0001178862-11-000004 Sample Contracts

AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENT
Revolving Credit Agreement • March 8th, 2011 • Berkshire Income Realty Inc • Real estate

This AMENDMENT NO. 2 TO REVOLVING CREDIT AGREEMENT (this “Amendment”) is made as of February 17, 2011, by and among BERKSHIRE INCOME REALTY OP, L.P., a Delaware limited partnership (the “Borrower”), BERKSHIRE INCOME REALTY, INC., a Maryland corporation (the “Guarantor”), KRUPP CAPITAL ASSOCIATES, a Massachusetts general partnership, in its capacity as administrative agent (the “Agent”) for itself and the Lenders (as defined in the Credit Agreement, as defined below), and each of the Lenders party hereto.

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AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT
Limited Liability Company Agreement • March 8th, 2011 • Berkshire Income Realty Inc • Real estate • Delaware

This Amended and Restated Limited Liability Company Agreement (this "Agreement"), dated as of March 2, 2011, is between MCRT/MA 104 NoMa LLC, a Delaware limited liability company (“MCRT”), and BIR/BVF-II NoMa JV, L.L.C., a Delaware limited liability company (“Investor”).

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