RIDGE VIEW COMMONS - CONSTRUCTION LOAN

ASSIGNMENT AND CONSENT OF ARCHITECT'S PLANS AND SPECIFICATIONS The undersigned, EDEN HOUSING, INC., a California nonprofit corporation, (herein the "Borrower "), and HARDISON, KOMATSU, IVELICH & TUCKER (herein the "Architect "), hereby enter into and make and consent to this assignment for the benefit of the CITY OF PLEASANTON (herein the "Lender "), its successors and assigns, with reference to the following facts: a. Architect and the City of Pleasanton have entered into an Owner- Architect Agreement for design services, and Architect and Borrower have entered into an Owner- Architect Agreement dated June 27, 1988 (herein "Agreement ") with Architect for the preparation of certain plans and specifica- tions dated February 2, 1988, together with Addendum A issued February 12, 1988, Addendum B issued March 2, 1988, Addendum C issued March 3, 1988, Addendum D issued March 4, 1988 and Addendum E issued June 27, 1988 (which are part of the Contract Documents), for the construction of certain improvements on the real property described in Exhibit A attached hereto and by this reference made a part hereof. b. In addition to other consideration and sums advanced and pledged by Lender, Borrower is borrowing from Lender the principal sum of $14,360,000.00, evidenced by a Promissory Note in the amount of $10,360,000.00 and a second Promissory Note in the amount of $4,000,000.00, in order to finance the costs of the improvements pursuant to that certain Building Loan Agreement between Borrower and Lender dated June 27, 1988. NOW, THEREFORE, in consideration of the loan and as further security for the Promissory Notes executed by Borrower and all advances thereunder, and as further security for the performance by Borrower of all of its obligations contained in the Building Loan Agreement and all other instruments executed pursuant thereto, the Borrower hereby assigns to Lender all of Borrower's right, title, and interest in and to the above - described plans and specifica- tions, certifications, notes and similar work product (herein called "Plans and Specifications ") and all amendments thereto, and Architect consents to the above assignment, and Borrower and Architect further agree with and represent to Lender as follows: 1. If any event of default under the above - referenced documents occurs, then without any additional fee or consideration being payable to Architect other than as may be required under any then existing contract between Borrower and Architect, Lender may utilize the Plans and Specifications for the above stated purpose, and Architect will continue to perform any and all obligations on Lender's behalf which Architect had previously agreed to perform on Borrower's behalf with reference to the completion of the improvements. 2. Architect acknowledges that Architect has been paid in full for all services and costs in connection with the Plans and Specifications and the preparation thereof except fees to be paid hereafter for the administration of the construction contract for the construction of the improvements and the interior furnishings contract for the interior design.