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1.6 Section 11.33 of the Loan Agreement is hereby amended and restated in its entirety and replaced with the following: "11.33 USA PATRIOT ACT; KYC Notice. Lender hereby notifies Borrower that pursuant to the requirements of the USA PATRIOT Act (Title II of Pub. L. 107-56 (signed into law October 26, 200 1)) (the `PATRIOT Act'), it is required to obtain, verify and record information that identifies Borrower, which information includes the name and address of Borrower and other information that will allow Lender to identify Borrower in accordance with the Act. Borrower shall, promptly following a request by Lender, provide all documentation and other information that Lender requests in order to comply with its ingoing obligations under applicable `know your customer' and anti - money laundering rules and regulations, including the Act." 2. Conforming Amendments. Each reference in the Deed of Trust and in each of the other Loan Documents to the "Note" shall hereafter mean the Note as amended by the First Amendment to Note. Each reference to the Deed of Trust set forth in any Loan Document shall hereafter mean the Deed of Trust as amended by this Amendment. This Amendment and the First Amendment to Note shall, in each case, be a "Loan Document" as such term is used in the Loan Agreement. 3. No Other Amendment. As expressly modified hereby, the Deed of Trust and the Loan Agreement each remain in full force and effect. 4. Conditions Precedent. This Amendment will not be or become effective unless, on or before June 15, 2018 (or such later date as Beneficiary may elect by written notice to Trustor) the following conditions precedent (collectively, the "Conditions Precedent") are satisfied: (a) this Amendment and the First Amendment to Note are, in each case, fully executed and delivered to Beneficiary; (b) each General Partner consents to this Amendment, the First Amendment to Note, and the First Amendment to Loan Purchase Agreement (collectively, the "Amendment Documents") and the terms and provisions set forth in each such document by executing the General Partners' Consent and Waiver attached hereto; (c) each Guarantor consents to the Amendment Documents and the terms and provisions set forth herein by executing the Guarantors' Consent attached hereto; (d) Subordinate Lenders shall each consent to the Amendment Documents and the terms and provisions set forth herein by executing the applicable Subordinate Lender Consent attached hereto; (e) CCRC shall consent in writing, in a form and substance acceptable to Beneficiary, to the Amendment Documents and the terms and provisions set forth herein, and the "Termination Date" under the Loan Purchase Agreement shall have been extended to a date no earlier than December 1, 2018 on terms and conditions approved by Beneficiary; (f) Investor Limited Partner shall consent to the Amendment Documents and the terms and provisions set forth herein by executing the Limited Partner's Consent and Waiver attached hereto; (g) Beneficiary has confirmed in writing that the conditions to the extension of the Construction Loan Maturity Date set forth in Section 2.9 of the Loan Agreement have been satisfied, -3- 4838-5699-1071v.5 4900000-001785