Delivery of Documents. The [[Collateral Agent:Organization]] shall have received on or before the Amendment No. 5 Effective Date the following, each in form and substance reasonably satisfactory to the [[Collateral Agent:Organization]] and, unless indicated otherwise, dated the Amendment No. 5 Effective Date:

Delivery of Documents. The Agent shall have received on or before the Amendment Effective Date this Amendment, duly executed by the Borrower, the Agent and the Lenders.

To the extent [[Organization B:Organization]] receives financial statements required under [Sections 9.7, 9.8, 9.9, 9.12 and 9.13]3]3]3]3] or Borrowing Base Certificates from any Borrower pursuant to the terms of this Agreement which any Borrower is not obligated to deliver to each [[Organization C:Organization]], [[Organization B:Organization]] will promptly furnish such documents and information to Lenders, subject to [Section 16.15].

Delivery of Mortgage Documents. The Mortgage Note, the Mortgage, the Assignment of Mortgage and any other documents required to be delivered under the Custodial Agreement for each Mortgage Loan have been delivered to the Custodian including, the Modification Agreement with respect to a Ginnie Mae Modified Loan. [[Organization C:Organization]] is in possession of a complete, true and accurate Mortgage File, except for such documents the originals of which have been delivered to the Custodian.

Electronic Delivery of Documents. By your signing this Agreement, you # consent to the electronic delivery of this Agreement, all information with respect to the Plan and the Restricted Shares and any reports of the Company provided generally to the Company’s stockholders; # acknowledge that you may receive from the Company a paper copy of any documents delivered electronically at no cost to you by contacting the Company by telephone or in writing; # further acknowledge that you may revoke your consent to the electronic delivery of documents at any time by notifying the Company of such revoked consent by telephone, postal service or electronic mail; and # further acknowledge that you understand that you are not required to consent to electronic delivery of documents.

Delivery of Organizational Documents. The Borrowers shall deliver or cause to be delivered to the Agent copies certified by the Borrowers of all organizational documentation related to each Borrower and each Guarantor, and certification related to their respective formation, structure, existence, good standing and qualification to do business, as the Agent may reasonably request in its sole discretion, including, without limitation, good standing certificates, certificates evidencing qualification to do business in the appropriate jurisdictions, resolutions authorizing entry into the Loan and incumbency certificates.

Delivery of Documents and Notices. Any document relating to the receipt of this Award or notice required or permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this RSA Agreement provides for effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delivery, or upon deposit in the U.S. Post Office or foreign postal service, by registered or certified mail, with postage and fees prepaid, addressed to the other party at the e-mail address, if any, provided for Participant by the Company or at such other address as such party may designate in writing from time to time to the other party.

Subject to [Subsections (b) and (c)])] of this Section, within five (5) Business Days after the Purchase Date for any Participated Mortgage Loan, [[Organization B:Organization]] shall deliver or cause to be delivered to the Document Custodian all of the [[Organization C:Organization]] Document Deliverables for such Participated Mortgage Loan. [[Organization C:Organization]] reserves the right to require copies of any of the [[Organization C:Organization]] Document Deliverables for review prior to making any Advance for the purchase of a Participation Interest in any specific Mortgage Loan.

Execution and Delivery of Ancillary Documents. Sellers or their applicable Affiliates shall have executed and delivered to Purchaser each of the Ancillary Documents to which they are a party, each of which shall be in full force and effect as of Closing.

Security Documents. At any time after the Closing Date, the Administrative Agent shall fail to have an Acceptable Security Interest in any material Collateral, except as a result of # a sale, transfer or other disposition of the applicable Collateral in a transaction permitted under the Loan Documents or # the Administrative Agent’s failure to maintain possession of any stock certificate, promissory note or other instrument delivered to it under the Security Documents;

Collateral Documents. Any Collateral Document after delivery thereof pursuant to [[Section 6.1 or 8.12]2]] shall for any reason (other than pursuant to the terms thereof) cease to create a valid and perfected first priority Lien (subject to Permitted Liens) on any material portion of the Collateral purported to be covered thereby; or

Loan Documents. This Note is issued pursuant to that certain Loan Agreement dated of even date herewith by and between the Borrower and Lender (as the same may be amended, restated or supplemented from time to time, the “Loan Agreement”). The performance of the Borrower's obligations hereunder is secured by, among other things: # a Deed of Trust, Security Agreement and Fixture Filing of even date herewith (as the same may be amended, restated or supplemented from time to time, the “Deed of Trust”) from the Borrower for the benefit of the Lender, granting a lien on certain property owned by the Borrower and located in the District of Columbia, and more particularly described in the Deed of Trust (the “Property”), # an Assignment of Leases and Rents of even date herewith made by Borrower for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Leases Assignment”), # a Carve-Out Guaranty Agreement of even date herewith made by [[Organization A:Organization]], a Virginia limited liability company (the “Guarantor“) for the benefit of the Lender (as the same may be amended, restated or supplemented from time to time, the “Guaranty”), # an Environmental Indemnity Agreement of even date herewith made by Borrower and Guarantor for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Environmental Indemnity”) and # an Assignment of Property Management Contract and Subordination of Management Fees of even date herewith made by Borrower for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Management Agreement Assignment”). This Note, the Loan Agreement, the Deed of Trust, the Leases Assignment, the Guaranty, the Environmental Indemnity, the Management Agreement Assignment and any other document executed or delivered by the Borrower and/or Guarantor in connection with the Loan shall be referred to herein as the “Loan Documents”.

Loan Documents. The Loan Documents, as such may be amended in accordance herewith, are and remain valid and binding obligations of the parties thereto, enforceable in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity. This Amendment is a Loan Document.

Bond Documents. With respect to each Bond delivered to NatWest USA by Escrow Agent, Seller shall deliver to NatWest USA originals or copies, as requested by NatWest USA, of all Bond Documents requested by NatWest USA.

Loan Documents. This Amendment is a Loan Document as defined in the Credit Agreement, and the provisions of the Credit Agreement generally applicable to Loan Documents are applicable hereto and incorporated herein by this reference.

OTHER DOCUMENTS. You hereby acknowledge receipt or the right to receive a document providing the information required by Rule 428(b)(1) promulgated under the Securities Act. In addition, you acknowledge receipt of the Company’s policy permitting certain individuals to sell shares only during certain “window” periods and the Company’s insider trading policy, in effect from time to time.

Closing Documents. Seller shall have duly executed and delivered, or caused to be executed and delivered, to Buyer the Seller’s Closing Documents.

Organizational Documents. The Company has furnished to the Buyers true, correct and complete copies of the Company’s Certificate of Incorporation, as amended and as in effect on the date hereof (the “Certificate of Incorporation”), and the Company’s bylaws, as amended and as in effect on the date hereof (the “Bylaws”), and the terms of all Convertible Securities and the material rights of the holders thereof in respect thereto.

Security Documents. All of the Secured Obligations, as amended by this Amendment, are secured by all of the Security Documents.