ORIGINAL BORROWER. WATERVIEW AT MANSFIELD INVESTORS, L.P., a Texas limited partnership By: Waterview at Mansfield GenPar II, LLC, a Delaware limited liability company Its: General Partner By: /s/ Xxxxxxx X. Xxxxxxx Name: Xxxxxxx X. Xxxxxxx Title: President Address for Notice to Original Borrower: 0000 X. Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxx 00000 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on June 26, 2014, by Xxxxxxx X. Xxxxxxx, the President of Waterview at Mansfield GenPar II, LLC, a Delaware limited liability company, the General Partner of WATERVIEW AT MANSFIELD INVESTORS, L.P., a Texas limited partnership, on behalf of said limited partnership. /s/ Xxxx X. Xxxxxxxx Notary Public Printed Name: Xxxx X. Xxxxxxxx My Commission Expires: November 30, 0000 XXX XXXXXXXX: XXX XXXXXXXXXX XX XXXXXXXXX XX OWNER, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Senior Vice President Address for Notice to New Borrower: c/o CNL Healthcare Properties, Inc. 000 Xxxxx Xxxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, Xxxxxxx 00000-0000 Signed, sealed and delivered in the presence of: /s/ Xxxxx Xxxx Unofficial Witness /s/ Xxxxx X. Xxxxxx Unofficial Witness STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this day of June, 2014, by Xxxxxx X. Xxxxx, as Senior Vice President of CHP WATERCREST AT MANSFIELD TX OWNER, LLC, a Delaware limited liability company, on behalf of such limited liability company. He ¨ is personally known to me or ¨ has produced as identification. (NOTARY SEAL) /s/ Xxxxx X. Xxxxxx Notary Public Signature Xxxxx X. Xxxxxx (Name typed, printed or stamped) CONSENTED TO BY LENDER: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF X.X. XXXXXX CHASE COMMERCIAL MORTGAGE SECURITIES CORP., MULTIFAMILY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-K36 By KEYBANK NATIONAL ASSOCIATION, as Sub-Servicer and Attorney in Fact for XXXXX FARGO BANK, NATIONAL ASSOCIATION, Master Servicer By: /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President Address for Notice to Lender: c/o KeyBank Real Estate Capital 00000 Xxxxxxx Xxxxxx, Xxxxx 000 Xxxxxxxx Xxxx, XX 00000 STATE OF KANSAS COUNTY OF XXXXXXX This instrument was acknowledged before me on June 26, 2014, by Xxxx Xxxxxxx, the Vice President of KEYBANK NATIONAL ASSOCIATION, a national banking association, as Sub-Servicer and Attorney in Fact for XXXXX FARGO BANK, NATIONAL ASSOCIATION, Master Servicer for ...
ORIGINAL BORROWER. S/ DXXXX X. XXXXXX Dxxxx X. Xxxxxx Chief Legal Officer BORROWER: /S/ DXXXX X. XXXXXX Dxxxx X. Xxxxxx Chief Legal Officer OPERATING LESSEE: Acknowledged and agreed to with respect to its obligations set forth in Articles 4, 5 and 6 hereof and Section 2.13(g): /S/ DXXXX X. XXXXXXXX Dxxxx X. Xxxxxxxx Chief Financial Officer EXHIBIT A Additional Definitions Initial Deferred Maintenance Amount $ 25,000 Initial Basic Carrying Cost Amount $ 442,755 Initial Upfront Remediation Amount $ 618.75 EXHIBIT B Deferred Maintenance Individual Property Deferred Maintenance Residence Inn Fairfax, Falls Church, VA Repair asphalt pavement; Paint wood trim. Rxxxxxxxx Xxx Xxxxxxxx Xxxx, Xxx Xxxxx, XX Replace carpet, replace soft goods. Courtyard Irvine Spectrum, Foothill Ranch, CA None Embassy Suites Houston, Houston, TX None Courtyard Alpharetta, Alpharetta, GA Replace roof flashing. EXHIBIT C Individual Properties and Allocated Loan Amounts Individual Property Deferred Maintenance Residence Inn Fairfax, Falls Church, VA $ 23,850,000 Rxxxxxxxx Xxx Xxxxxxxx Xxxx, Xxx Xxxxx, XX $ 21,375,000 Courtyard Irvine Spectrum, Foothill Ranch, CA $ 14,000,000 Embassy Suites Houston, Houston, TX $ 13,050,000 Courtyard Alpharetta, Alpharetta, GA $ 10,800,000 EXHIBIT D Franchisors and Managers Individual Property Franchisor Manager Residence Inn Fairfax, Falls Church, VA N/A Residence Inn by Marriott, Inc. Rxxxxxxxx Xxx Xxxxxxxx Xxxx, Xxx Xxxxx, XX N/A Residence Inn by Marriott, Inc. Courtyard Irvine Spectrum, Foothill Ranch, CA N/A Courtyard Management Corporation Embassy Suites Houston, Houston, TX Promus Hotels, Inc. Remington Lodging & Hospitality LP Courtyard Alpharetta, Alpharetta, GA N/A Courtyard Management Corporation EXHIBIT E Operating Budget for Closing Date through 12/31/2005 Attached following this page. EXHIBIT F FF&E FINANCING Residence Inn Sorrento Mesa, San Diego, CA Alamo Leasing Co. (Vehicle lease) Residence Inn Fairfax, Falls Church, VA
ORIGINAL BORROWER. Original Borrower represents and warrants to Lender, as of the date of this Assumption Agreement, that:
ORIGINAL BORROWER. New Borrower and Lender hereby acknowledge that the Cap Agreement (as defined in the Assignment of Rate Cap Agreement) has been novated pursuant to a Novation Confirmation dated on or about the Effective Date executed by SMBC Capital Markets, Inc., New Borrower and Original Borrower.
ORIGINAL BORROWER. WATERFORD PLACE APARTMENTS, LLC, a California limited liability company By: Xxxx Properties Management Company, Inc., a Delaware corporation, its manager By: /s/ Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx Secretary By: /s/ Xxxxxx X. O’Dell Xxxxxx X. O’Dell Treasurer Address for Notice to Original Borrower: c/o X. X. Xxxx Co., Inc. 000 Xxxx Xxxxxx Xxxx Xxxxxx, Xxxxxxxxxx 00000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2009 before me, Xxxxxxxxx Xxxxxxxxx, Notary Public, DATE NAME, TITLE OF OFFICER- E.G. XXXX XXX, NOTARY PUBLIC personally appeared Xxxxx X. Xxxxxxxx, NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [SEAL] /s/ Xxxxxxxxx Xxxxxxxxx Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2009 before me, Xxxxxxxxx Xxxxxxxxx, Notary Public, DATE NAME, TITLE OF OFFICER- E.G. XXXX XXX, NOTARY PUBLIC personally appeared Xxxxxx X. O’Dell, NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [SEAL] /s/ Xxxxxxxxx Xxxxxxxxx Signature of Notary NEW BORROWER: BEHRINGER HARVARD WATERFORD PLACE REIT, LLC, a Delaware limited liability company By: Behringer Harvard Waterford Place Venture, LLC, a Delaware limited liability company, its manager By: Behringer Harvard Waterford Place, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Operating Officer Tax identification number for New Borrower: 00-0000000 Address for Notice to New Borrow...
ORIGINAL BORROWER. PMZ-TWO RIVERS, L.L.C., a Delaware limited liability company By: /s/ Dxxxxxx X. Xxxxx Name: Dxxxxxx X. Xxxxx Title: Vice President The parties have executed and delivered this Agreement as of the day and year first above written.
ORIGINAL BORROWER. JPG-HARTFORD, L.L.C., a Delaware limited liability company By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx, President The parties have executed and delivered this Agreement as of the day and year first above written.
ORIGINAL BORROWER. New Borrower and Lender have agreed that, simultaneously with the execution hereof, all reasonable, out-of-pocket costs and charges arising in connection with the execution of this Agreement, including without limitation, all reasonable attorneys' fees, title company fees, title insurance premiums, recording costs and other closing costs incurred by Lender in connection with this Agreement, will be paid by Original Borrower and/or New Borrower as of the Effective Date, and that Lender shall have no obligation whatsoever for payment thereof. New Borrower acknowledges and agrees that none of the fees, costs, and charges paid in connection with the execution of this Agreement shall be applied to or set off against the principal balance of the Note.
ORIGINAL BORROWER. Original Borrower is a duly organized, validly existing limited liability company in good standing under the laws of the State of Hawaii. West Oahu Mall, Inc. (“OB Managing Member”) is the managing member of Original Borrower. OB Managing Member, acting alone without the joinder of any other manager or member of Original Borrower or any other party, has the power and authority to execute this Agreement on behalf of and to duly bind Original Borrower under this Agreement. The execution and delivery of, and performance under, this Agreement by Original Borrower have been duly and properly authorized pursuant to all requisite limited liability company action and will not (x) violate any provision of any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Original Borrower or the articles of organization, certificate of formation, operating agreement, limited liability company agreement or any other organizational document of Original Borrower or (y) result in a breach of or constitute or cause a default under any indenture, agreement, lease or instrument to which Original Borrower is a party or by which the Project may be bound or affected.
