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EXHIBIT "B" 17. Section 21(a) of the Instrument is hereby amended to add the following section (7) at the end thereof: "and, (7) a Transfer to a separate entity, or change in the holder, of the operating license or permit allowing the Mortgaged Property to operate as a Seniors Housing facility." 18. Section 22 of theInstrumentis hereby amended to add the following sections (g), (h), and (i) at the end thereof: "(g) any failure by Borrower to comply with the use and licensing requirements set forth in Sections 10 and 11, including but not limited to Borrower's loss of its license or other legal authority to operate the Mortgaged Property as a Seniors Housing Facility; (h) any failure by Borrower to correct, within the time deadlines set by any federal, state or local licensing agency, any deficiency that justifies any action by such agency with respect to the Mortgaged Property that may have a material adverse affect on the income and operation of the Mortgaged Property or Borrower's interest in the Mortgaged Property, including, without limitation, a termination, revocation or suspension of any applicable license, registration, permit, certificate, authorization or approval necessary for the operation of the Mortgaged Property as a Seniors Housing Facility. (i) if, without the consent of Lender: (a) Borrower ceases to operate the Mortgaged Property as a Seniors Housing Facility; (b) Borrower ceases to provide such kitchens (except ovens) separate bathrooms, and areas for eating, sitting and sleeping in each unit as are provided in the units as of the date of this Instrument; (c) Borrower ceases to provide other facilities and services normally associated with congregate or assisted living units, including, without limitation, (i) central dining services providing one to three meals per day, (ii) periodic housekeeping, (iii) laundry services, and (iv) customary transportation services; (d) except as required by applicable law or regulation, Borrower provides or contracts for skilled nursing care for any of the units; (e) non - residential space leased or held available for lease to commercial tenants (i.e., space other than the units, dining areas, activity rooms, lobby, parlors, kitchen, mailroom, marketing/ management offices) Modifications to Instrument (Seniors Housing) Form 4075 3/99 Page 6