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200702331 $469,521.66 Grand Island, Nebraska March 20, 2007 9 Holiday Garden Townhouses II Grand Island, Hall COlUlty, Nebraska FHA Project No. 103-35087 RIDER TO MORTGAGE RESTRUCTURING MORTGAGE This Rider is attached to and made a part ofthat certain Mortgage Restructuring Mortgage dated as of March 20, 2007 (this "Mortgage Restructuring Mortgage"), made by HOLIDAY GARDEN TOWNHOUSES II, A LIMITED PARTNERSHIP, a Nebraska limited partnership (the "Owner"), for the benefit of SECRETARY OF HOUSING AND URBAN DEVELOPMENT, WASHINGTON, D.C. (the "Secretary"). A. Owner's Right to Prepay. Privilege is reserved to pay the indebtedness evidenced by the Mortgage Restructuring Note, in whole or in part, on the first day of any month prior to maturity thereof upon at least thirty (30) calendar days prior written notice to the holder of the Mortgage Restructuring Note. B. Incorporation of Regulatory Agreement. That the Regulatory Agreement for Multifamily Housing Projects Participating in the Mark-to-Market Program (the "Mark-to-Market Regulatory Agreement") executed by the Mortgagor and the Secretary of Housing and Urban Development, which is being recorded simultaneously herewith, is incorporated in and made a part of this Mortgage. C. Acceleration. The Mortgage Restructuring Note shall become immediately due and payable, at the option of the holder thereof, in the event that, prior to the repayment of the indebtedness evidenced thereby, (i) there occurs a Sale (as defined in the Mortgage Restructuring Note) of all or any part ofthe Project, (ii) there occurs a Refinancing (as defined in the Mortgage Restructuring Note) or other termination of the Loan (as hereinafter defined), (iii) the Owner defaults in its obligations under the Mortgage (as hereinafter defined) or the Note (as hereinafter defined) and such default is not cured within thirty (30) calendar days, or (iv) default be made in the making of any payment under the Mortgage Restructuring Note and such default is not cured within thirty (30) days after the applicable Payment Date (as defined in the Mortgage Restructuring Note), (v) upon a default under this Mortgage Restructuring Mortgage, or (vi) the Secretary provides notice to the project owner that such owner has failed to materially comply with any requirements of the Multifamily Assisted Housing Reform and Affordability Act of 1997 or the United States Housing Act of 1937 as those requirements apply to this project, and such failure is not cured with within the period provided in 24 CFR Part 401, Subpart F. Failure to exercise any of the foregoing options shall not constitute a waiver of the right to exercise the same in the event of any subsequent occurrence thereof. D. Restricted Surplus Cash Limitation. The Secretary, for itself and for its successors and assigns, covenants and agrees that, in the event of the appointment of a receiver or the appointment of the Secretary as mortgagee~in-possession, in any action by the Secretary, its successors or assigns, to foreclose the lien of this Mortgage Restructuring Mortgage, no rents, revenues or other income of the Project collected by the receiver or by the mortgagee-in-possession shall be utilized for the payment of interest, principal or any other charges due and payable under this Mortgage Restructuring Mortgage except from Restricted Surplus Cash (as defined in the Mortgage Restructuring Note), if any, and that the receiver or mortgagee-in- possession shall operate the Project in accordance with all provisions ofthe Mortgage, and with all provisions of the Use Agreement for Mark-to-Market Projects affecting the Project and executed and recorded herewith; and that certain Regulatory Agreement for Multifamily Housing Projects (the "First Mortgage Regulatory Agreementtl) affecting the Project and executed in connection with the Loan; and in accordance with all Rental - Rider to Mort Restr Mtg 09.15-04