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amounts paid by the Subordinate Lender to the County to cure a Senior Mortgage Loan <br />Default shall be deemed to have been advanced by the Subordinate Lender pursuant to, and <br />shall be secured by the lien of, the Subordinate Mortgages. <br /> <br /> (b) Cross Default. The Subordinate Lender agrees that, notwithstanding any <br />contrary provision contained in the Subordinate Loan Documents, a Senior Mortgage Loan <br />Default shall not constitute a default under the Subordinate Loan Documents if no other <br />default occurred under the Subordinate Loan Documents until either (i) the County has <br />accelerated the maturity of the Senior Mortgage Loan, or (ii) the County has taken affirmative <br />action to exercise its rights under the Senior Mortgage to collect rent, to appoint (or seek the <br />appointment of) a receiver or to foreclose on (or to exercise a power of sale contained in) the <br />Senior Mortgage. At any time after a Senior Mortgage Loan Default is determined to <br />constitute a default under the Subordinate Loan Documents, the Subordinate Lender shall be <br />permitted to pursue its remedies for default under the Subordinate Loan Documents, subject <br />to the restrictions and limitations of this Agreement. If at any time the Borrower cures any <br />Senior Mortgage Loan Default to the satisfaction of the County, as evidenced by written <br />notice from the County to the Subordinate Lender, any default under the Subordinate Loan <br />Documents arising from such Senior Mortgage Loan Default shall be deemed cured and the <br />Subordinate Loans shall be retroactively reinstated as if such Senior Mortgage Loan Default <br />had never occurred. <br /> <br /> 7. Conflict. <br /> <br /> The Borrower, the County and the Subordinate Lender each agrees that, in the event of any <br />conflict or inconsistency between the terms of the Senior Mortgage Loan Documents, the Subordinate <br />Loan Documents, and the terms of this Agreement, the terms of this Agreement shall govern and <br />control solely as to the following: (a) the relative priority of the security interests of the County and <br />the Subordinate Lender in the Property; (b) the timing of the exercise of remedies by the County and <br />the Subordinate Lender under the Senior Mortgage and the the Subordinate Mortgages, respectively; <br />and (c) solely as between the County and the Subordinate Lender, the notice requirements, cure rights, <br />and the other rights and obligations which the County and the Subordinate Lender have agreed to as <br />expressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this <br />Agreement shall not, and shall not be deemed to: extend Borrower's time to cure any Senior Mortgage <br />Loan Default or Subordinate Loan Default, as the case may be; give the Borrower the right to notice <br />of any Senior Mortgage Loan Default or Subordinate Loan Default, as the case may be other than <br />that, if any, provided, respectively under the Senior Mortgage Loan Documents, the Subordinate Loan <br />Documents; or create any other right or benefit for Borrower as against County or Subordinate <br />Lender. <br /> <br /> 8. Rights and Obligations of the Subordinate Lender Under the Subordinate Loan <br />Documents and of the County under the Senior Mortgage Loan Documents. <br /> <br />EXHIBIT 8