BERKSHIRE INCOME REALTY, INC. c/o The Berkshire Group One Beacon Street, Suite 1500 Boston, Massachusetts 02110 Termination Notice

BERKSHIRE INCOME REALTY, INC.

c/o The Berkshire Group

Xxx Xxxxxx Xxxxxx, Xxxxx 0000

Xxxxxx, Xxxxxxxxxxxxx 00000

Termination Notice

March 31, 2005

Via Facsimile (000) 000-0000

and Via Federal Express

Xxxxxx Manor Investors, LLC

000 Xxxxxxxxx Xxxxxx, Xxxxx 000

Xxxx Xxxxxx, Xxxxxxxx 00000

Attention: Xxxxxxxx X. Xxxxx

Re: Xxxxxx Manor Apartments, Reistertown, Maryland

Gentlemen:

Reference is hereby made to that certain Agreement of Sale dated as of March 16, 2005 by and between Xxxxxx Manor Realty, LLC and GMAC Commercial Realty Partners, L.P., collectively, as seller, and Berkshire Income Realty, Inc., as buyer (“Buyer”), concerning the Property defined therein (the “Purchase Agreement”). All capitalized terms used herein and not otherwise defined shall have the same respective meanings herein as in the Purchase Agreement.

Pursuant to Section 20(c) of the Purchase Agreement, the undersigned Buyer hereby terminates the Purchase Agreement. By copy of this letter, Buyer directs the Title Company to return the Initial Deposit to Buyer in accordance with the terms of the Purchase Agreement.

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[signature page to Termination Notice]

Very truly yours,

BERKSHIRE INCOME REALTY, INC.

By:	/s/ Xxxxxxxxxxx X. Xxxxxxx
Name:	Xxxxxxxxxxx X. Xxxxxxx
Title:	Vice President

cc:	Levy & Marino, P.A.
	000 Xxxxxx Xxxxxx
	Xxxxxx, Xxxxxxxx 00000
	Attention: Xxxxxxx X. Xxxxxx, Esq.
	Fax: (000) 000-0000

Xx. Xxxxxxx X. Xxxxxxx

Xxxxxxx X. Xxxxxx, Esq.

Xxxxxx X. Xxxxx

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