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5 <br />restriction on payment imposed by this paragraph shall not excuse any default caused by <br />the failure of the Borrower to pay the indebtedness evidenced by the Subordinate Note. <br />(c) Relationship of Borrower to Subordinate Lender. Subordinate Lender <br />is not an Affiliate of Borrower. <br />(d) Term. The term of the Subordinate Note does not end before the term of <br />the Senior Note. <br />(e) Subordinate Loan Documents. The executed Subordinate Loan <br />Documents are substantially in the same forms as those submitted to, and approved by, <br />HUD prior to the date of this Agreement. Upon execution and delivery of the Subordinate <br />Loan Documents, Borrower shall deliver to Senior Lender an executed copy of each of <br />the Subordinate Loan Documents, certified to be true, correct and complete. <br />(f) Senior Loan Documents. The executed Senior Loan Documents are the <br />same forms as approved by HUD prior to the date of this Agreement. 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 <br />complete. <br />4. Deliveries. <br />Borrower shall submit the following items to Senior Lender and HUD not later than ten <br />(10) Business Days after the date of the initial disbursement of proceeds of the Subordinate <br />Loan. <br />(a) Title Evidence. Evidence of title (title policy or title policy endorsement, <br />as appropriate) insuring the lien of the Senior Security Instrument which insures that (i) <br />the lien of the Subordinate Mortgage is subordinate to the lien of the Senior Mortgage, <br />and (ii) this Agreement has been recorded among the applicable land records. <br />(b) Certification. A certification from Borrower and Subordinate Lender to <br />HUD that the Subordinate Loan Documents do not contain any changes from the <br />Subordinate Loan Documents submitted to, and approved by, HUD, before the date of <br />this Agreement. <br />(c) Loan Documents. A complete set of the Subordinate Loan Documents. <br />5. Terms of Subordination. <br />(a) Agreement to Subordinate. Senior Lender and Subordinate Lender agree <br />that: (i) the indebtedness evidenced by the Subordinate Loan Documents is and shall be <br />subordinated in right of payment, to the extent and in the manner provided in this <br />Agreement, to the prior payment of the indebtedness evidenced by the Senior Loan <br />Documents, and (ii) the Subordinate Mortgage and the other Subordinate Loan <br />Documents are and shall be subject and subordinate in all respects to the liens, terms, <br />covenants and conditions of the Senior Security Instrument and the other Senior Loan <br />US.113590860.01 <br />