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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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contrary herein, the Covenants shall be a lien on the Property superior to the lien of the Senior <br />Security Instrument. <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 />payments under or pursuant to the Subordinate Loan Documents (including but not limited to <br />principal, interest, additional interest, late payment charges, default interest, attorney's fees, or <br />any other sums secured by the Subordinate Security Instrument) without the Senior Lender's <br />prior written consent. The Subordinate Lender agrees that, after it receives a Default Notice from <br />the Senior Lender with written instructions directing the Subordinate Lender not to accept <br />payments from the Borrower on account of the Subordinate Loan, it will not accept any <br />payments under or pursuant to the Subordinate Loan Documents (including but not limited to <br />principal, interest, additional interest, late payment charges, default interest, attorney's fees, or <br />any other sums secured by the Subordinate Security Instrument) without the Senior Lender's <br />prior written consent. If the Subordinate Lender receives written notice from the Senior Lender <br />that the Senior Loan Default which gave rise to the Subordinate Lender's obligation not to accept <br />payments has been cured, waived, or otherwise suspended by the Senior Lender, the restrictions <br />on payment to the Subordinate Lender in this Section 4 shall terminate, and the Senior Lender <br />shall have no right to any subsequent payments made to the Subordinate Lender by the Borrower <br />prior to the Subordinate Lender's receipt of a new Default Notice from the Senior Lender in <br />accordance with the provisions of this Section 4(d). <br />(e) Remitting Subordinate Loan Payments to Senior Lender. If, after the <br />Subordinate Lender receives a Default Notice from the Senior Lender in accordance with <br />subsection (d) above, the Subordinate Lender receives any payments under the Subordinate Loan <br />Documents, the Subordinate Lender agrees that such payment or other distribution will be <br />received and held in trust for the Senior Lender and unless the Senior Lender otherwise notifies <br />the Subordinate Lender in writing, will be promptly remitted, in kind, to the Senior Lender, <br />properly endorsed to the Senior Lender, to be applied to the principal of, interest on and other <br />amounts due under the Senior Loan Documents in accordance with the provisions of the Senior <br />Loan Documents. By executing this Agreement, the Borrower specifically authorizes the <br />Subordinate Lender to endorse and remit any such payments to the Senior Lender and <br />specifically waives any and all rights to have such payments returned to the Borrower or credited <br />against the Subordinate Loan. Borrower and Senior Lender acknowledge and agree that <br />payments received by the Subordinate Lender, and remitted to the Senior Lender under this <br />REV: 06-24-2020 PR <br />ATTY/AGR.2020.105/353 Main Street Apartments, LP & Citibank, N.A. (Page 6 of 18) <br />
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