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<br />53 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />Section 10.15 Determinations by the Funding Lender and Controlling Person. Subject to specific <br />provisions in this Agreement to the contrary, in any instance under this Agreement where the consent or <br />approval of the Controlling Person or the Funding Lender may be given or is required, or where any <br />determination, judgment or decision is to be rendered by the Controlling Person or the Funding Lender <br />under this Agreement, the granting, withholding or denial of such consent or approval and the rendering of <br />such determination, judgment or decision shall be made or exercised by the Controlling Person or the <br />Funding Lender (or its designated representative) at its sole and absolute discretion. The Funding Lender <br />may by separate instrument delegate, assign, transfer and set over unto the Controlling Person any or all of <br />the rights, remedies, duties and obligations of the Funding Lender under this Agreement and the other <br />Funding Loan Documents, in which event the Controlling Person shall have each of the rights, remedies, <br />duties and obligations delegated to it as if specifically named herein and in the other Funding Loan <br />Documents, as applicable, and shall be entitled to act in its own name, but if necessary in the name and <br />stead of the Funding Lender, to enforce each of the remedies provided to the Funding Lender hereunder or <br />under the other Funding Loan Documents. <br />Section 10.16 Further Assurances. The Borrower will promptly and duly execute, acknowledge <br />and deliver from time to time such further instruments and take such further actions as may be reasonably <br />required by the Governmental Lender, the Funding Lender or the Controlling Person to carry out the <br />purposes and provisions of this Agreement and to the other Funding Loan Documents, to make elections or <br />take actions (or, as requested, to refrain from making elections or taking actions) related to the audit <br />procedures involving the Borrower and/or its members, equityholders, shareholders and/or partners set forth <br />in the Bipartisan Budget Act of 2015 so that the Borrower’s members, equityholders, shareholders, and/or <br />partners will be directly responsible for any audit adjustments, changes or modifications rather than the <br />Borrower, to confirm the priority and/or perfection of any lien, pledge, assignment or security interest <br />created or intended to be created by this Agreement and the other Funding Loan Documents and to assure <br />the Controlling Person and the Funding Lender of the subrogation and security rights in favor of the Funding <br />Lender (or the Fiscal Agent for the benefit of the Funding Lender) for the benefit of the Noteowners of the <br />Governmental Note contemplated by this Agreement, by the other Funding Loan Documents in connection <br />with any of the foregoing and such approvals shall be in form satisfactory to the Controlling Person. <br />Section 10.17 Patriot Act. To help the government fight the funding or terrorism and money <br />laundering activities, federal law requires all financial institutions to obtain, verify and record information <br />that identifies each person who establishes a relationship or opens an account. For a non-individual person <br />such as a business entity, a charity, a trust or other legal entity the Fiscal Agent will request documentation <br />to verify its formation and existence as a legal entity. Furthermore, if required by the law, the Fiscal Agent <br />may request financial statements, licenses, identification and authorization documents from individuals <br />claiming authority to represent the entity or other relevant documentation. <br /> <br /> <br />[The remainder of this page is left blank intentionally.] <br />