NORTH HARBOR HOUSING PARTNERS, LP (CO JAMBOREE HOUSING CORPORATION)

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2021000224389 given by the Borrower for the benefit of the Bond Purchaser as Agent for Issuer (the "Security Instrument") covering the premises therein described. B. The Loan is being advanced pursuant to the terms of the Construction and Permanent Loan Agreement by and between Bond Purchaser and Borrower dated as of March 1, 2021 (the "Loan Agreement"). C. The Note, the Security Instrument, the Master Pledge and Assignment, and all other loan agreements, financing agreement, disbursement agreements, indentures, documents and instruments evidencing, securing or otherwise relating to the Bonds are sometimes referred to individually and collectively as the (the "Facility Documents"). D. Substantially concurrently herewith, Issuer has agreed to issue and Bond Purchaser has agreed to purchase those certain Multifamily Housing Revenue Bonds (North Harbor Village) 2023 Series A in an aggregate principal amount not to exceed $8,037,572 (the "Supplemental Tax -Exempt Bonds") pursuant to that certain First Supplement to Master Pledge and Assignment dated as of November 1, 2023 (the "First Supplement to Master Pledge"), and in connection with the First Supplement to Master Pledge, the Borrower and the Bond Purchaser have agreed to increase the maximum principal amount of the Tax - Exempt Note and to reduce the maximum principal amount of the Taxable Note as set forth herein. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, and in order to amend the terms of the Note and the Facility Documents, the parties hereto agree for themselves, their successors and assigns as follows with any terms used but not otherwise defined having the meanings set forth in the Note: 1. Borrower Representations and Warranties. The Borrower unconditionally agrees to pay the Note in accordance with its terms and acknowledges, covenants, warrants, represents and agrees that: (a) the Borrower is indebted under the Tax -Exempt Note and that there is currently outstanding thereunder the principal sum of $19,000,000, and the Borrower is indebted under the Taxable Note and that there is currently outstanding thereunder the principal sum of $8,913,936. (b) there are no judgments against the Borrower or any guarantor in any courts of the United States and there is no litigation, active, pending or to Borrower's knowledge, threatened, against the Borrower or any guarantor which would adversely affect the Borrower's or any guarantor's ability to pay when due any amounts which may become payable in respect of the Loan; (c) to Borrower's knowledge, each and all of the representations and warranties of the Borrower in the Facility Documents are accurate in all material respects on the date hereof, 4877-2583-3588, v. 8