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� MBKl2774i.J72J6 O <br /> O <br /> ATTACHNIENT 4 <br /> � <br /> ! <br /> The parties hereto agree ihat the following co�cnants, terms and conditions shall be part t <br /> of each of the documents evidencing, securing, or governing the disbursement of the Loan (the 1 <br /> "Laan Documenu"), and that in the event of any inconsistency or conflict between the ( <br /> cnvenaatts, trrms and condit�ons of the Loan Documents and this Rida, the following covenants, � <br /> terms and condirioas shall control and prevail: <br /> a. Nonrecourae Ohligation. The Loan secured by tnis Deed of Trust is a <br /> nonrecourse obligation of Borrower. Neither Borrower nor any of its $eneral and limited i <br /> �,amiers nor any orher parry shall have any petsonal liabiliry for repayment uf the Loan. The so(e <br /> :ecourse of Lender under the Loan Agrcernent for repayment of the Loan shall be tho exercise of <br /> its rights against the Property and related security thereunder. <br /> i <br /> b. t;eneral Parfier Change. The withdrawal, removal, and/or re�lacement of a <br /> general partner of Borrower pursuant to the terms of iu Partnership Agreement shall not <br /> canstitute a default under any of the Loan Documenu, and any such acuons shall not accelente <br /> the maturity of the Loan, prnvided that a substitute generai partner that is a § 501(c)(3) nonprofit <br /> corporadon or a public ageacy and is acceptable to Lender is in place as a general partner prior ro � <br /> or concurrent with the withdrawal, removal, and/or replacement of the general partner. <br /> c. Monetary Default. If a monetary event of defauit occurs uader the terms of any <br /> of the Loan Documents, prior to exercising any remedies thereunde: Lender shall give Bortower <br /> and each of the general and limited partners of Borrower, as idenrified in the Pamiership <br /> A.greement, simultaaeous written notice of such default. Boaower shall have a period of ten <br /> (10) days after such notice is given wiihia which to cure the default prior to exercise of remedies <br /> by Lender under rhe Loan Documents, or such longer period of dme as may be specified in the <br /> Loan Documents. ' <br /> d. Nonmonetary Default. If a nonmonetary event of default occurs under the terms <br /> of any of the Loan Documents, prior to exercising any remedies thereunder Lender shall give <br /> Borrower and each of the general and limited partners of Borrower, as identified in the <br /> Partne:ship Agreement, simultaneous written notice of such defautt. If the nonmonetary default <br /> is rrasonably capable of being cured within thirty (30) days, Borrower shall have such period [o <br /> ef ect a cure prior to exercise of remedies by Lender under the Loan Documents, or such longer <br /> �zriod of time as may be specified in the Loan Documents. If the default is such that it is not <br /> reasonably capable of being cured wiLhin thirry (30) days or such longer period if so specified, <br /> and if Borrower in the reasonable determination of Lender (a) initiates correcrive acrion within j <br /> said period, and (b) in the reasenab!e determination of Lender dilieently, continually, and in � <br /> 1 <br /> good faith works to effeci a cure as soon as possible, then Borrower shall have such additional I <br /> time as Lender determines is reasonably necessary to cure the ,�efault prior to exercise of any � <br /> remedies by Lender. [f Borrower fails to take correcrive action or to cure the default within such I <br /> reasonable time, Lender shall give Borrower and each of the general and limited partners of � <br /> 104 <br /> �a�s:�ci i.sia <br />