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52 Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM (x) an involuntary bankruptcy or other involuntary insolvency proceeding is commenced against the Borrower or the General Partner (by a party other than the Funding Lender or the Noteowner) but only if the Borrower or the General Partner, as applicable, has failed to use commercially reasonable efforts to dismiss such proceeding or has consented to such proceeding. “Commercially reasonable efforts” will not require any direct or indirect interest Noteowners in the Borrower or the General Partner to contribute or cause the contribution of additional capital to the Borrower or the General Partner. (d) The Borrower and the Guarantor shall have full recourse and personal liability for all of the following: (i) the performance of and compliance with all of Borrower’s obligations under Sections 5.12 and 6.14 of this Agreement (relating to environmental matters) or the Borrower’s failure to comply with the provisions of the Environmental Indemnity; (ii) the costs of any audit under Section 6.8 of this Agreement; (iii) any costs and expenses incurred by the Governmental Lender, the Controlling Person and the Funding Lender in connection with the collection of any amount for which Borrower is personally liable under this Section 10.13, including attorneys’ fees and costs and the costs of conducting any independent audit of Borrower’s books and records to determine the amount for which Borrower has personal liability; and (iv) Borrower’s indemnity obligations pursuant to Section 2.5 and 10.12. (e) Further, nothing contained in this Section shall be deemed to limit, vary, modify or amend any obligation owed under any guaranty, master lease or indemnification agreement, including the Environmental Indemnity and the other guaranty agreements of the Guarantors, furnished in connection with financing of the acquisition, construction and equipping of the Project Facilities, recourse under which is not, by its terms, expressly limited in accordance with this Section 10.13. (f) Notwithstanding anything to the contrary, Governmental Lender, Funding Lender, Controlling Person and Noteowners shall not be deemed to have waived any right such Persons may have under Section 506(a), 506(b), 1111(b) or any other provisions of the Bankruptcy Code to file a claim for the full amount of Borrower’s and Guarantor’s Obligations under the Funding Loan Documents or to require that all collateral shall continue to secure all Obligations under the Funding Loan Documents. Section 10.14 Publicity. The Borrower hereby authorizes the Controlling Person or the Funding Lender and their respective affiliates, without further notice or consent, to use the Borrower’s and its affiliates’ name(s), logo(s) and photographs related to the Project Facilities in its advertising, marketing and communications materials on a national and/or international basis. Such materials may include web pages, print ads, direct mail and various types of brochures or marketing sheets, and various media formats other than those listed (including without limitation video or audio presentations through any media form). In these materials, the Controlling Person or the Funding Lender also may discuss at a high level the types of services and solutions the Controlling Person or the Funding Lender has provided the Borrower. This authorization shall remain in effect unless the Borrower notifies the Controlling Person in writing in accordance with the notice provisions set forth herein that such authorization is revoked. The Controlling Person or the Funding Lender shall also have the right to publicize its involvement in the financing of the Project Facilities, including the right to maintain a sign indicating such involvement at a location at the Project Facilities reasonably acceptable to the Borrower and Controlling Person.