WHEREAS, the indebtedness evidenced by the Note is secured and governed, interalia, by that certain Deed to Secure Debt and Assignment of Rents dated April 28, 2008 fromBorrower to Lender, recorded in Deed Book 46751, Page 654, Fulton County, Georgia records, asamended by that certain First Amendment to Deed to Secure Debt and Assignment of Rents and OtherLoan Documents dated July 25, 2008, recorded in Deed Book 47061, Page 676, aforesaid records, asfurther amended by that certain Second Amendment to Deed to Secure Debt and Assignment of Rents andOther Loan Documents dated July 17, 2009, recorded in Deed Book 48196, Page 361, aforesaid records,and as further amended by that certain Third Amendment to Deed to Secure Debt and Assignment ofRents and Other Loan Documents dated June 21, 2010, recorded in Deed Book 49127, Page 493,aforesaid records (as amended, the “Deed to Secure Debt”); andWHEREAS, Lender and Borrower have agreed to extend the maturity date for the indebtednessevidenced by the Note, and the parties desire to enter into this Amendment for the purpose ofconfirming that the maturity date for the Note has been extended and to make certain othermodifications to the Deed to Secure Debt as set forth herein.NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00), and other goodand valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged,the parties hereto agree as follows:1. **Amendment of Loan Documents**. Borrower and Lenderhave agreed that the maturity date of the Note is extended to July 31, 2012. All referencesin the Security Deed to the maturity date of the Note as July 31, 2011, are hereby deleted andsubstituted in lieu thereof shall be the date July 31, 2012.2. **Successors and Assigns****.**This Amendment and all documents executed by Lender andBorrower in connection herewith shall be binding upon and shall inure to the benefit of the partieshereto, their respective heirs, successors, successors-in-title and assigns.3. **Governing Law****.**This Amendment and all documents executed by Lender and Borrower inconnection herewith shall be governed by, and construed in accordance with, the laws of the Stateof Georgia.
 
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4. **Counterparts****.**This Amendment and all documents executed by Lender and Borrower inconnection herewith may be executed in two or more counterparts, each of which when so executed anddelivered shall be an original but all of which together shall constitute one and the sameinstrument.5. **Novation****.**Borrower and Lender acknowledge and agree that neither this Amendmentnor any document executed by Lender and Borrower in connection herewith is intended to be, andshall not be deemed or constitute, a novation.6. **Time of the Essence****.**Time is of the essence of this Amendment and all documentsexecuted by Lender and Borrower in connection herewith.7. **Severability****.**If any clause, sentence, section or provision of this Amendment orany document executed by Lender and Borrower in connection herewith is or becomes illegal, invalidor unenforceable because of present or future laws or any rule or regulation of any governmentalbody or entity, the intention of the parties hereto is that the remaining parts of this Amendmentshall not be affected thereby, unless the lack of such clause, sentence, section or provision is,in the sole, but reasonable, determination of Lender, essential to the rights of both parties inwhich event Lender shall have the right to terminate this Amendment on written notice to Borrower.8. **Construction****.**Borrower and Lender have each been represented by their respectivecounsel in the negotiation and execution of this Amendment and all documents executed by Lender andBorrower in connection herewith. Borrower and Lender each acknowledge and agree that they haveparticipated in the preparation and negotiation of this Amendment and all documentsexecuted by Lender and Borrower in connection herewith. No party hereto shall be deemed thescrivener of this Amendment. It is the intent and agreement of Borrower and Lender that thisAmendment and all documents executed by Lender and Borrower in connection herewith shall not beconstrued strictly for or against any party hereto.9. **Miscellaneous****.**All personal pronouns used herein whether used in the masculine,feminine or neuter gender, shall include all other genders; the singular shall include the plural,and vice versa. Titles of articles and sections as set forth herein are for convenience only andin no way define, limit, amplify or describe the scope or intent of any provisions hereof.10. **No Other Modification**. Except as expressly amended and modified herein, allterms, covenants and provisions of the Deed to Secure Debt shall remain unaltered and in full forceand effect and the parties hereto do hereby expressly ratify and confirm the Deed to Secure Debt asmodified hereby.[SIGNATURES BEGIN ON FOLLOWING PAGE]
 
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IN WITNESS WHEREOF, Borrower and Lender have hereunto set their hands and affixed their sealsas of the day and year first above written.         Signed, sealed and delivered **BORROWER**  in the presence of:          ROBERTS PROPERTIES RESIDENTIAL,  /s/ Anthony Shurtz L.P., a Georgia limited partnership   Witness        By:Roberts Realty Investors, Inc., aGeorgia corporation, its general partner        /s/ Elizabeth Connolly Notary Public   By: /s/ Charles S. Roberts Name: Charles S. Roberts       Title: President and CEO  My commission expires:          (Corporate Seal)            (NOTARIAL SEAL)        [SIGNATURES CONTINUED FOLLOWING PAGE]
 
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[SIGNATURES CONTINUED FROM PRECEDING PAGE]       Signed, sealed and delivered **LENDER**  in the presence of:        WELLS FARGO BANK, N.A., a national    banking association, successor by merger  /s/ Sarah Thornton to Wachovia Bank, National Association   Witness       By: /s/ Marie F. Thomas Marie F. Thomas  /s/ Valeri McLaughlin Notary Public   Vice President         My commission expires:   (BANK SEAL)