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8 . <br /> Attachment D <br /> MORTGAGE LOAN RIDER <br /> This Rider is attached to and made a part of the HOME Loan Agreement, promissory <br /> note, deed of trust or other document(s) evidencing, securing, and governing a loan in the <br /> amount of Thirty Thousand Dollars and 00/100 Dollars ($30,000.00) (the "Loan") made by the <br /> City of Everett ("Lender") to Monte Cristo Partners, L.P. ("Borrower") for the rehabilitation of the <br /> Monte Cristo Apartments (the "Project"). The form of this Rider has been designed for use when <br /> Borrower is a limited partnership. Accordingly, the limited partnership developing the Project, <br /> whether or not identified as Borrower, is sometimes referred to herein as the "Partnership". The <br /> Amended and Restated Partnership Agreement forming or continuing the Partnership is referred <br /> to herein as the"Partnership Agreement". <br /> The parties hereto agree that the following covenants, terms, and conditions shall be part <br /> of and shall modify or supplement each of the documents evidencing, securing, or governing the <br /> disbursement of the Loan (the "Loan Documents"), and that in the event of any inconsistency or <br /> conflict between the covenants, terms, and conditions of the Loan Documents and this Rider, <br /> the following covenants, terms, and conditions shall control and prevail: <br /> 1. Non-recourse Obligation. The Loan is a non-recourse obligation of Borrower. <br /> Notwithstanding any other provision hereof or of any other instrument relating to or securing <br /> the Loan, Archdiocesan Housing Authority and its assigns and their respective officers, <br /> directors, employees, partners or members, shall not have any personal liability for the <br /> indebtedness evidenced hereby or any deficiency judgment, and upon the occurrence of a <br /> default or event of default under the Loan, the sole recourse of Lender under the Loan <br /> Documents for repayment of the Loan shall be the exercise of its rights against the Project and <br /> related security thereunder. <br /> 2. Member Changes. The withdrawal, removal, and/or replacement of a <br /> general partner of the Partnership pursuant to the terms of the Partnership Agreement shall <br /> not constitute a default under any of the Loan Documents, and any such actions shall not <br /> accelerate the maturity of the Loan, PROVIDED, that any required substitute general <br /> partner is reasonably acceptable to Lender and is selected with reasonable promptness. <br /> The assignment of an investor limited partner interest shall not constitute a default under <br /> any of the Loan Documents nor require the consent of Lender. <br /> 3. Monetary Default. If a monetary event of default occurs under the terms of any <br /> of the Loan Documents, prior to exercising any remedies thereunder Lender shall give Borrower <br /> and each partner of the Partnership, as identified in the Partnership Agreement, simultaneous <br /> written notice of such default. The Secretary/Treasurer of the General Partner shall be <br /> responsible for providing Lender with the current names and notice addresses for the <br /> partners of the Partnership, including notification of changes in the names or notice <br /> addresses of the partners. Borrower shall have a period of ten (10) days after such notice is <br /> given within which to cure the default prior to exercise of remedies by Lender under the Loan <br /> Documents, or such longer period of time as may be specified in the Loan Documents. <br /> E - 1 <br /> 3 0 <br />