RIDGE VIEW COMMONS - CONSTRUCTION LOAN

3. Nothing herein shall be construed to impose upon Lender any duty to see to the application of the proceeds of the loan contemplated by the Building Loan Agreement. Borrower and Architect acknowledge that Lender is obligated under the Building Loan Agreement only to the Borrower and to no other person or entity. Borrower and Architect are executing this instrument to induce Lender to enter into the Building Loan Agreement and transactions described therein, and Borrower and Architect understand that Lender would not do so but for Borrower's and Architect's execution and delivery of this instrument. 4. Lender shall have the right to enforce Borrower's rights under the Agreement and to bring an action for the breach thereof in the name of Lender or, at Lender's option, in the name of Borrower, in the event Architect breaches the Agreement; provided, however, Lender shall not be obligated to enforce the Agreement or bring action for the breach thereof. 5. Borrower hereby covenants and agrees to comply with all of the terms and provisions of the Agreement and agrees that a default by Borrower in its obligations under the Agreement shall be deemed a default under the terms and provisions of the Building Loan Agreement and shall entitle Lender to all remedies therein provided. 7. Architect shall notify Lender of any change orders which will affect the cost of the project or the completion date. 9. If an event of default under the above referenced documents does not occur and the improvements are completed in accordance with the Building Loan Agreement, then this Assignment shall terminate. IN WITNESS WHEREOF, this instrument is executed as of the date first written above. ARCHITECT: HARDISON, KOMATSU, IVELICH & TUCKER Bv: By: 20:assignps.EHI ov er B .(cker 2 BORROWER: EDEN HOU. NG, INC., a California nonprof t cor.'ration n't all./Asol Catherine A' erschel Executive Director By: