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Records of the County of Alameda (the "Official Records") on March 28, 2011, as Instrument No. 2011-092526 (the "Deed of Trust"). an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants dated February 7, 2011 recorded in the Official Records on March 28, 2011, as Instrument No. 2011-92525 and by Second Amendment to Regulatory Agreement dated as of February 7, 2011 recorded in the Official Records on March 28, 2011 as Instrument No. 2011- 0925264 (the "Regulatory Agreement"), and a Regulatory Agreement dated as of December 31, 2000 recorded in the Official Records on October 31, 2002 as Instrument 2002-497656 as amended by an Amendment to Regulatory Agreement dated as of December 31, 2000 and recorded in the Official Records on September 24, 2004 as No. 2004-434623 (collectively, the "TCAC Regulatory Agreement") and a Notice of Affordability Restrictions on Transfer of Property dated February 7, 2011 recorded in the Official Records on March 28, 2011, as Instrument No. 2011-092474 (the "Notice" and collectively with the Loan Agreement, the Note, the Deed of Trust, and the Regulatory Agreement(the"Loan Documents"). F. Concurrently herewith, the Assignee is acquiring the Property from the Assignor pursuant to a Grant Deed. G. Assignor now wishes to assign its rights, title and interest in and obligations under the Loan Documents, as amended hereby, to Assignee, and Assignee wishes to assume Assignor's rights and obligations under the Loan Documents. H. Assignee desires to release Assignor from all obligations in connection with the Loan Documents. I. The Assignee and the City desire to modify the Loan Documents as set forth herein. NOW, THEREFORE, in consideration of the foregoing, of the mutual promises of the parties hereto and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,the parties mutually agree as follows: 1. Assignment and Delegation by Assignor. Assignor hereby assigns to Assignee all of Assignor's rights and delegates to Assignee all of Assignor's obligations under the Loan Documents. 2. Acceptance of Assignment and Delegation. Assignee hereby accepts the above assignment and delegation and hereby assumes all of the rights, obligations, covenants, and agreements of Assignor under the Loan Documents. Any reference to Assignor in the Loan Documents described above shall be deemed a reference to Assignee. 3. Release of Assignor. Assignee hereby releases Assignor from all obligations imposed under the Loan Documents. 4. Payment of Obligations. Assignee agrees that any amounts due from Assignor pursuant to the Loan Documents shall be assumed by Assignee. 2 Assignment and Modification—50k AH