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Indebtedness had not been made, but ifall ofthe Property shall have been reconveyed ofrecord from the lien ofthe Senior Deed of Trust, such reinstatement shall not impose liability for action taken or omitted by any person without notice thereof. f. In addition to the limitations set forth above, Subordinate Lender agrees that, in the aggregate, the Subordinate Indebtedness will be payable solely from not more than 75Yo of Surplus Cash while the Senior Indebtedness remains outstanding. 4. SUBORDINATION OF SUBORDINATE LOAN DOCUMENTS. a. The Subordinate Deed of Trust and each of the other Subordinate Loan Documents, as they affect the Property and the Partnership's interest therein, are, and shall at all times remain, subject and subordinate in all respects to the Senior Deed of Trust and the other Senior Loan Documents, provided, that so long as the Subordinate Deed of Trust encumbers the Property, the Subordinate Lender shall retain the right to enforce its Subordinate Loan Documents except as restricted by the terms of this Agreement. b. The subordination of the Subordinate Loan Documents shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Deed of Trust and other Senior Loan Documents and of any Subordinate Deed of Trust and other Subordinate Loan Documents, (ii) the availability of any collateral to the Senior Lender, including the availability of any collateral other than the Property. c. All rights and claims of the Subordinate Lender under its Subordinate Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereofl the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of the Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto. d. If the Subordinate Lendero by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by the Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Subordinate Indebtedness and the Subordinate Loan Documents are subordinate pursuant to this Agreement. 5. ADDITIONAL REPRESENTATIONS AND COVENANTS. a. The Subordinate Lender represents and warrants, as to itself only and for the benefit of Senior Lender, that, as of the date of this Agreement, (i) it is now the Priority and Subordination Agreement t2 Teanaway Court