Common use of Maintenance of the Property Clause in Contracts

Maintenance of the Property. Borrower shall maintain and preserve the Project and the Property in good condition and repair, excepting reasonable wear and tear, and in a prudent and businesslike manner. Restoration of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basis, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm to maintain the landscaped areas in an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessary.

Maintenance of the Property. Prior to the issuance of the Certificate of Occupancy, the Borrower shall prepare and submit to the City for review and approval a program (the “Maintenance Program”) for the exterior and interior maintenance of the Property and the Improvements. The Maintenance Program may be included within its Management Plan. The Maintenance Program shall describe in reasonable detail the standards to be followed in maintaining the interior and exterior of the Improvements, including a schedule indicating the proposed frequency of each element of maintenance, and shall include, at a minimum, the following: periodic cleaning of the interior and exterior of the Improvements, including windows; removing graffiti; removing debris and waste materials and otherwise maintaining indoor and outdoor areas of the Property; maintaining any lawns, plants, shrubs and trees or other landscaping planted on the Property; performing inspections of all exterior features to determine whether repairs are required; conducting periodic protective treatments such as rust removal and caulking; conducting repairs to facades, roof, doors, windows and other exterior features; maintaining fencing and other security devices and systems; periodic repainting of the exterior; periodic repainting of the interior units and common areas; periodic replacing of the interior unit carpets; checking building systems, including, but not limited to the heating and cooling systems, smoke alarms and water heaters; checking interior unit appliances; and monitoring interior unit bathrooms for mold/mildew. The Maintenance Program, including any amendments proposed by the Borrower, shall be subject to the reasonable approval of the City. At all times after Completion of construction during the Restricted Period, the Borrower shall maintain and preserve the Project and the Property in good condition and repair, excepting reasonable wear and tear, and in a prudent and businesslike manner. Restoration of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment Improvements in accordance with manufacturers’ recommendations. b. Routine repairs the approved Maintenance Program. To implement this requirement, Borrower agrees to kitchen appliancesbudget sufficient funds to pay for all reasonably anticipated costs (as indicated in the Annual Maintenance Budget). In the event the Borrower fails to maintain the Property and the Improvements in accordance with the approved Maintenance Program, electricaland does not cure such failure within thirty (30) days following notice from the City, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basisCity shall have the right, but not less than once weeklythe obligation, to enter the Property, correct any violation, and kept free of trash hold the Borrower responsible for the cost thereof, and other debrissuch cost, until paid, shall constitute a lien on the Property. Garbage removal will be provided through arrangements with Prior to undertaking any work to correct any such maintenance deficiency, the City shall provide written notice that the Borrower correct the deficiency within a contractor, consistent with applicable City ordinancesreasonable time. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with Borrower shall have a reasonable time in which to provide pest control consistent with high quality apartment management practicescomply following such notice from the City. e. Contract with a landscape firm to maintain the landscaped areas in an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessary.

Maintenance of the Property. Borrower Leasing Before Closing --------------------------------------------------- Between the Effective Date and the Closing, Seller shall keep the Property insurance in full force and effect, maintain and preserve the Project and the Property in good condition and repair, excepting reasonable wear and teartear excepted, shall perform all work required to be done under the terms of any lease or agreement relating to the Property, and shall timely make all repairs, maintenance and replacements of equipment or improvements, the same as though Seller were retaining the Property; except that in the event of a prudent fire or other casualty, damage or loss, Seller shall have no duty to repair said damage, other than as stated in Section 7.2 above. However, Seller may repair any such damage with Purchaser's prior, written approval and businesslike mannermay, without Purchaser's approval, repair damage where such repair is necessary in Seller's reasonable opinion to preserve and protect the health and safety of tenants of the Property or to preserve the Property from imminent risk of further damage or if required to do so by Seller's insurance carrier. Restoration of damaged improvements Any such emergency repairs shall be made reported to a condition as good as existed Purchaser within forty-eight (48) hours after their commencement. During the period after the Effective Date and prior to the damageClosing, Seller shall not amend any existing lease in any material respect and shall not lease any portion of the Real Property unless such lease has been approved in writing by Purchaser. Borrower Seller's request for approval shall complete promptly include a copy of any leasing commission agreement, a quote for the cost of any tenant improvements and in a good copy of the proposed lease. Any such proposed lease shall be on Seller's standard form of lease and, (i) during the Feasibility Period shall be reviewed and workmanlike manner approved or rejected within two (2) business days after receipt thereof by Purchaser; and (ii) after the Feasibility Period and prior to Closing shall be reviewed and approved or rejected within five (5) business days after receipt thereof by Purchaser, approval during both time periods not to be unreasonably withheld. Failure to approve or reject such proposed lease within such applicable time periods shall be deemed approval. If the proposed lease is rejected, then Seller shall not enter into such lease. With respect to any improvements which may now or hereafter be constructed leases entered into between the Effective Date hereof and the Closing Date, Purchaser shall pay the unamortized cost (based on the Project number of months in the entire term of the lease for which rent is paid and the number of such months that shall have occurred as of the date of the Closing) of all tenant improvements and commercially reasonable third-party leasing commissions with respect thereto. Between the Effective Date and the Closing Date, Seller shall not enter into any new or modify any current service or maintenance contracts for the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders the term(s) of any governmental authority now or hereafter affecting which extend beyond the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendationsClosing Date. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basis, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm to maintain the landscaped areas in an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessary.

Maintenance of the Property. Borrower a. Developer, its successors and assigns, shall maintain and preserve the Project and Improvements on the Property in good the same aesthetic and sound condition and repair(or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and businesslike manner. Restoration removal of damaged improvements shall be made to a condition as good as existed prior litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticeProperty, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Developer, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Developer, correct any violation, and healthy conditionhold Developer, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. f. Interior painting b. If City gives written notice to Developer that the maintenance or condition of the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Developer shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and carpet cleaning safety, in which case, Developer shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Developer shall have such additional period of time to complete a cure as is reasonably necessary, provided that Developer has commenced the cure within the 30- day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Developer fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property, the Leasehold or replacement in individual rooms the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Developer shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on need, substantiated the Property or the Leasehold (as applicable) until paid by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessaryDeveloper pursuant to California Civil Code Section 2881.

Maintenance of the Property. Borrower a. Owner, its successors and assigns, shall maintain and preserve the Project and Improvements on the Property in good the same aesthetic and sound condition and repair(or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and businesslike manner. Restoration removal of damaged improvements shall be made to a condition as good as existed prior litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticeProperty, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Owner, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Owner, correct any violation, and healthy conditionhold Owner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. f. Interior painting b. If City gives written notice to Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and carpet cleaning safety, in which case, Owner shall cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or replacement in individual rooms the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Owner shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on need, substantiated the Property until paid by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessaryOwner pursuant to California Civil Code Section 2881.

Maintenance of the Property. Borrower a. Owner, its successors and assigns, shall maintain the Property and preserve Improvements in materially the Project same aesthetic and sound condition (or better) as the condition existing at the time City issues a Release of Construction Covenants pursuant to the Agreement, reasonable wear and tear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. Representative items of maintenance shall, however, include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the Property, on-site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of all landscaping in a healthy and attractive condition, including trimming, fertilizing and replacing vegetation as necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak- free and weather-tight condition; maintaining security devices in good working order. In the event Owner, its successors or assigns fails to maintain the Improvements in accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Owner, correct any violation, and hold Owner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property; provided, that any such lien shall at all times be subordinate to and shall not defeat, render invalid, or limit any Permitted Mortgage instrument (as that term is defined in the Agreement). b. If all or any portion of the Property or the Improvements are damaged or destroyed by fire or other casualty, it shall be the duty of Owner to rebuild, repair or reconstruct the Property in good a timely manner to restore it substantially to the condition described in Section 4.d(1) above; provided, however, under such circumstances, Owner shall be entitled to modify the Property or the Improvements in order to comply with revisions or modifications in applicable building codes and repairother applicable regulations, excepting reasonable wear construction materials and teartechniques or demonstrable changes in market conditions or demands, and all subject to City’s prior written approval, not to be unreasonably withheld, conditioned or delayed. c. If the Property or the Improvements are damaged or destroyed by casualty, Owner may not, without the prior written consent of the City, reconstruct, rebuild or repair the Property in a prudent manner which will provide different exterior appearance and businesslike manner. Restoration of damaged improvements shall be made to a condition as good as lot design from that which existed prior to the damage. Borrower date of the casualty; provided, however, under such circumstances, Owner shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on entitled to modify the Project Property or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate Improvements in order to monitor Borrowercomply with revisions or modifications in applicable building codes and other applicable regulations, construction materials and techniques or demonstrable changes in market conditions or demands, all subject to City’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs prior written approval, not to kitchen appliancesbe unreasonably withheld, electrical, plumbing and heating equipment. c. Intentionally Omittedconditioned or delayed. d. Preventative regular inspections In the event of common areas damage or destruction due to casualty, Owner shall be obligated to proceed to commence reconstruction with all appropriate dispatch and equipment due diligence, taking into account such conditions outside of Owner’s control as well as regular schedules (dailythe requirement to demolish the Improvements, weeklyadjust insurance claims, monthlysecure required governmental approvals and permits, quarterlythe availability of necessary labor and materials and the condition of the Property following an event of damage or destruction and, etc.) for maintaining thereafter, to complete reconstruction with commercially reasonable diligence, again subject to conditions and causes beyond the same. This will include maintenance reasonable control of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basis, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practicesOwner. e. Contract If City gives written notice to Owner that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and safety, in which case, Owner shall cure such deficiency within forty- eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a landscape firm non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the landscaped areas in an attractive Property or the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms Owner shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on needthe Property or the Improvements (as applicable) until paid by Owner pursuant to California Civil Code Section 2881; provided, substantiated by the annual physical inspectionthat any such lien shall at all times be subordinate to and shall not defeat, render invalid, or limit any Permitted Mortgage instrument (as occupancy changes, or as Borrower or its management agent may otherwise deem necessarythat term is defined in the Agreement).

Maintenance of the Property. Borrower SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain protect, maintain, and preserve the Project PROPERTY in compliance with all applicable federal and state law and regulations and local ordinances. In addition, SUBRECIPIENT covenants and agrees for itself, its successors and assigns and every successor in SUBRECIPIENT’s interest in the Property PROPERTY or any part thereof, that SUBRECIPIENT, and its successors and assigns, shall maintain the PROPERTY, at its sole cost and expense, including, but not limited to improvements, both interior and exterior, and landscaping on the PROPERTY in good a first class, clean, safe, sanitary and presentable condition consistent with community standards free from any accumulation of debris and repair, excepting reasonable wear and tearwaste, and in a prudent and businesslike mannermanner which will uphold the value of the PROPERTY. Restoration This standard for the quality of damaged improvements maintenance of the PROPERTY shall be made to met whether or not a condition specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as good as existed prior necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticePROPERTY, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. SUBRECIPIENT covenants and agrees for itself, but not less than once weeklyits successors and assigns and every successor in SUBRECIPIENT’s interest in the PROPERTY or any part thereof, that SUBRECIPIENT, and kept free of trash its successors and other debris. Garbage removal will be provided through arrangements with a contractorassigns, consistent with applicable City ordinances. The trash areas will be swept daily in the event SUBRECIPIENT, or its successors and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm assigns, fails to maintain the landscaped areas PROPERTY in an attractive accordance with the standard for the quality of maintenance, the COUNTY or its designee shall have the right but not the obligation to enter the PROPERTY upon reasonable notice to SUBRECIPIENT (and healthy condition. f. Interior painting the successor or assign that is then the owner of the PROPERTY), correct any violation, and carpet cleaning hold SUBRECIPIENT, or replacement in individual rooms such successors or assigns responsible for the cost thereof, and such cost, if unpaid after fifteen (15) days, shall be based on need, substantiated assessed as a lien against the PROPERTY with interest at the highest rate permitted by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessarylaw.

Maintenance of the Property. Borrower a. Commission, its successors and assigns, shall maintain the Improvements on the Propertiesin the same aesthetic and preserve sound condition (or better) as the Project and condition of the Property in good condition and repairProperties at the time City issues a Release of Construction Covenants pursuant to the Agreement, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Propertiesshall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and businesslike manner. Restoration removal of damaged improvements shall be made to a condition as good as existed prior litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticeProperties, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Properties upon reasonable notice to Commission, correct any violation, and healthy conditionhold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Properties. f. Interior painting b. If City gives written notice to Commission that the maintenance or condition of the Properties or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and carpet cleaning safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Properties or replacement in individual rooms the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on need, substantiated the Properties until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessaryProperties.

Maintenance of the Property. Borrower shall Participant covenants and agrees to --------------------------- maintain and preserve the Project and all improvements on the Property in good condition and repairrepair (and, excepting reasonable wear as to landscaping, in a healthy condition) and tearin accordance with all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. In addition, Participant shall keep the Property free from all graffiti and any accumulation of debris or waste material. Participant shall make all repairs and replacements necessary to keep the improvements in good condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. In the event that Participant breaches any of the covenants contained in this Paragraph --------- 5.2 and such default continues for a period of five (5) business days after --- written notice from Agency (with respect to landscaping, graffiti, debris, waste material, and general maintenance) or thirty (30) days after written notice from Agency (with respect to building improvements), then Agency and/or City, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, Agency and/or City shall be permitted (but are not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property, and to attach a lien on the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by Agency and/or City and/or costs of such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by Participant to Agency upon demand. In addition to any other remedy that Agency may have, it shall be entitled to pay to the City the amount of any duly imposed assessments against the Property, and to reduce the Specified Amount in a prudent and businesslike mannercorresponding sum. Restoration of damaged improvements Such assessments might include, but shall not be limited to, the amounts required for parking lot maintenance, landscape maintenance, graffiti removal or debris or hazardous waste removal. No such assessment shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with unless the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including Agreement have been complied with and the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendationsCity's nuisance abatement procedures. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basis, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm to maintain the landscaped areas in an attractive and healthy condition. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessary.

Maintenance of the Property. Borrower 4.1. Owner shall maintain and preserve the Project and the Property and Improvements in good the same aesthetic and sound condition and repair(or better) as the condition existing at the time City issues the Release of Construction Covenants pursuant to the DDA, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent and businesslike manner. Restoration immediate repainting or repair or replacement of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all lawssurfaces, ordinancesfencing, ruleswalls, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining , as necessary; emptying of trash receptacles and removal of litter; sweeping of public sidewalks adjacent to the same. This will include Property, on- site walks and paved areas and washing-down as necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Owner, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Owner, correct any violation, and healthy conditionhold Owner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. f. Interior painting and carpet cleaning 4.2. If City gives written notice to Owner that the maintenance or replacement in individual rooms shall be based on need, substantiated by condition of the annual physical inspectionProperty or the Improvements, or as occupancy changesany portion thereof or any other improvements thereon, does not comply with this Agreement, Owner shall correct, remedy or as Borrower or its management agent may otherwise deem necessary.cure the deficiency within thirty

Maintenance of the Property. Borrower a. Owner, its successors and assigns, shall maintain and preserve the Project and Improvements on the Property in good the same aesthetic and sound condition and repair(or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and businesslike manner. Restoration removal of damaged improvements shall be made to a condition as good as existed prior litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticeProperty, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings on a regular program and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Owner, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Owner, correct any violation, and healthy conditionhold Owner, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. f. Interior painting b. If City gives written notice to Owner that the maintenance or condition of the Property, the Leasehold or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Owner shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and carpet cleaning safety, in which case, Owner shall cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Owner shall have such additional period of time to complete a cure as is reasonably necessary, provided that Owner has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Owner fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property, the Leasehold or replacement in individual rooms the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Owner shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on need, substantiated the Property or the Leasehold (as applicable) until paid by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessaryOwner pursuant to California Civil Code Section 2881.

Maintenance of the Property. 4.2.1 Prior to the Closing, Borrower shall prepare and submit to the Administrator (or her designee) for review and approval a program (the “Exterior Maintenance Program”) for the maintenance of the exterior of the structures on the Property. 4.2.2 The Exterior Maintenance Program shall describe in reasonable detail the standards to be followed in maintaining the exterior of the structures on the Property, including a schedule indicating the proposed frequency of each element of maintenance, and shall include, at a minimum, the following: periodic cleaning of the exterior of the structures on the Property, including windows; removing graffiti; removing debris and waste materials and otherwise maintaining outdoor areas of the Property; performing inspections of all exterior features to determine whether repairs are required; conducting periodic protective treatments such as rust removal and caulking; conducting repairs to facades, roof, doors, windows and other exterior features; maintaining fencing and other security devices and systems; and periodic repainting. The Exterior Maintenance Program, including any amendments proposed by Borrower, shall be subject to the approval of the Administrator, and shall be made part of the Agreement Containing Covenants for the project. 4.2.3 For so long as the City Deed of Trust remains unsatisfied of record, Borrower and its successors and assigns to the Property (the “Owners”) shall maintain and preserve the Project and exterior of the structures on the Property in good condition and repair, excepting reasonable wear and tear, and in a prudent and businesslike manneraccordance with the approved Exterior Maintenance Program. Restoration In the event Owners fail to maintain the exterior of damaged improvements shall be made to a condition as good as existed prior to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed structures on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable notice, on-site inspections and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliancesthe approved Exterior Maintenance Program, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common areas and equipment as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include maintenance of exterior areas to keep grounds free of graffiti, litter, trash and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such as hallways and laundry rooms will be swept and cleaned on a regular basisCity shall have the right, but not less than once weeklythe obligation, to enter the Property, correct any violation, and kept free of trash hold the Owners responsible for the cost thereof, and other debris. Garbage removal will be provided through arrangements with such cost, until paid, shall constitute a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practiceslien on the Property. e. Contract with a landscape firm to maintain the landscaped areas in an attractive and healthy condition4.2.4 The Agreement Containing Covenants shall contain appropriate provisions implementing this Section 4.2. f. Interior painting and carpet cleaning or replacement in individual rooms shall be based on need, substantiated by the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessary.

Maintenance of the Property. Borrower a. Commission, its successors and assigns, shall maintain and preserve the Project and Improvements on the Property in good the same aesthetic and sound condition and repair(or better) as the condition of the Property at the time City issues a Release of Construction Covenants pursuant to the Agreement, excepting reasonable wear and teartear excepted. This standard for the quality of maintenance of the Property shall be met whether or not a specific item of maintenance is listed below. However, representative items of maintenance shall include frequent and regular inspection for graffiti or damage or deterioration or failure, and in a prudent immediate repainting or repair or replacement of all surfaces, fencing, walls, equipment, etc., as necessary; emptying of trash receptacles and businesslike manner. Restoration removal of damaged improvements shall be made to a condition as good as existed prior litter; sweeping of public sidewalks adjacent to the damage. Borrower shall complete promptly and in a good and workmanlike manner any improvements which may now or hereafter be constructed on the Project or the Property and pay when due all claims for labor performed and material furnished therefor. Borrower shall comply with all laws, ordinances, rules, regulations, covenants, conditions, restrictions, and orders of any governmental authority now or hereafter affecting the conduct or operation of the Project and of Borrower’s business on the Project or any part thereof or requiring any alteration or improvement to be made thereon. Borrower shall maintain abutting grounds, sidewalks, roads, parking, and landscaped areas in good and neat order and repair. Borrower hereby agrees that Lender may conduct from time to time through representatives of its own choice, upon reasonable noticeProperty, on-site inspections walks and observation of such records of Borrower relating to the Project and the Property as Lender reasonably deems to be necessary or appropriate in order to monitor Borrower’s compliance with the provisions of this Agreement. The Management Plan shall also include an ongoing maintenance program including the following: a. Scheduled preventative maintenance and repair of installed equipment in accordance with manufacturers’ recommendations. b. Routine repairs to kitchen appliances, electrical, plumbing and heating equipment. c. Intentionally Omitted. d. Preventative regular inspections of common paved areas and equipment washing-down as well as regular schedules (daily, weekly, monthly, quarterly, etc.) for maintaining the same. This will include necessary to maintain clean surfaces; maintenance of exterior areas to keep grounds free of graffitiall landscaping in a healthy and attractive condition, litterincluding trimming, trash fertilizing and paper. Parking areas will be maintained in good repair and free from dirt and litter. Common areas such replacing vegetation as hallways and laundry rooms will be swept and cleaned necessary; cleaning windows on a regular basis; painting the buildings as needed and prior to the deterioration of the painted surfaces; conducting a roof inspection on a regular basis and maintaining the roof in a leak-free and weather-tight condition; maintaining security devices in good working order. In the event Commission, but not less than once weekly, and kept free of trash and other debris. Garbage removal will be provided through arrangements with a contractor, consistent with applicable City ordinances. The trash areas will be swept daily and scrubbed with disinfectant when necessary. Extermination services will be contracted with to provide pest control consistent with high quality apartment management practices. e. Contract with a landscape firm its successors or assigns fails to maintain the landscaped areas Improvements in an attractive accordance with the standard for the quality of maintenance, City or its designee shall have the right but not the obligation to enter the Property upon reasonable notice to Commission, correct any violation, and healthy conditionhold Commission, or such successors or assigns responsible for the cost thereof, and such cost, until paid, shall constitute a lien on the Property. f. Interior painting b. If City gives written notice to Commission that the maintenance or condition of the Property or the Improvements, or any portion thereof or any other improvements thereon, does not comply with this Agreement, Commission shall correct, remedy or cure the deficiency within thirty (30) days following the date of such notice, unless the notice states that the deficiency is an urgent matter relating to public health and carpet cleaning safety, in which case, Commission shall use commercially reasonable efforts to cure such deficiency within forty-eight (48) hours following the date of the notice. Notwithstanding the foregoing, in the event any deficiency of a non-urgent nature is not reasonably capable of being cured within the 30-day time limit set forth in the immediately preceding sentence, Commission shall have such additional period of time to complete a cure as is reasonably necessary, provided that Commission has commenced the cure within the 30-day period (to the extent feasible) and diligently proceeds to cure such deficiency. If Commission fails to cure any such deficiencies within the applicable period described above, City shall have, in addition to any other rights and remedies hereunder, the right to maintain the Property or replacement in individual rooms the Improvements, or any portion thereof or any other improvements thereon, or to contract for the correction of any deficiencies, and Commission shall be based responsible for payment of all such costs actually and reasonably incurred by City and such payment shall constitute a lien on need, substantiated the Property until paid by Commission pursuant to California Civil Code Section 2881. Any lien created by this Section shall be subject and subordinate to any mortgage encumbering the annual physical inspection, or as occupancy changes, or as Borrower or its management agent may otherwise deem necessaryProperty.