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201603850 <br />Documents to collect rent, to appoint (or seek the appointment of) a receiver or to foreclose on <br />(or to exercise a power of sale contained in) the Senior Loan Documents. If at any time <br />Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, any default under <br />the Subordinate Loan Documents arising from such Senior Loan Default shall be deemed cured <br />and the Subordinate Loan shall be retroactively reinstated as if such Senior Loan Default had <br />never occurred. <br />9. Conflict. <br />Borrower and Subordinate Lender each agrees that, in the event of any conflict or <br />inconsistency between the terms of the Subordinate Loan Documents and the terms of this <br />Agreement, the terms of this Agreement shall control. Borrower acknowledges that the terms <br />and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower's time <br />to cure any Senior Loan Default or Subordinate Loan Default, as the case may be; give Borrower <br />the right to notice of any Senior Loan Default or Subordinate Loan Default, as the case may be <br />other than that, if any, provided, respectively under the Senior Loan Documents or the <br />Subordinate Loan Documents; or create any other right or benefit for Borrower as against Senior <br />Lender or Subordinate Lender. <br />10. Rights and Obligations of Subordinate Lender Under the Subordinate Loan <br />Documents. <br />Subject to each of the other terms of this Agreement, all of the following provisions shall <br />supersede any provisions of the Subordinate Loan Documents covering the same subject matter: <br />(a) Subordinate Loan Notices. <br />Subordinate Lender shall deliver to Senior Lender a copy of each notice which it delivers <br />to Borrower in connection with the Subordinate Loan simultaneously with the delivery of such <br />notice to Borrower. <br />(b) Protection of Security Interest. <br />Subordinate Lender shall not, without the prior written consent of Senior Lender in each <br />instance, (1) take any action which has the effect of increasing the indebtedness outstanding <br />under, or secured by, the Subordinate Loan Documents, except that Subordinate Lender shall <br />have the right to advance funds pursuant to the Subordinate Loan Documents for the purpose of <br />paying real estate taxes and insurance premiums, making necessary repairs to the <br />Mortgaged Property and curing other defaults by Borrower under the Subordinate Loan <br />Documents, or (2) appear in, defend or bring any action to protect its interest in the Mortgaged <br />Property. <br />(c) Condemnation or Casualty. <br />Following the occurrence of (1) a Condemnation Action, or (2) a fire or other casualty <br />resulting in damage to all or a portion of the Mortgaged Property (collectively, a "Casualty "), at <br />Subordination Agreement (Conventional) <br />Fannie Mae <br />Form 6414 <br />08 -14 <br />Page 10 <br />© 2014 Fannie Mae <br />