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<br />28 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />such jurisdiction has been assumed by leaving the existing governing body and officials or <br />officers in possession but subject to the supervision and orders of a court or governmental <br />authority, or the entry of an order confirming a plan of reorganization, arrangement or <br />liquidation by a court or governmental authority having supervision or jurisdiction over <br />substantially all of the assets or business of the Borrower; <br />(13) the consummation of a merger, consolidation, or acquisition <br />involving the Borrower or the sale of all or substantially all of the assets of the Borrower, <br />other than in the ordinary course of business, the entry into a definitive agreement to <br />undertake such an action or the termination of a definitive agreement relating to any such <br />actions, other than pursuant to its terms, if material; <br />(14) appointment of a successor or additional trustee/fiscal agent or <br />paying agent or the change of the name of a trustee/fiscal agent or paying agent, if material; <br />(15) Incurrence of a financial obligation of the Borrower or obligated <br />person, if material, or agreement to covenants, events of default, remedies, priority rights <br />or other similar terms of a financial obligation of the Borrower or obligated person, any of <br />which affect security holders, if material; and <br />(16) Default, event of acceleration, termination event, modification of <br />terms or other similar events under the terms of the financial obligation of the Borrower or <br />obligated person, any of which reflect financial difficulties <br />(e) Whenever the Borrower obtains knowledge of the occurrence of a potential <br />Material Event, the Borrower shall, within ten (10) Business Days of obtaining such knowledge and in any <br />event no more than fifteen (15) Business Days after the occurrence of such event, determine if such event <br />is in fact a Material Event that would be required by the Rule to be disclosed. <br />(f) If the Borrower has determined that a Material Event is required to be disclosed <br />then the Borrower shall prepare a written notice describing the Material Event and provide the same to the <br />Funding Lender no more than fifteen (15) Business Days after the occurrence of the Material Event. <br />Section 6.22 Use of Proceeds. The Borrower agrees that the proceeds of the Governmental Note <br />will be allocated exclusively to pay Project Costs and that, for the greatest possible number of buildings, <br />the proceeds of the Funding Loan will be allocated on a pro rata basis to each building in the Project <br />Facilities and the land on which such building is located, so that each building and the land on which it is <br />located will have been financed twenty-five percent (25%) or more by the proceeds of the Governmental <br />Note for the purpose of complying with Section 42(h)(4)(B) of the Code. <br />Section 6.23 Compliance With Anti-Terrorism Regulations. Neither the Borrower, the General <br />Partner nor any Person holding any legal or beneficial interest whatsoever in the Borrower shall at any time <br />during the Term be described in, covered by or specially designated pursuant to or be affiliated with any <br />Person described in, covered by or specially designated pursuant to Executive Order 13224 —Blocking <br />Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support <br />Terrorism, as amended, or any similar list issued by OFAC or any other department or agency of the United <br />States of America. Notwithstanding the foregoing, the Borrower and the General Partner hereby each <br />confirm that if it becomes aware or receives any notice of any violation of the foregoing covenant and <br />agreement (an “OFAC Violation”), the Borrower or the General Partner, as applicable, will immediately (i) <br />give notice to the Controlling Person of such OFAC Violation, and (ii) comply with all Legal Requirements <br />applicable to such OFAC Violation, including, without limitation, Executive Order 13224; the International