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3. The first paragraph of Paragraph 11 of the Deed of Trust <br />shall be modified to read as follows: <br />That upon default by Trustor in payment of any indebtedness <br />secured hereby or in the performance of any agreement <br />hereunder, and after the expiration of all applicable notice <br />and cure periods provided in the Note and after giving the <br />investor limited partner of Trustor a copy of such notice <br />and thirty days to cure the noticed default, Beneficiary may <br />declare all sums secured hereby immediately due and payable <br />by delivery to Trustee of written declaration of default and <br />demand for sale and of written notice of default and of <br />election to cause said property to be sold, which notice <br />Trustee shall cause to be filed for record. Beneficiary <br />also shall cause to be filed for record. Beneficiary also <br />shall deposit with Trustee this Deed of Trust, said note and <br />all documents evidencing expenditures secured hereby. <br />4. Notwithstanding anything to the contrary contained herein or <br />in any documents secured by this Deed of Trust or contained in <br />any subordination agreement, Beneficiary acknowledges and agrees <br />that in the event of a foreclosure or deed -in -lieu of foreclosure <br />(collectively, "Foreclosure ") with respect to the Property <br />encumbered by this Deed of Trust, the following rule contained in <br />Section 42(h)(6)(E)(ii) of the Internal Revenue Code of 1986, as <br />amended (the "Code "), shall apply: <br />For a period of three (3) years from the date of <br />Foreclosure, with respect to any unit that had been <br />regulated by the regulatory agreement with the California <br />Tax Credit Allocation Committee, (i) none of the tenants <br />occupying those units at the time of Foreclosure may be <br />evicted or their tenancy terminated (other than for good <br />ShFnDT.Rid(16) <br />or repair is not economically feasible or if a default <br />exists after expiration of all applicable cure periods, the <br />condemnation proceeds shall be applied to the sums secured <br />by this Deed of Trust, with the excess, if any, paid to <br />Trustor. In the event funds for such work are insufficient, <br />Beneficiary may, at its option, advance such additional <br />funds as may be necessary to allow the Property to be <br />repaired or restored, and may add the amount thereof to the <br />principal balance of the Note hereby- secured. If the <br />Property is abandoned by Trustor, or if Trustor fails to <br />respond to Beneficiary within 30 days from the date notice <br />that the condemning authority intends to settle the <br />condemnation action is mailed by Beneficiary to Trustor, <br />Beneficiary is authorized to collect and apply the <br />condemnation proceeds at Beneficiary's option either to <br />restoration or repair of the Property or to the sums secured <br />by this Deed of Trust. <br />