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<br />16 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />with deductible amounts comparable to those on similar policies carried by other companies engaged in <br />businesses similar in size, character and other respects to those in which the procuring entity is engaged. <br />All property and casualty insurance policies required by Section 6.4(a) hereof shall contain a standard non- <br />contributory mortgagee clause showing the interest of the Funding Lender as first mortgagee and shall <br />provide for payment to the Funding Lender of the net proceeds of insurance resulting from any claim for <br />loss or damage thereunder. All policies of insurance required by Section 6.4(a) hereof shall provide for at <br />least thirty (30) days’ prior written notice of the restriction, cancellation or modification thereof to the <br />Funding Lender, with a copy to the Controlling Person. The policy evidencing liability insurance required <br />by Section 6.4(a) hereof shall name the Governmental Lender, the Controlling Person and the Funding <br />Lender as additional insureds. The Borrower acknowledges that a security interest in the policies of <br />property and casualty insurance required by Section 6.4(a) and the net proceeds thereof is being granted to <br />the Funding Lender pursuant to the Mortgage. Upon request of the Funding Lender, the Borrower will <br />assign and deliver (which assignment shall be deemed to be automatic and to have occurred upon the <br />occurrence of an Event of Default hereunder) to the Funding Lender, the policies of property and casualty <br />insurance required under Section 6.4(a), so and in such manner and form that the Funding Lender shall at <br />all times, upon such request and until the payment in full of the Governmental Note, have and hold said <br />policies and the net proceeds thereof as collateral and further security under the Mortgage for application <br />as provided in the Mortgage. The policies under Section 6.4(a) hereof shall contain appropriate waivers of <br />subrogation. <br />(c) Copies of the policy or certificate (or binder) of insurance required by Section <br />6.4(a) hereof shall be delivered to the Funding Lender, with a copy to the Controlling Person on or before <br />the Closing Date. The Borrower shall deliver to the Governmental Lender and the Funding Lender before <br />the first (1st) Business Day of each calendar year thereafter a certificate dated not earlier than the <br />immediately preceding month reciting that there is in full force and effect insurance of the types and in the <br />amounts required by this Section 6.4. Prior to the expiration of each such policy, the Borrower shall furnish <br />the Funding Lender, with a copy to the Controlling Person, with evidence that such policy has been renewed <br />or replaced or is no longer required by this Agreement. The Borrower shall provide such further information <br />with respect to the insurance coverage required by this Agreement as the Controlling Person may, from <br />time to time, reasonably require. <br />(d) The net proceeds of the property and casualty insurance carried pursuant to the <br />provisions of Section 6.4(a) hereof shall be applied as provided in the Mortgage and the net proceeds of the <br />liability insurance required by Section 6.4(a) hereof shall be applied, with the prior written consent of the <br />Controlling Person toward extinguishment or satisfaction of the liability with respect to which such <br />insurance proceeds may be paid. <br />Section 6.5 Compliance with Other Contracts and Funding Loan Documents. The Borrower <br />will comply with all of its covenants and agreements under the Funding Loan Documents to which it is a <br />party, as the same may hereafter be amended or supplemented from time to time, and each of such covenants <br />is incorporated herein by reference as if fully set forth herein. The Borrower acknowledges that the Funding <br />Loan Agreement imposes certain obligations upon the Borrower and the Borrower agrees to discharge such <br />obligations as if they were fully set forth herein (notwithstanding that the Borrower is not a party to the <br />Funding Loan Agreement). The Borrower shall comply with all of its covenants and agreements under the <br />Direct Note and the Subordinate Debt Documents. The Borrower shall comply in all material respects with, <br />or cause to be complied with, all requirements and conditions of all Material Contracts and insurance <br />policies which relate to the Borrower or the Project Facilities. <br />Section 6.6 Maintenance of Project Facilities. The Borrower will, at its sole expense and as <br />one of the Expenses (including use of the funds on deposit in the Accounts, in accordance with the terms <br />of the Funding Loan Agreement and the Replacement Reserve Agreement), (i) maintain and preserve the