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St. James Capital, L.L.C. <br />33 Bloomfield Hills Parkway, Suite 125 <br />Bloomfield Hills, MI 48304 <br />Attn: Kenneth J. Wessel <br />U.S. Department of Housing and Urban Development <br />151 North Delaware Street Suite 1200 <br />Indianapolis, IN 46204 -2526 <br />Attn: Keith W. Lerch, Esq. <br />1 1. Representations and Warranties. <br />a) Tenant hereby represents and warrants that (i) Tenant is duly organized, validly <br />existing and in good standing (if applicable) in accordance with the laws of the State of <br />Wiscon4n; (ii) Tenant is authorized to do business in the State of Indiana; and (iii) the individual <br />executing and delivering this First Amendment on behalf of Tenant has been properly authorized <br />to do so, and such execution and delivery shall bind Tenant to its terms. <br />(b) Landlord hereby represents and warrants that (i) Landlord is duly organized, <br />validly existing and in good standing (if applicable) in accordance with the laws of the State <br />under A hich it was organized; (ii) Landlord is authorized to do business in the State of Indiana; <br />and (iii) the individual executing and delivering this First Amendment on behalf of Landlord has <br />been properly authorized to do so, and such execution and delivery shall bind Landlord to its <br />terms. <br />M. Counterparts; Conflicts. This First Amendment may be executed in multiple <br />counterparts, each of which shall be deemed an original and together will constitute one and the <br />same document. To the extent there exists a conflict or inconsistency between the terms of this <br />First Amendment and the terms contained in the Lease, the terms of this First Amendment shall <br />prevail. <br />.1. Governing Law. This First Amendment shall be governed by the laws of the <br />State of Indiana. <br />(SPACE INTENTIONALLY BLANK — SIGNATURES TO FOLLOW} <br />-3- <br />