Common use of Splitting the Note Clause in Contracts

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a); provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement.

Splitting the Note. (a) Lender Xxxxxx has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Interest Rate (as defined in the Note). , and (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization will shall not result in a change in the amount of the monthly payment due under the Note. (b) . The Borrower will shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Xxxxxxxx, at Xxxxxxxx's expense, agrees to cooperate with all reasonable requests of Lender Xxxxxx to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, provided however, Lender will shall not make or execute any such documents under such power until 10 ten (10) Business Days after Lender written Notice has been given to Borrower Notice by Xxxxxx of Lender’s Xxxxxx's intent to exercise its rights under such power. (e) Borrower’s . Xxxxxxxx's failure to deliver any of the documents requested by Lender under this Section Xxxxxx hereunder for a period of 10 ten (10) Business Days after such Notice of such request by Lender willXxxxxx shall, at Lender’s lender's option, constitute an Event of Default under hereunder. 5. Section 49 of this Loan Agreement.Instrument is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender redefines the interest rate, the weighted average of the interest rates margins contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate Margin (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a); provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, discretion (including the creation of a mezzanine loan secured by a collateral assignment of the equity interest in Borrower and SPE Party) which will be senior in priority and rights to any Permitted Mezzanine Financing pursuant to Schedule VI attached hereto which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided howeverprovided, each of the following will be true: (i) If however if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate (as defined and all other economic terms shall remain unchanged in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesaggregate. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. . Borrower, at Borrower’s expense (c) Borrower not including Lender’s costs and expenses or the costs of Lender’s legal counsel), agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other related documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs shall reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 five (5) Business Days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. . Except as may be required in connection with a Securitization, (ei) Borrower shall not be obligated to pay any costs or expenses incurred in connection with the preparation, execution, recording or filing of the severed Loan Documents, and (ii) the severed Loan Documents shall not contain any representations, warranties or covenants not contained in the Loan Documents and any such representations and warranties contained in the severed Loan Documents will be given by Borrower only as of the Closing Date. Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this Loan Agreementhereunder.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Interest Rate (as defined in the Note). , and (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization will shall not result in a change in the amount of the monthly payment due under the Note. (b) . The Borrower will shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower's expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, provided however, Lender will shall not make or execute any such documents under such power until 10 ten (10) Business Days after written Notice has been given to Borrower by Lender has given Borrower Notice of Lender’s 's intent to exercise its rights under such power. (e) . Borrower’s 's failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 ten (10) Business Days after such Notice of such request by Lender willshall, at Lender’s lender's option, constitute an Event of Default under hereunder. 5. Section 49 of this Loan Agreement.Instrument is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower's expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in shall reasonably require (provided, however, that Borrower shall not be obligated to pay Lender’s Discretion, and Lender will reimburse Borrower for all 's legal or administrative review costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) same). Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s 's intent to exercise its rights under such power. (e) . Borrower’s 's failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s 's option, constitute an Event of Default under this Loan Agreementhereunder.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, and if Lender redefines the interest rate, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note). (iiiii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as was required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Following any severance of the Note, the term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (de) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a); provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (ef) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement. The following changes are made to the Loan Agreement which precedes this Rider: A. Section 6.07(b)(i) is deleted and replaced with the following: (i) Within 15 days after the end of each calendar month prior to Stabilization (unless Securitization has already occurred), 25 days after the end of each calendar quarter after Stabilization and prior to Securitization, and within 35 days after each calendar quarter after Securitization, each of the following: (A) A Rent Schedule dated no earlier than the date that is 5 days prior to the end of such quarter, or month, as applicable. (B) A statement of income and expenses for Borrower’s operation of the Mortgaged Property that is either of the following: (1) For the 12 month period ending on the last day of such quarter, or month, as applicable. (2) If at the end of such quarter, or month, as applicable, Borrower or any Affiliate of Borrower has owned the Mortgaged Property for less than 12 months, for the period commencing with the acquisition of the Mortgaged Property by Borrower or its Affiliate, and ending on the last day of such quarter, or month, as applicable. (C) When requested by Lender, a balance sheet showing all assets and liabilities of Borrower relating to the Mortgaged Property as of the end of that fiscal quarter, or month, as applicable. B. Section 6.43 is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs shall reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) . Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 ten (10) Business Days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this Loan Agreementhereunder.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)(a) above; provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)(a) above; provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement. B. Section 11.14 is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided providing, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender (adjusted, if applicable, to account for an amortization schedule of thirty (30) years with the first five (5) years interest only) and such redefined amortization will not result in a change in (c) the amount principal balance of the monthly payment due under components of the Note. (b) Borrower will only be required Note immediately after the effective date of such modification equals the principal balance of the Loan immediately prior to make one payment under such separate promissory notesmodification. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower's expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretionshall reasonably require, and Lender will reimburse Borrower for which shall all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant be subject to Lender’s request under the terms reasonable approval of this Section 11.17. (d) Borrower's counsel. Borrower hereby appoints Lender its attorney-in-in­ fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do in accordance with the terms hereof by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s 's intent to exercise its rights under such power. (e) . Borrower’s 's failure to deliver any of the documents requested by Lender under this Section that Borrower is required to deliver hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s 's option, constitute an Event of Default under hereunder. Notwithstanding the foregoing, (i) Borrower's payment obligations shall at all times be the same as if the entire Loan was evidenced by one promissory note at the Applicable Interest Rate; (ii) subject to the limitation set forth in Section 15.02, Lender's costs incurred in connection with any splitting of the Note shall be shared equally between Borrower and Lender; and (iii) in the event new promissory notes evidencing the Loan are prepared and executed in connection with such a splitting of the Note, Lender shall promptly return the original Note to the Borrower. Nothing in this Loan AgreementSection 15.01 shall result in an economic change in the transaction, impose any legal obligations on Borrower or restrict Borrower in any material way.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender (adjusted, if applicable, to account for an amortization schedule of thirty (30) years with the first five (5) years interest only) and such redefined amortization will not result in a change in (c) the amount principal balance of the monthly payment due under components of the Note. (b) Borrower will only be required Note immediately after the effective date of such modification equals the principal balance of the Loan immediately prior to make one payment under such separate promissory notesmodification. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower's expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretionshall reasonably require, and Lender will reimburse Borrower for which shall all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant be subject to Lender’s request under the terms reasonable approval of this Section 11.17. (d) Borrower's counsel. Borrower hereby appoints Lender its attorney-in-in­ fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do in accordance with the terms hereof by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s 's intent to exercise its rights under such power. (e) . Borrower’s 's failure to deliver any of the documents requested by Lender under this Section that Borrower is required to deliver hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s 's option, constitute an Event of Default under hereunder. Notwithstanding the foregoing, (i) Borrower's payment obligations shall at all times be the same as if the entire Loan was evidenced by one promissory note at the Applicable Interest Rate; (ii) subject to the limitation set forth in Section 15.02, Lender's costs incurred in com1ection with any splitting of the Note shall be shared equally between Borrower and Lender; and (iii) in the event new promissory notes evidencing the Loan are prepared and executed in connection with such a splitting of the Note, Lender shall promptly return the original Note to the Borrower. Nothing in this Loan AgreementSection 15.01 shall result in an economic change in the transaction, impose any legal obligations on Borrower or restrict Borrower in any material way.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, and if Lender redefines the interest rate, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note). (iiiii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as was required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Following any severance of the Note, the term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (de) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a); provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (ef) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement.. The following changes are made to the Loan Agreement which precedes this Rider: A. Section 9.01(dd) is deleted and replaced with the following:

Splitting the Note. (a) Lender Lxxxxx has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Interest Rate (as defined in the Note). , and (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall require no more amortization to be paid under the Loan than as required under this Instrument and the Note at the time such action was taken by Lender and such redefined amortization will shall not result in a change in the amount of the monthly payment due under the Note. (b) . The Borrower will shall only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement Instrument and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Bxxxxxxx, at Bxxxxxxx's expense, agrees to cooperate with all reasonable requests of Lender Lxxxxx to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) shall reasonable require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security this Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, provided however, Lender will shall not make or execute any such documents under such power until 10 ten (10) Business Days after Lender written Notice has been given to Borrower Notice by Lxxxxx of Lender’s Lxxxxx's intent to exercise its rights under such power. (e) Borrower’s . Bxxxxxxx's failure to deliver any of the documents requested by Lender under this Section Lxxxxx hereunder for a period of 10 ten (10) Business Days after such Notice of such request by Lender willLxxxxx shall, at Lender’s lender's option, constitute an Event of Default under hereunder. 5. Section 49 of this Loan Agreement.Instrument is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower, Texas Equity Owner and Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided provided, however, each of the following will be true: (i) If that if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesRate. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross cross-default provisions. (c) Borrower . Borrower, at Borrower's expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs shall reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s 's intent to exercise its rights under such power. (e) . Borrower’s 's failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 ten (10) Business Days after Notice of such request notice by Lender willshall, at Lender’s 's option, constitute an Event of Default under this hereunder. Notwithstanding the foregoing, any costs or expenses incurred by Lender in connection with Borrower's cooperation with any restructuring of the Loan Agreementshall be borne solely by Lender, to the extent that such costs exceed $5,000.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and SPE Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender this Loan Agreement and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs shall reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, . Lender will shall not make or execute any such documents under such power until 10 Business Days ten (10) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) . Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this Loan Agreementhereunder.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender elects to sever the Note during any period that the interest rate is a Fixed Interest Rate (as defined in the Note), and if Lender redefines the interest rate, then the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate Rate. (ii) If Lender elects to sever the Note during any period that the interest rate is floating, then the weighted average of the margins contained in the severed promissory notes taken in the aggregate will equal the Margin (as defined in the Note). (iiiii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as was required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Following any severance of the Note, the term "Lender" will be deemed to refer collectively to the holder(s) of the Notes, and the Loan will be serviced by Loan Servicer as if the Loan were evidenced by a single Note. (d) Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (de) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a); provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (ef) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement.

Splitting the Note. (a) Lender has the right from time to time time, at Lender’s cost and expense, to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretion, discretion (including the creation of a mezzanine loan secured by a collateral assignment of the equity interest in Borrower and SPE Equity Owner) which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, but subject to the following provisions of this Section 15.01, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the initial weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) . Borrower agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretionshall reasonably require, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant provided, however, that no changes to Lender’s request under the terms of this Section 11.17. (d) the Loan shall increase Borrower’s obligations under the Loan Documents or have a significant adverse effect on the economics of the transaction to Borrower. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall lawfully do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) . Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 Business Days ten (10) business days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this Loan Agreementhereunder.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two or more separate promissory notes in such denominations as Lender determines in its sole discretion, which promissory notes may be included in separate sales or Securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided however, each of the following will be true: (i) If Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will equal the Fixed Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notes. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory note, will be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (which appointment will be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may do by virtue of such power) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)(a) above; provided, however, Lender will not make or execute any such documents under such power until 10 Business Days after Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) Borrower’s failure to deliver any of the documents requested by Lender under this Section for a period of 10 Business Days after Notice of such request by Lender will, at Lender’s option, constitute an Event of Default under this Loan Agreement. B. Section 11.14 is deleted and replaced with the following:

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower and Equity Owner), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedulerate; provided provided, however, each of the following will be true: (i) If that if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate (as defined in the Note). (ii) If Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will require no more amortization to be paid under the Loan than as required under the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesRate. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross cross–default provisions. (c) Borrower . Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in Lender’s Discretion, and Lender will reimburse Borrower for all costs shall reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) require. Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) . Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 ten (10) Business Days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this hereunder. Notwithstanding the foregoing, any costs or expenses incurred by Lender in connection with Borrower’s cooperation with any restructuring of the Loan Agreementshall be borne solely by Lender, to the extent that such costs exceed $5,000.

Splitting the Note. (a) Lender has the right from time to time to sever the Note into two one or more separate promissory notes in such denominations as Lender determines in its sole discretiondiscretion (including the creation of a mezzanine loan secured by a collateral assignment of the Equity Interests in Borrower), which promissory notes may be included in separate sales or Securitizations securitizations undertaken by Lender. In conjunction with any such action, Lender may redefine the interest rate and amortization schedule; provided provided, however, each of the following will be true: : (ia) If if Lender redefines the interest rate, the weighted average of the interest rates contained in the severed promissory notes taken in the aggregate will shall equal the Fixed Applicable Interest Rate Rate, and (as defined in the Note). (iib) If if Lender redefines the amortization schedule, the amortization of the severed promissory notes taken in the aggregate will shall, require no more amortization to be paid under the Loan than as required under this Loan Agreement and the Note at the time such action was taken by Lender and such redefined amortization will not result in a change in the amount of the monthly payment due under the Note. (b) Borrower will only be required to make one payment under such separate promissory notesLender. Subject to the foregoing, each severed promissory note, and the Loan evidenced by each severed promissory notethereby, will shall be upon all of the terms and provisions contained in this Loan Agreement and the Loan Documents which continue in full force and effect, except that Lender may allocate specific collateral given for the Loan as security for performance of specific promissory notes, in each case with or without cross default provisions. (c) Borrower . Borrower, at Borrower’s expense, agrees to cooperate with all reasonable requests of Lender to accomplish the foregoing, including including, without limitation, execution and prompt delivery to Lender of a severance agreement and such other documents as Lender requires in shall reasonably require (provided, however, that Borrower shall not be obligated to pay Lender’s Discretion, and Lender will reimburse Borrower for all legal or administrative review costs reasonably incurred by Borrower in connection with actions taken by Borrower pursuant to Lender’s request under the terms of this Section 11.17. (d) same). Borrower hereby appoints Lender its attorney-in-fact with full power of substitution (and which appointment will shall be deemed to be coupled with an interest and irrevocable until the Loan is paid in full and the Security Instrument is discharged of record, with Borrower hereby ratifying all that its said attorney may shall do by virtue of such powerthereof) to make and execute all documents necessary or desirable to effect the severance set forth in Section 11.17(a)aforesaid severance; provided, however, Lender will shall not make or execute any such documents under such power until 10 Business Days five (5) days after written notice has been given to Borrower by Lender has given Borrower Notice of Lender’s intent to exercise its rights under such power. (e) . Borrower’s failure to deliver any of the documents requested by Lender under this Section hereunder for a period of 10 ten (10) Business Days after Notice of such request notice by Lender willshall, at Lender’s option, constitute an Event of Default under this Loan Agreementhereunder.