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to the Funding Lender in its sole and absolute discretion within thirty (30) days after notice thereof from
<br />the Funding Lender, and further provided that any such material litigation or proceeding against the
<br />Managing General Partner shall not constitute an Event of Default if the Managing General Partner is
<br />replaced with a substitute non-profit Managing General Partner that satisfies the requirements of
<br />Section 21 of the Security Instrument and is acceptable to Funding Lender in its sole and absolute
<br />discretion within thirty (30) days after notice thereof from Funding Lender;
<br />(m) a final judgment or decree for monetary damages in excess of $50,000 or a monetary ftne
<br />or penalty (not subject to appeal or as to which the time for appeal has expired) is entered against
<br />Borrower, any General Partner or Guarantor by any Governmental Authority, and such judgment, decree,
<br />fine or penalty is not paid and discharged or stayed (i) prior to completion of the construction or
<br />rehabilitation, as the case may be, of the Improvements, within ten (10) days after entry thereof or (ii)
<br />after completion of the construction or rehabilitation, as the case may be, of the Improvements, within
<br />thirty (30) days after entry thereof (or such longer period as may be permitted for payment by the terms of
<br />such judgment, fine or penalty) ,provided that any such judgment, decree, fine or penalty against a
<br />Guarantor shall not constitute an Event of Default: (i) if such judgment, decree, fine or penalty is entered
<br />on or after the date upon which the Guaranty terminates in accordance with its terms (or the date upon
<br />which all of the Guaranties have terminated in accordance with their terms, if more than one Guaranty
<br />was executed by such Guarantor), or (ii) if such judgment, decree, fine or penalty is entered prior to the
<br />date upon which the Guaranty terminates in accordance with its terms (or the date upon which all of the
<br />Guaranties have terminated in accordance with their terms, if more than one Guaranty was executed by
<br />such Guarantor) and the Borrower replaces such Guarantor with a person or entity satisfying the Funding
<br />Lender's mortgage credit standards for principals and acceptable to the Funding Lender in its sole and
<br />absolute discretion within thirty (30) days after notice thereof from the Funding Lender, and further
<br />provided that any such judgment, decree, fine or penalty against the Managing General Partner shall not.
<br />constitute an Event of Default if the Managing General Partner is replaced with a substitute non-profit
<br />Managing General Partner that satisfies the requirements of Section 21 of the Security Instrument and is
<br />acceptable to Funding Lender in its sale and absolute discretion within thirty {30} days after notice thereof
<br />from Funding Lender;
<br />(n) a final, un-appealable and uninsured money judgment or judgments, in favor of any
<br />Person other than a Governmental Authority, in the aggregate sum of $50,000 or more shall be rendered
<br />against Borrower, any General Partner or Guarantor, or against any of their respective assets, that is not
<br />paid, superseded or stayed (i) prior to completion of the construction or rehabilitation, as the case maybe,
<br />of the Improvements, within ten (10) days after entry thereof or (ii) after completion of the construction or
<br />rehabilitation, as the case maybe, of the Improvements, within thirty (30) days after entry thereof (or such
<br />longer period as may be permitted for payment by the terms of such judgment); or any levy of execution,
<br />writ or warrant of attachment, or similar process, is entered or filed against Borrower, any General Partner
<br />or Guarantor, or against any of their respective assets (that is likely to have a material adverse effect upon
<br />the ability of Borrower, any General Partner or Guarantor to perform their respective obligations under
<br />this Borrower Loan Agreement, any other Borrower Loan Document or any Related Document), and such
<br />judgment, writ, warrant or process shall remain unsatisfied, unsettled, unvacated, unhanded and unstayed
<br />(i) prior to completion of the construction or rehabilitation, as the case maybe, of the Improvements, for a
<br />period often (10) days or (ii) after completion of the construction or rehabilitation, as the case maybe, of
<br />the Improvements, for a period of thirty (30) days, or in any event later than five (5) Business Days prior
<br />to the date of any proposed sale thereunder, provided that any such judgment, levy, writ, warrant,
<br />attachment or similar process against a Guarantor shall not constitute an Event of Default: (i) if such
<br />judgment, levy, writ, warrant, attachment or similar process is entered on or after the date upon which the
<br />Guaranty terminates in accordance with its terms (or the date upon which all of the Guaranties have
<br />terminated in accordance with their terms, if more than one Guaranty was executed by such Guarantor),
<br />or (ii) if such judgment, levy, writ, warrant, attachment or similar process is entered prior to the date upon
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