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<br /> A-6
<br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM
<br />(vi) The Borrower Note is subject to mandatory prepayment in whole on any
<br />Loan Payment Date specified by the Controlling Person on or after the First Put Date, if
<br />the Controlling Person directs prepayment by providing notice to the Borrower, the
<br />Funding Lender and the Governmental Lender at least one hundred eighty (180) days prior
<br />to the Loan Payment Date specified in such notice on which the Borrower Note is to be
<br />prepaid at a prepayment price equal to 100% of the principal amount thereof plus interest
<br />accrued thereon to, but not including, the prepayment date.
<br />8. Obligations of the Borrower Absolute and Unconditional. Subject to Section 10.13 of
<br />the Borrower Loan Agreement, the obligations of the Borrower to make all payments required under this
<br />Note and the other Borrower Loan Documents on or before the date the same become due, and to perform
<br />all of its other obligations, covenants and agreements hereunder and under the other Borrower Loan
<br />Documents shall be primary, absolute, unconditional and irrevocable, and shall be paid or performed strictly
<br />in accordance with the terms of this Note and the other Borrower Loan Documents under any and all
<br />circumstances, without notice or demand, and without abatement, deduction, set-off, counterclaim,
<br />recoupment or defense or any right of termination or cancellation arising from any circumstance
<br />whatsoever, whether now existing or hereafter arising, and irrespective of whether the Borrower’s title to
<br />the Project Facilities or to any part thereof is defective or nonexistent, and notwithstanding any damage due
<br />to loss, theft or destruction of the Project Facilities or any part thereof, any failure of consideration or
<br />frustration of commercial purpose, the taking by eminent domain of title to or of the right of temporary use
<br />of all or any part of the Project Facilities, legal curtailment of the Borrower’s use thereof, the eviction or
<br />constructive eviction of the Borrower, any change in the tax or other laws of the United States of America,
<br />the State or any political subdivision thereof, any change in the legal organization or status of the Funding
<br />Lender, Governmental Lender or Fiscal Agent, or any default hereunder or under any other Borrower Loan
<br />Document, and regardless of the invalidity of any action of the Funding Lender or the invalidity of any
<br />portion of this Note or the other Borrower Loan Documents. Provided further, the obligations of Borrower
<br />under this Note and the other Borrower Loan Documents shall not be affected by:
<br />(a) any lack of validity or enforceability of any Borrower Loan Document or any of
<br />the Funding Loan Documents;
<br />(b) any amendment of, or any waiver or consent with respect to, any of the Borrower
<br />Loan Documents or Funding Loan Documents;
<br />(c) the existence of any claim, set-off, defense or other rights which Borrower, General
<br />Partner or Guarantor may have at any time against Funding Lender (other than the defense of
<br />payment in accordance with the terms of this Note or the other Borrower Loan Documents) or any
<br />other Person, whether in connection with this Note or any other Borrower Loan Document, the
<br />Funding Loan Documents or any transaction contemplated thereby or any unrelated transaction;
<br />(d) any breach of contract or other dispute between Borrower, General Partner or
<br />Guarantor, and Funding Lender;
<br />(e) any Requisition or any document presented in connection therewith, proving to be
<br />forged, fraudulent, untrue, inaccurate, invalid or insufficient in any respect (except in the event of
<br />willful misconduct by Funding Lender with respect to same); or
<br />(f) any exchange, release or nonperfection of any lien or security interest in any
<br />collateral pledged or otherwise provided to secure any of the obligations contemplated herein, in
<br />any other Borrower Loan Document or in any Funding Loan Document.
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