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200702331 10 provisions ofthis Mortgage Restructuring Mortgage and that certain Regulatory Agreement for Mark-to- Market Projects (the "Mark-to-Market Regulatory Agreement") affecting the Project and executed in connection herewith. E. Subordinate Lien. Notwithstanding any provision of this Mortgage Restructuring Mortgage or the Mortgage Restructuring Note to the contrary, this Mortgage Restructuring Mortgage, and all ofthe parties' respective rights and powers hereunder, are subject and subordinate to: 1. the rights and obligations ofthe parties set forth in that certain Use Agreement for Mark- to-Market Projects of even date herewith (the "Use Agreement"), by and between the Owner and the Secretary, to be recorded among the Land Records prior to the recordation hereof. 2. that certain Mortgage, granted by the Owner for the benefit of Wells Fargo Bank, National Association, a corporation (the "Mortgagee"), of even date herewith (the "Mortgage"), to be recorded among the land records of the jurisdiction in which the Property is located (the "Land Records") prior to the recordation hereof and encumbering the Property, which Mortgage secures that certain Mortgage Note of even date herewith (the "Note") evidencing an indebtedness ofthe Owner to the Mortgagee in the original principal amount of Three Hundred Forty-Four Thousand Six Hundred and no/100 Dollars ($344,600.00) (the "Loan"). F. Escrow Payments. In the absence of a recorded first mortgage/deed of trust superior hereto encumbering the Property, in order to more fully protect the security ofthis Mortgage, together with, and in addition to, the payments of principal and interest payable under the terms of the Note secured hereby, the Mortgagor agrees to deposit with the Secretary, on the first day of each month until the said Note is fully paid, the following sums: 1. A sum equal to the ground rents, if any, next due, plus water rates, taxes and assessments next due on the premises covered hereby (all as estimated by the Secretary) less all sums already paid therefor divided by the number of months to elapse before one month prior to the date when such ground rents, premiums, water rates, taxes and assessments will become delinquent, such sums to be held by the Secretary in trust to pay said ground rents, premiums, water rates, taxes and special assessments. 2. Any excess funds accumulated under (1) remaining after payment of the items therein mentioned shall be credited to subsequent monthly payments ofthe same nature required thereunder; but if any such item shall exceed the estimate therefor the Mortgagor shall without demand make good the deficiency. Failure to do so before the same become delinquent or subject to interest or penalties shall be a default hereunder. 3. Tfthe property is sold under foreclosure or is otherwise acquired by the Secretary after default, any remaining balance of the accumulations under (1) shall be credited to the principal ofthe Mortgage as of the date of commencement of foreclosure proceedings or as of the date the property is otherwise acquired. G. Hazard Insurance. That the Mortgagor will keep the improvements now existing on the mortgaged property insured against loss by fire and such other hazards, casualties, and contingencies, as may be stipulated by the Secretary. All such insurance shall be evidenced by standard Fire and Extended Coverage Insurance Policy or policies, in amounts not less than necessary to comply with the applicable Coinsurance Clause percentage, but in no event shall the amounts of coverage be less than 80% of the Rental - Rider to Mort Restr Mtg 09-15-04 .>to