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<br />37 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />Section 7.7 Cure by Investor Limited Partner. Notwithstanding anything to the contrary <br />contained herein, the Governmental Lender hereby agrees that any timely cure of any default made or <br />tendered by the Investor Limited Partner shall be deemed to be a cure by the Borrower, and shall be accepted <br />or rejected on the same basis as if made or tendered by the Borrower; provided, however, that neither the <br />Investor Limited Partner shall have any obligation or duty to take any action to cure any default or to cause <br />any default to be cured. <br />Section 7.8 Default Rate; Acceleration Premium. In the event there shall have occurred an <br />acceleration of the obligations of the Borrower hereunder following an Event of Default on or before the <br />First Par Call Date, any tender of payment of an amount necessary to satisfy the indebtedness evidenced by <br />this Agreement shall include the acceleration premium set forth in Section 2.3(c) hereof. In addition, in the <br />event that principal or interest payable hereunder is not paid when due, there shall be payable on the amount <br />not timely paid, interest at the Default Rate until the unpaid amount, together with interest thereon, shall <br />have been paid in full. <br />Section 7.9 Reserved Rights; Regulatory Agreement Defaults. <br />(a) Notwithstanding anything to the contrary contained herein, the Governmental <br />Lender may enforce its Reserved Rights under the Funding Loan Documents and exercise the permitted <br />remedies with respect thereto against the Borrower, subject to the provisions of subparagraph (c) below. <br />(b) If there shall have occurred and be then continuing an event of default under the <br />Regulatory Agreement which would, in the reasonable judgment of the Governmental Lender or the <br />Funding Lender, jeopardize the exclusion from gross income of interest on the Governmental Note (a <br />“Regulatory Agreement Default”) and such Regulatory Agreement Default remains uncured or unwaived <br />for a period of sixty (60) days after the Borrower, the Controlling Person and the Funding Lender receive <br />written notice from the Funding Lender or the Governmental Lender stating that a Regulatory Agreement <br />Default has occurred and specifying the nature of such default, then, if authorized by the Funding Loan <br />Documents, the Governmental Lender and the Funding Lender may, without the consent of the Controlling <br />Person or the Funding Lender, exercise the remedy of pursuing specific performance of the Funding Loan <br />Documents on account of such default, unless: <br />(i) The Governmental Lender and the Funding Lender, prior to the end of <br />such sixty (60) day period, are provided with an opinion of Bond Counsel to the effect that <br />the failure to cure such default will not have an adverse effect on the exclusion from gross <br />income for federal income tax purposes of interest on the Governmental Note (which <br />opinion may be requested and obtained by the Controlling Person or the Funding Lender); <br />(ii) The Controlling Person, the Funding Lender or the Borrower institutes <br />action to cure such Regulatory Agreement Default within such sixty (60) day period and <br />diligently pursues such action thereafter until such Regulatory Agreement Default is cured; <br />or <br />(iii) If such Regulatory Agreement Default is not reasonably curable by the <br />Controlling Person or the Funding Lender without the Funding Lender’s first securing <br />possession of the Project Facilities and/or operational control of the Borrower and the <br />Controlling Person or the Funding Lender (subject to extension during any stay on account <br />of the bankruptcy of the Borrower) (x) instructs the Funding Lender, subject to the terms <br />of the Funding Loan Agreement, to institute, within such sixty (60) day period, proceedings <br />or other action for the purposes of obtaining such possession or control pursuant to the <br />Funding Loan Documents; (y) thereafter instructs the Funding Lender, pursuant to the