances heretofore made or which may hereafter be made pursuant to the Senior Security <br />Instrument and the other Senior Loan Documents (including but not limited to, all sums <br />advanced for the purposes of (1) protecting or further securing the lien of the Senior Security <br />Instrument, curing defaults by the Borrower under the Senior Loan Documents or for any other <br />purpose expressly permitted by the Senior Security Instrument, or (2) constructing, renovating, <br />repairing, furnishing, fixturing or equipping the Property). <br />(b) Subordination of Subrogation Rights. The Subordinate Lender agrees <br />that if, by reason of its payment of real estate taxes or other monetary obligations of the <br />Borrower, or by reason of its exercise of any other right or remedy under the Subordinate Loan <br />Documents, it acquires by right of subrogation or otherwise a lien on the Property which (but for <br />this subsection) would be senior to the lien of the Senior Security Instrument, then, in that event, <br />such lien shall be subject and subordinate to the lien of the Senior Security Instrument. <br />(c) Payments Before Senior Loan Default. Until the Subordinate Lender <br />receives a Default Notice of a Senior Loan Default from the Senior Lender, the Subordinate <br />Lender shall be entitled to retain for its own account all payments made under or pursuant to the <br />Subordinate Loan Documents. <br />(d) Payments After Senior Loan Default. The Borrower agrees that, after it <br />receives notice (or otherwise acquires knowledge) of a Senior Loan Default, it will not make any <br />03-30-2020 PR <br />ATfY/AGR.2020.060/KDF Communities / Citibank (Page 6 of 21) 203 <br />