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Agreement, each as previously amended by the First Amendment. The Revised HUD Rider shall prevail over any contrary provision of the Original HUD Rider. Agency, City and Borrower agree to attach the Revised HUD Rider to the OPA. b. Each reference to the City Note in the City Deed of Trust, the City and Agency Regulatory Agreement, and the OPA shall mean a reference to the Amended and Restated City Nate. c. Each reference to the Agency Note in the Agency Deed of Trust, the City and Agency Regulatory Agreement, and the OPA shall mean a reference to the Amended and Restated Agency Note. 2. Effective Date. This Amendment shall be effective upon the recording of this Amendment in the Official Records of Alameda County ("Effective Date"). Except as amended by this Amendment, the City and Agency Loan Documents remain unchanged and in full force and effect. 3. Confirmation of Security Interest. Nothing in this Amendment shall affect or be construed to affect the validity or change the priority of the liens created by any of the City and Agency Loan Documents. 4. Miscellaneous. This Amendment shall be governed by and interpreted in accordance with the laws of the State of California. Any provision of this Amendment which is determined by a court to be invalid or unenforceable shall be deemed severed herefrom, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had not been a part hereof. If any attorney is engaged by any party hereto to enforce or defend any provision of this Amendment, the prevailing party shall be entitled to costs and reasonable attorneys' fees. The headings used in this Amendment are for convenience only and shall be disregarded in interpreting the substantive provisions of this Amendment. This Amendment may be signed in counterparts. SIGNATURES ON FOLLOWING PAGES. 1219529-1 3