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y�g- 1t;4�UU <br /> Borrower and Subordinating Creditor agree to execute and deliver"�and file or record, upon <br /> Lender's request, such other amendments, documents or instruments as Lender may request to <br /> evidence the terms of this Agreement. <br /> 13. Other Term ; ' r�, The subordination contained herein is absolute, and no <br /> action or inaction by Lender or any other person or entity shall affect this subordination. <br /> Subordinating Creditor consents to Lender's right to appointment of a receiver upon any Event <br /> of Default under the Superior Loan Documents, waives and relinquishes any and all rights it may <br /> have, whether at law or equity, to require Lender to proceed to enforce or exercise any rights, <br /> powers and remedies it may have under the Superior pocuments in any particular manner, in any <br /> particular order, or in any particular state or other jurisdiction and waives and releases all rights <br /> Subordinating Creditor may have with respect to valuation, appraisement, marshalling, stay of <br /> execution, and extension. Subordinating Creditor acknowledges and agrees that the Superior Loan <br /> Documents contain provisions for cross-collateralization and cross-default. In the event of the <br /> repayment (except for regular monthly principal payments made pursuant to each of the Notes) <br /> or prepayment of one or more of the Notes or the sale, refinancing, foreclosure or any other <br /> disposition of any collateral for the Obligations or any part of such collateral (collectively, such <br /> > <br /> repayment, prepayment, sale, refinancing, foreclosure or such other disposition being herein <br /> referred to as "Disposition"), then the proceeds of such Disposition shall be applied by the Lender, <br /> in its discretion, to the Obligations in any order or manner the Lender may elect, whether or not <br /> any of said Obligations are then due until each of such Obligations is paid in full. It is the <br /> intention of the parties to this Agreement that the collateral shall be security and collateral for the <br /> payment and performance of all Obligations and that no rights of Lender under this Agreement <br /> 492286.3 16 <br />