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Exhibit A HUD-REQUIRED PROVISIONS RIDER CITY OF SAN LEANDRO LOAN DOCUMENTS AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO LOAN DOCUMENTS FOR ESTABROOK SENIOR HOUSING HUD Project No. 121-EE203-NP-WAH/CA39-S071-007 This HUD-Required Provisions Rider (the "Rider") is dated as of January 1, 2009, and is attached to and made a part of that Owner Participation and Loan Agreement among Estabrook Senior Housing, L.P. (referred to as either the "Borrower" or "Developer"), the Redevelopment Agency of the City of San Leandro (the "Agency"), and the City of San Leandro (the "City") (the "OPA") dated September 10, 2007, that Promissory Note from Borrower to Agency (the "Agency Note") dated as of September 10, 2007, that Deed of Trust by Borrower to Agency (the "Agency Deed of Trust") dated as of September 10, 2007, that Promissory Note from Borrower to City (the "City Note") dated as of September 10, 2007, that Deed of Trust by Borrower to City (the "City Deed of Trust") dated as of September 10, 2007, that Affordable Housing Regulatory Agreement by the City, Agency and Borrower (the "City and Agency Regulatory Agreement") dated September 10, 2007, and that Intercreditor Agreement by the County of Alameda, the City, Agency Borrower dated as of January 1, 2009 (collectively, the "City and Agency Loan Documents") to which this Rider is attached as an Addendum or Exhibit thereto, and which is included as the "City Loan Documents" and/or the "Agency Loan Documents" relating to the property commonly known as Estabrook Senior Housing (the "Development") in San Leandro, California. In the event of any conflict, inconsistency or ambiguity between the provisions of this Rider and the provisions of the City and Agency Loan Documents, the provisions of this Rider shall control. All capitalized terms used herein and not otherwise defined herein shall have the meaning given to such terms in the City and Agency Loan Documents. As used in this Rider, the term "HUD Documents" shall mean the following documents relating to the HUD Section 202 Capital Advance for the Development, HUD Project No. 121-EE203-NP- WAH/CA39-S071-007. A. Deed of Trust With Assignment of Rents on the Property from Borrower to HUD and recorded against the Property (the "HUD Deed of Trust"); B. Capital Advance Program Regulatory Agreement between Borrower and HUD and recorded against the Property ("HUD Regulatory Agreement"); C. Capital Advance Program Use Agreement between Borrower and HUD recorded against the Property (the "HUD Use Agreement"); 1194386-5 ,~~