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Attachment D Notwithstanding anything to the contrary contained herein, the Governmental Lender and the Fiscal Agent hereby agree that any cure of any default made or tendered by one or more of the BorrowerÓs partners or by the Funding Lender shall be deemed to be a cure by Borrower and shall be accepted or rejected on the same basis as if made or tendered by Borrower. All fees, costs, and expenses of the Fiscal Agent or the Governmental Lender incurred in taking any action pursuant to this Section 13 shall be the sole responsibility of the Borrower and shall be paid to the Fiscal Agent or the Governmental Lender, as the case may be, on demand. After the Note has been discharged, the Governmental Lender may act on its own behalf to declare an ÐEvent of DefaultÑ to have occurred and to take any one or more of the steps specified hereinabove to the same extent and with the same effect as if taken by the Fiscal Agent at the direction of the Funding Lender. Section 14. The Fiscal Agent and the Governmental Lender. The Fiscal Agent is entering into this Regulatory Agreement in its capacity as the fiscal agent of the Note pursuant to the Funding Loan Agreement. The Governmental Lender may, at all times, assume the BorrowerÓs compliance with this Regulatory Agreement unless otherwise notified in writing by the Fiscal Agent, or unless the Governmental Lender has actual knowledge of noncompliance. The Fiscal Agent can rely on the accuracy of any certificates, instruments, opinions, or reports delivered to it by the Borrower. Following the payment in full and the discharge of the Note and the termination of the Funding Loan Agreement, if this Regulatory Agreement remains operative: (i) all obligations, rights, and duties of the Fiscal Agent under this Regulatory Agreement will terminate and be of no further force and effect; (ii) all actions required by the Fiscal Agent will instead be undertaken by the Governmental Lender; and (iii) all notices to be delivered to the Fiscal Agent will instead be delivered to the Governmental Lender and all notices to be delivered by the Fiscal Agent will instead be delivered by the Governmental Lender. Section 15. Amendment. The provisions hereof shall not be amended or revised prior to the stated term hereof except by an instrument in writing duly executed by the Governmental Lender, the Fiscal Agent, as may be required by the Loan Agreement or the Funding Loan Agreement, the Funding Lender, and the Borrower, and duly recorded in the same manner as this Regulatory Agreement. The Governmental LenderÓs, Funding LenderÓs, and Fiscal AgentÓs consent to any such amendment or revision (whether or not the Note shall then be outstanding) shall be given only upon receipt of an opinion of Bond Counsel addressed to the Governmental Lender, the Funding Lender and Fiscal Agent that such amendment or revision will not adversely affect the exemption from federal income taxation of interest on the Note. None of the Governmental Lender, the Funding Lender or the Fiscal Agent shall have a duty to prepare any such consent, amendment, or revision. Section 16. Right of Access to the Project and Records. The Borrower agrees that during the term of this Regulatory Agreement, the Governmental Lender, the Fiscal Agent, and the duly authorized agents of either of them shall have the right at all reasonable times, and upon reasonable notice of at least 24 hours, to enter upon the site of the Project during normal business hours to examine and inspect the Project and to have access to the books and records of the Borrower with respect to the Project, a copy of which shall be maintained at the site of the Project. 15 12519391v3