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Subordination Agreement
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Subordination Agreement
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Last modified
11/19/2021 12:58:03 PM
Creation date
11/19/2021 12:57:15 PM
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Agreement
Contractor Name
Subordination Agreement
PROJECT NAME
353 Main Street
Date
7/13/2020
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subordinate in all respects to the lien of the Senior Security Instrument) to secure the Borrower's <br />obligation to repay the Subordinate Note and all other obligations, indebtedness and liabilities of <br />the Borrower to the Subordinate Lender under and in connection with the Subordinate Loan. <br />Such permission is subject to the condition that each of the representations and warranties made <br />by the Borrower and the Subordinate Lender in Section 3 is true and correct on the date of this <br />Agreement. If any of the representations and warranties made by the Borrower and the <br />Subordinate Lender in Section 3 is not true and correct, the provisions of the Senior Loan <br />Documents applicable to unpermitted liens on the Property shall apply. <br />3. Borrower's and Subordinate Lender's Representations and Warranties. <br />The Borrower and the Subordinate Lender, as applicable, make the following <br />representations and warranties to the Senior Lender: <br />(a) Relationship of Borrower to Subordinate Lender. The Subordinate <br />Lender and Borrower each represent that the Subordinate Lender is not an Affiliate of the <br />Borrower. <br />(b) Relationship of Borrower to Senior Lender. The Borrower represents <br />that it is not in possession of any facts which would lead it to believe that the Senior Lender is an <br />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 eacli of the Subordinate Loan Documents and the <br />Covenants, certified to be true. correct and complete. <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 />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 Iien 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). Notwithstanding anything to the <br />REV: 06-24-2020 PR <br />ATTY/AGR.2020.105/353 Main Street Apartments, LP & Citibank, N.A. (Page 5 of 18) <br />
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