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2009_1207_Packet
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2009_1207_Packet
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12/14/2009 8:28:47 AM
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Loan, (iii) it will not enter into any other document for such Loan that would adversely impact <br />any other party or parties hereto without the prior written consent of such party or parties, (iv) <br />any existing document or documents that may come into existence in the future to which a party <br />hereto is or becomes a party or from which a party hereto obtains a benefit that is different from <br />the benefits that the other parties hereto have received or will receive, and that is not listed in the <br />Loan Documents set forth herein for such Loan, shall be of no force or effect until approved and <br />consented to in writing by all of the parties hereto upon which such document has, or will have, <br />an adverse effect, and upon such written approval, such document(s) shall be automatically <br />considered to be included in the Exhibit hereto setting forth the Loan Documents for such Loan. <br />The other parties hereto shall execute any document that may reasonably be requested in order to <br />include such document in such Exhibit. Notwithstanding the foregoing provisions of this Section <br />3, the U.S. Bank Loan Documents may be amended by the Borrower and U.S. Bank without the <br />prior written consent of any of the Subordinate Lenders if the proposed amendments would not <br />have a material adverse impact on the Subordinate Lenders, provided the Borrower shall deliver <br />copies of all amendments of the amended U.S. Bank Loan Documents to the Subordinate <br />Lenders. <br />4. Subordination of Loans and Loan Documents. Except as specifically provided <br />below, each party hereto agrees to the following priority for the provisions contained in the Loan <br />Documents and any and all liens and/or encumbrances created thereby and subordinates its <br />respective Loan Documents and liens and/or encumbrances created thereby to those Loan <br />Documents and liens and/or encumbrances that are listed as having a priority over its Loan <br />Documents and liens and/or encumbrances created thereby: <br />Loan Documents and <br />Liens and/or Encumbrances <br />Created Therebv <br />U. S. Bank Loan Documents <br />End Loan Documents <br />TCAP Loan Documents <br />County HRA Loan Documents <br />First City HRA Loan Documents <br />Second City HRA Loan Documents <br />FHF Loan Documents <br />LCDA/TBRA Loan Documents <br />Partv to the Loan Documents and <br />Holder of Liens and/or <br />Encumbrances Created Therebv <br />E <br />U.S. Bank <br />MHFA <br />MHFA <br />County HRA <br />City HRA <br />City HRA <br />FHF <br />City <br />Order of <br />Prioritv <br />First <br />Second <br />Third <br />Fourth <br />Fifth <br />Sixth <br />Seventh <br />Eighth <br />
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