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- Q_ �t��Q� are, together with any and all other instruments, documents or agreements�(including financing statements) evidencing, securing, guaranteeing or otherwise executed in connection with any of the Loans for the benefit of Lender, and any amendments thereto or extensions or modifications thereof heretofore or hereafter made, collectively referred to herein as the "Superior pocuments." B. The Borrower is indebted to Subordinating Creditor pursuant to certain loans by Subordinating Creditor to Borrower in the aggregate principal amount of $1,693,935.35 (the "Subordinate Loans"), which Subordinate Loans are or will be evidenced by promissory notes aggregating such principal sum as described in Exhibit $ hereto (the "Subordinate Notes") and a debt .agreement (the "Subordinate Debt Agreement"), and are or will be secured by certain mortgages, deeds of trust, assignments and security agreements as described in.�� hereto (the "Subordinate Security Documents") encumbering the Property and certain personal property. Subordinating Creditor is the holder and owner of the Subordinate Notes, Subordinate Debt Agreement and Subordinate Security Documents. Subordinating Creditor is also the seller of some or all of the Property to Borrower, and Borrower and Subordinating Creditor have in connection with such purchase and sale entered into one or more Option Agreements, Right of First Refusal Agreements, Debt Agreements and Real Estate Purchase and Sale Agreements, all as more particularly described in Exhibit B hereto. C. The proceeds of the Loans are being used for acquiring the Property and paying or refinancing certain costs of construction of improvements thereat and other costs and expenses relating to the Loans. D. Lender, as a condition to making the Loans and consenting to the Subordinate Loans and the documents executed in connection with the purchase, sale and Subordinate Loans, 4922863 2, •