Note

Note. This Convertible Promissory Note.

Note. The meaning given to it in the preamble hereof.

Note. The Note and any other evidence of indebtedness secured by this Mortgage

Note. The meaning set forth in the preamble

Note. The Multifamily Note described on page 1 of this Instrument, including the Acknowledgment and Agreement of Key Principal to Personal Liability for Exceptions to Non-Recourse Liability (if any), and all schedules, riders, allonges and addenda, as such Multifamily Note may be amended from time to time.

Note. Shall mean have the meaning given such term in Paragraph 2(b) hereof

Note. The convertible promissory note issued by the Company to the Purchaser on the date hereof

Note. And "Notes" have the respective meanings specified in the Securities Purchase Agreement.

Note. The Company's Floating Rate Series A Secured Notes due 2013.

Note. The meaning set forth in Recital A to this Agreement.