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000OO8622 EXHIBIT "B" 10. Section 11 of the Instrument is hereby amended to add the following sentences at the end thereof: "Borrower further covenants and agrees that it shall not permit more than 20% of its total units or more than 20% of its total income to be derived from units relying on Medicaid or Medicare payments. If by reason of applicable law or regulation more than 20% of the total units or more than 20% of total income becomes derived from units relying on Medicaid or Medicare payments, the Borrower shall diligently and expeditiously take all reasonable steps necessary to bring the Mortgaged Property into compliance with the preceding sentence to the extent permissible by applicable law or regulation. Borrower further covenants and agrees that it shall limit the use and occupancy of the Mortgaged Property to tenants that meet the standards for congregate living or assisted living, and that it shall not accept tenants that require skilled nursing care or permit, except to the extent required by law, tenants requiring, skilled nursing care to remain at the Mortgaged Property as a routine matter." 11. Section 12(a) of the Instrument is hereby amended to add the following sentence at the end thereof: "and, (5) payments for any required licensing fees, permits, or other expenses related to the operation of the Mortgaged Property by or on behalf of the Lender as a Seniorg Housing Facility, any fines or penalties that may be assessed against the Mortgaged Property, any costs incurred to bring the Mortgaged Property into full compliance with applicable codes and regulatory requirements, and any fees or costs related to Lender's employment of a licensed operator for the Mortgaged Property." 12. Section 14(b) of the Instrument is hereby amended to add the following sections (8) and (9) at the end thereof: "copies of all inspection reports, reviews, and certifications prepared by, for, or on behalf of any licensing or regulatory authority relating to the Mortgaged Property and any legal actions, orders, notices, or reports relating to the Mortgaged Property issued by the applicable regulatory or licensing authorities; and, Modifications to Instrument (Seniors Housing) Form 4075 3/99 Page 4