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<br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM
<br />with the transactions contemplated hereby or thereby, including the issuance, sale or resale, defeasance or
<br />prepayment of the Governmental Note;
<br />(b) any breach by the Borrower of any representation, warranty, covenant, term or
<br />condition in, or the occurrence of any default under, this Agreement or the other Funding Loan Documents,
<br />including all reasonable fees or expenses resulting from the settlement or defense of any claims or liabilities
<br />arising as a result of any such breach or default or any Determination of Taxability;
<br />(c) the involvement of any of the Indemnified Parties in any legal suit, investigation,
<br />proceeding, inquiry or action as a consequence, direct or indirect, of the Controlling Person or the Funding
<br />Lender’s actions taken pursuant to this Agreement or any of the other Funding Loan Documents or any
<br />other event or transaction contemplated by any of the foregoing;
<br />(d) any untrue statement or alleged untrue statement made by the Borrower and
<br />contained or incorporated by reference in any offering or reoffering materials prepared in respect of the
<br />Governmental Note, or any supplement or amendment thereof, or the omission or alleged omission to state
<br />therein a material fact necessary to make such statements in light of the circumstances in which they are or
<br />were made not misleading;
<br />(e) the acceptance or administration of the Funding Loan Documents or the Security
<br />Interests thereunder or the performance of duties under the Funding Loan Documents or any loss or damage
<br />to property or any injury to or death of any person that may be occasioned by any cause whatsoever
<br />pertaining to the Project Facilities or the use thereof, including without limitation any lease thereof or
<br />assignment of its interest in this Agreement;
<br />(f) any act or omission of the Borrower or any of its agents, contractors, servants,
<br />employees or licensees in connection with the Advances or the Project Facilities, the operation of the Project
<br />Facilities, or the condition, environmental or otherwise, occupancy, use, possession, conduct or
<br />management of work done in or about, or from the planning, design, acquisition or construction of, the
<br />Improvements or any part thereof;
<br />(g) any Lien (other than a Permitted Encumbrance) or charge upon payments by the
<br />Borrower to the Governmental Lender, the Fiscal Agent and the Funding Lender hereunder, or any taxes
<br />(including, without limitation, all ad valorem taxes and sales taxes), assessments, impositions and other
<br />charges imposed on the Governmental Lender, the Fiscal Agent, or the Funding Lender in respect of any
<br />portion of the Project Facilities;
<br />(h) any violation or alleged violation of any applicable law or regulation including,
<br />without limitation, any Environmental Law or any inspection, review or testing with respect to,
<br />Contamination or Environmentally Sensitive Areas;
<br />(i) the enforcement of, or any action taken by the Governmental Lender, the Fiscal
<br />Agent, the Funding Lender or any Indemnified Party, related to remedies under, this Agreement, the
<br />Funding Loan Agreement and the other Funding Loan Documents;
<br />(j) any action, suit, claim, proceeding, audit, inquiry, examination, or investigation of
<br />a judicial, legislative, administrative or regulatory nature concerning or related to interest payable on the
<br />Governmental Note not being excludable from gross income for purposes of federal income taxation or
<br />exempt from state income taxation;
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