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97174497 The parties hereto acknowledge that it is impossible to estimate more precisely the damages to be suffered by Lender upon Borrower's failure of performance and the parties expressly acknowledge that the amount calculated as liquidated damages is intended not as a penalty, but as full liquidated damages. The exercising of this option shall not prejudice the Lender from pursuing all rights and remedies available under this Promissory Note or as may be otherwise available to Lender. 8. Paragraph 4(h) is hereby deleted. 9. Paragraph 5 is hereby deleted. 10. Paragraph 6 is hereby amended to read: "DEFAULT: Any failure to provide the eleven (11) units at affordable rental levels as set forth in the Regulatory Agreement or any discrimination by Borrower in not permitting Section 8 renters to be eligible to qualify for the eleven (11) units of affordable housing will constitute a default of this Promissory Note." 11. The last sentence of Paragraph 7(a) is hereby amended to read: "If, after the time provided in subparagraph (a), Borrower has not cured the default, the entire unforgiven balance of the loan shall be paid by the Borrower to the Lender upon written notice, pursuant to the terms set forth in Section 6, above." 12. Schedule A is hereby deleted. The parties agree that all other terms and conditions of the Promissory Note shall remain in full force and effect. Executed as of the date first set forth above. CITY OF SAN LEANDRO, a municipal corporation. La,nv;�:, Wandzia Grcz, to ' City Manager Attest: Jac lyn Dkz, Act City Clerk Fenway Partners Promissory Note Amendment No. 1 Page 2 of 3