Common use of Splitting the Note Clause in Contracts

Splitting the Note. ▇▇▇▇▇▇ has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Interest Rate (as defined in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇, at ▇▇▇▇▇▇▇▇'s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided however, Lender shall not make or execute any such documents under such power until ten (10) Business Days after written Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder for a period of ten (10) Business Days after such Notice by ▇▇▇▇▇▇ shall, at lender's option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) if If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate (as defined in the Note), and . (bii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇, at ▇▇▇▇▇▇▇▇'s expense, . (c) Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in Section 11.17(a); provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (e) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) if If Lender redefines the interest rate, the weighted average of the interest rates margins contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate Margin (as defined in the Note), and . (bii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇, at ▇▇▇▇▇▇▇▇'s expense, . (c) Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in Section 11.17(a); provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (e) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, discretion (including the creation of a mezzanine loan secured by a collateral assignment of the equity interest in Borrower and SPE Party) which will be senior in priority and rights to any Permitted Mezzanine Financing pursuant to Schedule VI attached hereto which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided however: (a) provided, however if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined and all other economic terms shall remain unchanged in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesaggregate. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇'s expenseBorrower’s expense (not including Lender’s costs and expenses or the costs of Lender’s legal counsel), agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other related documents as Lender shall reasonable reasonably require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Except as may be required in connection with a Securitization, (i) Borrower shall not be obligated to pay any costs or expenses incurred in connection with the preparation, execution, recording or filing of the severed Loan Documents, and (ii) the severed Loan Documents shall not contain any representations, warranties or covenants not contained in the Loan Documents and any such representations and warranties contained in the severed Loan Documents will be given by Borrower only as of the Closing Date. Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Interest Rate (as defined in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇Borrower's expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided however, Lender shall not make or execute any such documents under such power until ten (10) Business Days after written Notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇Lender's intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇Borrower's failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days after such Notice by ▇▇▇▇▇▇ Lender shall, at lender's option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, and if Lender redefines the interest rate, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note), and . (biii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as was required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Following any severance of the Note, at ▇▇▇▇▇▇▇▇'s expensethe term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (e) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in Section 11.17(a); provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (f) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunder.under this Loan Agreement. The following changes are made to the Loan Agreement which precedes this Rider: 5. A. Section 49 of this Instrument 6.07(b)(i) is deleted and replaced with the following: (i) Within 15 days after the end of each calendar month prior to Stabilization (unless Securitization has already occurred), 25 days after the end of each calendar quarter after Stabilization and prior to Securitization, and within 35 days after each calendar quarter after Securitization, each of the following: (A) A Rent Schedule dated no earlier than the date that is 5 days prior to the end of such quarter, or month, as applicable. (B) A statement of income and expenses for Borrower’s operation of the Mortgaged Property that is either of the following: (1) For the 12 month period ending on the last day of such quarter, or month, as applicable. (2) If at the end of such quarter, or month, as applicable, Borrower or any Affiliate of Borrower has owned the Mortgaged Property for less than 12 months, for the period commencing with the acquisition of the Mortgaged Property by Borrower or its Affiliate, and ending on the last day of such quarter, or month, as applicable. (C) When requested by Lender, a balance sheet showing all assets and liabilities of Borrower relating to the Mortgaged Property as of the end of that fiscal quarter, or month, as applicable. B. Section 6.43 is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender (adjusted, if applicable, to account for an amortization schedule of thirty (30) years with the first five (5) years interest only) and such redefined amortization shall not result in a change in (c) the amount principal balance of the monthly payment due under components of the Note. The Borrower shall only be required Note immediately after the effective date of such modification equals the principal balance of the Loan immediately prior to make one payment under such separate promissory notesmodification. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇Borrower's expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonably require, which shall all be subject to the reasonable requireapproval of Borrower's counsel. Borrower hereby appoints Lender its attorney-in-in­ fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do in accordance with the terms hereof by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇Lender's intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇Borrower's failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender that Borrower is required to deliver hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lenderLender's option, constitute an Event of Default hereunder. Notwithstanding the foregoing, (i) Borrower's payment obligations shall at all times be the same as if the entire Loan was evidenced by one promissory note at the Applicable Interest Rate; (ii) subject to the limitation set forth in Section 15.02, Lender's costs incurred in com1ection with any splitting of the Note shall be shared equally between Borrower and Lender; and (iii) in the event new promissory notes evidencing the Loan are prepared and executed in connection with such a splitting of the Note, Lender shall promptly return the original Note to the Borrower. Nothing in this Section 15.01 shall result in an economic change in the transaction, impose any legal obligations on Borrower or restrict Borrower in any material way. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇Borrower's expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable requirereasonably require (provided, however, that Borrower shall not be obligated to pay Lender's legal or administrative review costs incurred in connection with the same). Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇Lender's intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇Borrower's failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lenderLender's option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided provided, however: (a) , that if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesRate. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross cross–default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable reasonably require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. Notwithstanding the foregoing, any costs or expenses incurred by Lender in connection with Borrower’s cooperation with any restructuring of the Loan shall be borne solely by Lender, to the extent that such costs exceed $5,000. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) if If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate (as defined in the Note), and . (bii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in (a) above; provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (e) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. B. Section 49 of this Instrument 11.14 is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable reasonably require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) if If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate (as defined in the Note), and . (bii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in (a) above; provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (e) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable requirereasonably require (provided, however, that Borrower shall not be obligated to pay Lender’s legal or administrative review costs incurred in connection with the same). Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇L▇▇▇▇▇ has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Interest Rate (as defined in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇B▇▇▇▇▇▇▇, at ▇B▇▇▇▇▇▇▇'s expense, agrees to cooperate with all reasonable requests of ▇L▇▇▇▇▇ to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided however, Lender shall not make or execute any such documents under such power until ten (10) Business Days after written Notice has been given to Borrower by ▇L▇▇▇▇▇ of ▇L▇▇▇▇▇'s intent to exercise its rights under such power. ▇B▇▇▇▇▇▇▇'s failure to deliver any of the documents requested by ▇L▇▇▇▇▇ hereunder for a period of ten (10) Business Days after such Notice by ▇L▇▇▇▇▇ shall, at lender's option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) if If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate (as defined in the Note), and . (bii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in (a) above; provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (e) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. B. Section 49 of this Instrument 11.14 is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇'s Borrower’s expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable reasonably require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, . Lender shall not make or execute any such documents under such power until ten (10) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower, Texas Equity Owner and Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided provided, however: (a) , that if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note), and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesRate. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross cross-default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇Borrower's expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable reasonably require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇Lender's intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇Borrower's failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lenderLender's option, constitute an Event of Default hereunder. Notwithstanding the foregoing, any costs or expenses incurred by Lender in connection with Borrower's cooperation with any restructuring of the Loan shall be borne solely by Lender, to the extent that such costs exceed $5,000. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided providing, however: (a) if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall shall, require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender (adjusted, if applicable, to account for an amortization schedule of thirty (30) years with the first five (5) years interest only) and such redefined amortization shall not result in a change in (c) the amount principal balance of the monthly payment due under components of the Note. The Borrower shall only be required Note immediately after the effective date of such modification equals the principal balance of the Loan immediately prior to make one payment under such separate promissory notesmodification. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇Borrower, at ▇▇▇▇▇▇▇▇Borrower's expense, agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonably require, which shall all be subject to the reasonable requireapproval of Borrower's counsel. Borrower hereby appoints Lender its attorney-in-in­ fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall do in accordance with the terms hereof by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇Lender's intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇Borrower's failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender that Borrower is required to deliver hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lenderLender's option, constitute an Event of Default hereunder. Notwithstanding the foregoing, (i) Borrower's payment obligations shall at all times be the same as if the entire Loan was evidenced by one promissory note at the Applicable Interest Rate; (ii) subject to the limitation set forth in Section 15.02, Lender's costs incurred in connection with any splitting of the Note shall be shared equally between Borrower and Lender; and (iii) in the event new promissory notes evidencing the Loan are prepared and executed in connection with such a splitting of the Note, Lender shall promptly return the original Note to the Borrower. Nothing in this Section 15.01 shall result in an economic change in the transaction, impose any legal obligations on Borrower or restrict Borrower in any material way. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note), and . (biii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as was required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Following any severance of the Note, at ▇▇▇▇▇▇▇▇'s expensethe term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (e) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in Section 11.17(a); provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (f) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunderunder this Loan Agreement. 5. Section 49 of this Instrument is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ (a) Lender has the right from time to time to sever the Note into one two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however: , each of the following will be true: (ai) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, and if Lender redefines the interest rate, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note), and . (biii) if If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall will require no more amortization to be paid under the Loan than as was required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization shall will not result in a change in the amount of the monthly payment due under the Note. The . (b) Borrower shall will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced therebyby each severed promissory note, shall will be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇. (c) Following any severance of the Note, at ▇▇▇▇▇▇▇▇'s expensethe term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable require. requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (e) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall may do by virtue thereofof such power) to make and execute all documents necessary or desirable to effect the aforesaid severanceseverance set forth in Section 11.17(a); provided provided, however, Lender shall will not make or execute any such documents under such power until ten (10) 10 Business Days after written Lender has given Borrower Notice has been given to Borrower by ▇▇▇▇▇▇ of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s . (f) Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ hereunder Lender under this Section for a period of ten (10) 10 Business Days after Notice of such Notice request by ▇▇▇▇▇▇ shallLender will, at lender's Lender’s option, constitute an Event of Default hereunder.under this Loan Agreement. The following changes are made to the Loan Agreement which precedes this Rider: 5. A. Section 49 of this Instrument 9.01(dd) is deleted and replaced with the following:

Splitting the Note. ▇▇▇▇▇▇ Lender has the right from time to time time, at Lender’s cost and expense, to sever the Note into one or more separate promissory notes in such denominations as Lender determines in its sole discretion, discretion (including the creation of a mezzanine loan secured by a collateral assignment of the equity interest in Borrower and SPE Equity Owner) which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, but subject to the following provisions of this Section 15.01, Lender may redefine the interest rate and amortization schedule; provided provided, however: (a) if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate shall equal the Fixed Applicable Interest Rate (as defined in the Note)Rate, and (b) if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate shall require no more amortization to be paid under the Loan than as required under this Instrument Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization shall not result in a change in the amount of the monthly payment due under the Note. The Borrower shall only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced thereby, shall be upon all of the terms and provisions contained in this Instrument Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. ▇▇▇▇▇▇▇▇, at ▇▇▇▇▇▇▇▇'s expense, Borrower agrees to cooperate with all reasonable requests of ▇▇▇▇▇▇ Lender to accomplish the foregoing, including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender shall reasonable reasonably require, provided, however, that no changes to the terms of the Loan shall increase Borrower’s obligations under the Loan Documents or have a significant adverse effect on the economics of the transaction to Borrower. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which shall be deemed to be coupled with an interest and irrevocable until the Loan is paid and this the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney shall lawfully do by virtue thereof) to make and execute all documents necessary or desirable to effect the aforesaid severance; provided provided, however, Lender shall not make or execute any such documents under such power until ten five (105) Business Days days after written Notice notice has been given to Borrower by ▇▇▇▇▇▇ Lender of ▇▇▇▇▇▇'s Lender’s intent to exercise its rights under such power. ▇▇▇▇▇▇▇▇'s Borrower’s failure to deliver any of the documents requested by ▇▇▇▇▇▇ Lender hereunder for a period of ten (10) Business Days business days after such Notice notice by ▇▇▇▇▇▇ Lender shall, at lender's Lender’s option, constitute an Event of Default hereunder. 5. Section 49 of this Instrument is deleted and replaced with the following: