82-25 AUTHORIZING, APPROVING, RATIFYING AND CONFIRMING CERTAIN ADDITIONS AND CHANGES TO ECONOMIC DEVELOPMENT REVENUE BONDS (BRETTWOOD VILLAGE ASSOCIATES PROJECT)

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(a) To cure any ambiguity, formal defect or omission in the Inden- ture; (b) To grant to or confer upon the Trustee for the benefit of the Bondholders any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Bondholders or the Trustee; (c) To subject to the assignment and pledge of the Indenture additional revenues or collateral; and (d) To modify, amend or supplement the Indenture or any supplemen- tal indenture in such manner as to permit the qualification thereof under any Federal statute hereafter in effect or under any state securities or Blue-Sky laws, and in connection therewith, if they so determine, to add to the Indenture or any supplemental indenture such other terms, condi- tions and provisions (which, in the judgment of the Trustee, are not to the prejudice of the holders of the Bonds) as may be permitted or required by said Federal statute or state securities or Blue-Sky laws. Exclusive of supplemental indentures for the purposes set forth in the previous paragraph, and subject to the terms and provisions of this paragraph, and not otherwise, the holders of not less than two-thirds in aggregate princi- pal amount of the Bonds then outstanding shall have the right, from time to time, to consent to and approve the execution by the City and the Trustee of such other indentures supplemental to the Indenture as shall be deemed necessary and desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in the Indenture or in any supplemental indenture, provided that a supplemental indenture which affects the rights, duties or obligations of the Bank shall not become effective unless and until the Bank approves such supplemental indenture, and provided, further, that, without the consent of the holders of the Bonds then outstanding, no supplemental indenture shall permit or be construed as permitting: (a) an extension of the stated maturity or reduction in the principal amount of, or reduction in the rate or extension of the time of payment of interest on, or the reduction of any premium payable on the redemption of, any Bonds, or (b) the creation of any lien on the Revenues prior to or on a parity with the security of the Inden- ture, or (c) a reduction in the aforesaid aggregate principal amount of Bonds the holders of which are required to consent to any such supplement indenture. No such supplemental indenture shall modify the rights, duties or immunities of the Trustee without the written consent of the Trustee. Discharge Provided that the City, the Partnership and the Land Trustee shall have kept, performed, and observed all of its covenants and promises in the Loan Agreement, the Note, the Mortgage and the Indenture, the lien created by the Indenture shall terminate and cease to exist 180 days after (i) there shall be no Bonds outstanding„ and (ii) all fees and expenses of the Trustee and the Paying Agent shall have been paid, except that if within 91 days of any payment of the principal of, premium, if any, and/or interest on the Bonds, no petition is filed by or against the Partnership or any general partner of the Partner- ship pursusnt to the Bankruptcy Code, then the lien of the Indenture shall cease and terminate at that time. 25