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FIRST SUPPLEMENTAL INDENTURE OF TRUST <br /> <br /> THIS FIRST SUPPLEMENTAL INDENTURE OF TRUST (the "First Supplemental <br />Indenture"), dated as of April 15, 2005, is by and between the CITY OF PLEASANTON, a <br />municipal corporation organized and existing under the laws of the State of California (the <br />"Issuer"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association <br />organized under the laws of the United States of America, successor to First Trust of California, <br />National Association, as trustee (the "Trustee"), and supplements and amends the Indenture of <br />Trust, dated as of December 15, 1994, by and between the Issuer and the predecessor in interest <br />to the Trustee (the "Original Indenture"). <br /> <br /> RECITALS: <br /> <br /> WHEREAS, pursuant to the Original Indenture, the Issuer has issued its City of <br />Pleasanton Multifamily Housing Revenue Refunding Bonds (Civic Square Apartments), 1994 <br />Issue A (the "Bonds"); and <br /> <br /> WHEREAS, Section 9.02 of the Original Indenture provides that the Issuer and the <br />Trustee may amend the Original Indenture with the prior written consents of the owners of the <br />Bonds and the Borrower (as such term is defined in the Indenture); and <br /> <br /> WHEREAS, the Borrower and the sole owner of the Bonds have requested that the <br />Issuer and the Trustee amend the Original Indenture to change the earliest possible <br />Remarketing Date (as defined therein) to December 1, 2009; and <br /> <br /> WHEREAS, the Issuer and the Trustee are willing to accommodate the request of the <br />Borrower and the sole owner of the Bonds by entering into this First Supplemental Indenture. <br /> <br /> AGREEMENT: <br /> <br /> NOW, THEREFORE, the parties hereto agree to amend the Original Indenture as <br />follows: <br /> <br /> Section 1. Amendment. The date "December 1, 2004" in the term "Remarketing Date" in <br />Section 1.01 of the Original Indenture and in Section 2.03(a) of the Original Indenture, is hereby <br />amended to be "December 1, 2009." <br /> <br /> Section 2. Execution in Several Counterparts. This First Supplemental Indenture may <br />be executed in any number of counterparts; each of such counterparts shall for all purposes be <br />deemed to be an original; and all such counterparts shall together constitute but one and the <br />same instrument. <br /> <br /> Section 3. Governing Law. This First Supplemental Indenture shall be governed by and <br /> construed in accordance with the laws of the State of California applicable to contracts made <br /> and performed in such State. <br /> <br /> -1- <br /> <br /> <br />