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<br />8 <br />Commission agrees to accept any such performance or payment <br />tendered by the Investor on behalf of Developer as if it had been <br />performed or tendered by the Developer. <br /> <br />p) Section 8.8 is hereby revised to also include the following notice parties: <br />Investor: Cinnaire Fund for Housing Limited <br />Partnership 41 <br />c/o Cinnaire 41, Inc. <br />1118 S. Washington Ave. <br />Lansing, MI 48910 <br />Attn: Asset Management <br /> <br />With a copy to: Kutak Rock LLP <br />1650 Farnam St. <br />Omaha, NE 68102 <br />Attn: Asher R. Ball <br /> <br />q) EXHIBIT C, Description of Local Public Improvements, shall be <br />deleted in its entirety and replaced with the Exhibit C attached hereto as <br />Exhibit 2. <br />3. Entire Agreement; Conflict. Except as otherwise stated herein, all other terms, <br />conditions and agreements contained in the Development Agreement remain unmodified and in full <br />force and effect. To the extent a conflict exists between the terms of this Second Amendment and <br />the Development Agreement, the terms of this Second Amendment shall control. Capitalized terms <br />used in this Second Amendment will have the meanings set forth in the Development Agreement <br />unless otherwise stated herein. <br />4. Counterparts; Electronic or Facsimile Transmission. This Second Amendment <br />may be executed in counterparts which, when combined, shall constitute one instrument. The <br />electronic or facsimile transmission of a signed counterpart of this Second Amendment shall be <br />binding upon the party whose signature is contained on the transmitted copy. <br /> <br />Signature Page Follows