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201100570 To HAVE AND TO HOLD the Note and the Trust Deeds, together with the above described interest in the Property, subject to the terms contained in the Note and the Trust Deeds, and the Borrower Loan, unto Lender forever. Borrower represents and warrants that there have been no amendments or modifications, either oral or written, to the Note or Trust Deeds, and that none of the Property has been released from the lien of the Trust Deeds. The Trust Deeds is junior to owner's construction loan Trust Deeds in favor of Lender. The Trust Deeds shall be junior to the permanent loan to be obtained by Owner to pay off owner's construction loan. Lender agrees to execute and deliver a subordination agreement and any other documents or instruments reasonably requested by Borrower in connection with a permanent loan and related Trust Deeds, to be obtained by owner to pay off such construction loan. In the event of a default under the Borrower Loan, Borrower covenants and agrees to do all things reasonably necessary to give effect to the intent of this Assignment, including but not limited to executing any other or further documents necessary or reasonably requested to protect the interest of Lender or confirm the existence of this Assignment and, if necessary, to. join with Lender, at Lender's expense, in asserting any claims against any makers under the Note or Trust Deeds, and to remit any proceeds collected thereafter on the Note and Trust Deeds to Lender. This is a collateral assignment as security for the Borrower Loan. Notwithstanding anything to the contrary in this Assignment, upon maturity of the Note, so long as there is no event of default under the Borrower Loan, Borrower shall be entitled to retain all payments received in connection with the Note and Trust Deeds and Lender shall have no right whatsoever to exercise any of its rights under this Assignment until there is an Event of Default under the Borrower Loan. Borrower agrees that Lender may enforce its right with respect to the Note and Trust Deeds upon any Event of Default (as defined under the Note) occasioned by the failure of the Owner to comply with the covenants set forth in the Note, the Borrower Loan, and in particular in the event of any failure to comply with the application submitted by Borrower or owner of the Property for Affordable Housing Program funds or with the requirements of the Affordable Housing Program rules and regulations as in effect on the date of this agreement. This Assignment and the covenants contained herein shall inure to the benefit and be finding upon the successors and assigns of the respective parties hereto. EXECUTED as of the date first set forth above. "Borrower" MOSAIC, a Nebraska nonprofit corporation €1325110.1 1