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200406420 condemnation, condemnation proceeds shall be applied in the following order: (i) to the restoration of the Trust Estate and /or the Collateral, if Trustor can demonstrate that the condemnation proceeds, together with any funds that Trustor may contribute, are sufficient to repair and restore the Trust Estate and /or the Collateral to its condition immediately prior to the condemnation; (ii) to the Obligations, as defined in the Loan Agreement, in such order as Lender may determine; and (iii) to Trustor. If an Event of Default has occurred and is continuing at the time of receipt of the condemnation proceeds, Beneficiary may, at its option, apply the condemnation proceeds to the foregoing items in whatever order Beneficiary shall see fit. All such condemnation proceeds shall constitute additional security for the Obligation. 3. Paragraph 8 of the Deed of Trust is amended to add the following at the end of such paragraph The parties acknowledge that the Trust Estate is expected to generate low- income housing tax credits and will be subject to the provisions of the Low Income Housing Tax Credit Extended Use Agreement to be entered into between the Trustor and the Nebraska Investment Finance Authority (the "Extended Use Agreement "), which must meet the requirements for an Extended Housing Commitment described in Section42(h)(6)(B) of the Internal Revenue Code of 1986, as amended (the "Code "), and including the requirement that for a three (3) year period after the Trust Estate is acquired by foreclosure (i) the eviction or the termination of a tenancy (other than for cause) of an existing tenant of any low - income unit, or (ii) any increase in the gross rent with respect to such unit not otherwise permitted under Section 42 of the Code shall not be permitted. Notwithstanding any other provision of the Trust Deed or the Loan Documents, the Trustor and the Beneficiary acknowledge and agree that although the Extended Use Agreement may terminate on the date the Trust Estate is acquired by foreclosure (or instrument in lieu of foreclosure), neither the Trustee nor any other person may (i) evict or terminate the tenancy (other than for cause) of an existing tenant of any low- income unit, or (ii) increase gross rent with respect to such unit not otherwise permitted under Section 42 of the Code, as such actions may be restricted or limited by the Code. L0600179.2 -3-