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Priority and Subordination Agreement 13 Teanaway Court owner and holder of its Subordinate Loan Documents; (ii) its Subordinate Loan Documents have not been modified or amended; (iii) the Subordinate Lender has no actual knowledge of any material Subordinate Loan Default, and has not given notice of, any Subordinate Loan Default, that has occurred under its Subordinate Loan Documents; (iv) no scheduled monthly payments under its Subordinate Note, if applicable, have been prepaid more than ten (10) days in advance of their respective due dates; and (v) to the Subordinate Lender’s actual knowledge, none of the rights of such Subordinate Lender under any of its Subordinate Loan Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise, except for matters of record in the official public land records of Kittitas County, Washington, maintained by the Kittitas County Auditor or in filings made under the Uniform Commercial Code. b. Without the prior written consent of the Senior Lender, the Subordinate Lender shall not (i) amend, modify, renew or replace any provision of any of its Subordinate Loan Documents in a manner that results in or requires any earlier or greater payments thereunder or materially increases the obligations of Partnership thereunder or creates any additional defaults under such Subordinate Loan Documents; (ii) terminate any of its Subordinate Loan Documents, or (iii) pledge, assign, transfer, convey, or sell any interest in its Subordinate Indebtedness to any party that is not a governmental or quasi-governmental authority; (iv) accept any payment on account of its Subordinate Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof (and the aggregate of which is not in excess of 75% of then available Surplus Cash) or as expressly authorized in Sections 3 and 5(h); or (iv) take any action concerning environmental matters affecting the Property. c. The Subordinate Lender will deliver to Senior Lender a copy of each Enforcement Action Notice delivered by that Subordinate Lender pursuant to the Subordinate Loan Documents or in connection with the Subordinate Indebtedness, simultaneously with Subordinate Lender’s delivery of such Enforcement Action Notice. The Subordinate Lender shall not take action to enforce its Subordinate Loan Documents against the Partnership or the Property until it has delivered to the Senior Lender a copy of a notice declaring a Subordinate Loan Default and stating its intent to take Enforcement Action, or until the expiration, without cure of the applicable Subordinate Loan Default, of the applicable cure period in Section 6 below. The Senior Lender shall deliver to the Subordinate Lender in the manner required in Section 8(e) a copy of each notice of a Senior Loan Default delivered by the Senior Lender. Neither giving nor failing to give a notice to the Senior Lender or the Subordinate Lender pursuant to this Section 5(c) shall affect the validity of any notice given by the