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Priority and Subordination Agreement 18 Teanaway Court Senior Lender under the Senior Loan Documents by reason of the Subordinate Lender having cured any Senior Loan Default. However, the Senior Lender acknowledges and the Partnership agrees that all amounts paid by the Subordinate Lender to the Senior Lender to cure a Senior Loan Default shall be deemed to have been advanced by such Subordinate Lender pursuant to, and shall be secured by the lien of, such Subordinate Lender’s Subordinate Deed of Trust. c. In the event of a Subordinate Loan Default, no Subordinate Lender will commence any Enforcement Action until the delivery by the Senior Lender, to such Subordinate Lender of Senior Lender’s written consent to such Enforcement Action by the Subordinate Lender, provided that (i) the Subordinate Lender shall be entitled to seek injunctive relief, including specific performance, to enforce covenants and agreements contained in any Restrictive Covenant, subject to the Senior Lender’s right to cure a Subordinate Loan Default set forth in Section 6(a); and (ii) if ninety (90) days after notice from the Subordinate Lender to the Senior Lender of a default on the Subordinate Loan Documents and of the Subordinate Lender’s desire to pursue an Enforcement Action, the Senior Lender shall not have commenced proceedings to foreclose on the Senior Deed of Trust, or if one year after such notice there has not been a sale pursuant to the Senior Deed of Trust or a Bankruptcy Proceeding, then, subject to the cure rights herein, the Subordinate Lender may commence and pursue remedies against the Property, including without limitation foreclosure judicially or nonjudicially and/or seeking appointment of a receiver if the Senior Lender shall not already have caused a receiver to be appointed. Any sale or other action under a Subordinate Deed of Trust shall be subject to the lien of the Senior Deed of Trust, and Subordinate Lender shall not cause any lease to be terminated by such foreclosure without the express written consent of the Senior Lender. The Subordinate Lender acknowledges that the Senior Lender may grant or refuse consent to the Subordinate Lender’s Enforcement Action in the Senior Lender’s sole and absolute discretion. Any Enforcement Action on the part of such Subordinate Lender shall be subject to the provisions of this Agreement. The Subordinate Lender acknowledges that the provisions of this Section 6(c) are fair and reasonable under the circumstances, that Subordinate Lender expects to receive a substantial benefit from the Senior Lender having provided financing for the Property, and that the Senior Lender would not have entered into the transactions described herein without the inclusion of these provisions in this Agreement. d. The Senior Lender may pursue all rights and remedies available to it under its Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by the Subordinate Lender. No action or failure to act on the part of the Senior Lender in the event of a Subordinate Loan Default or commencement of an Enforcement Action shall constitute a waiver