FOR THE MAKING OF THE LOAN EXCEPT AS
EXPRESSLY PERMITTED HEREUNDER. BY EXECUTING THIS AGREEMENT, BORROWER HEREBY
EXPRESSLY ACKNOWLEDGES AND UNDERSTANDS THAT, PURSUANT TO THE TERMS OF THIS
AGREEMENT, BORROWER HAS AGREED THAT IT DOES NOT HAVE THE RIGHT TO PREPAY THE
LOAN IN WHOLE OR IN PART WITHOUT PREMIUM EXCEPT AS OTHERWISE PROVIDED HEREIN,
AND THAT BORROWER SHALL BE LIABLE FOR THE PAYMENT OF THE YIELD MAINTENANCE
PREMIUM TO THE EXTENT PROVIDED HEREIN IF BORROWER PREPAYS THE LOAN FOLLOWING THE
OCCURRENCE OF AN ACCELERATION OF THE LOAN. BORROWER HEREBY FURTHER EXPRESSLY
ACKNOWLEDGES AND UNDERSTANDS THAT LENDER HAS MADE THE LOAN EVIDENCED HEREBY IN
RELIANCE ON THE FOREGOING AGREEMENTS AND WAIVERS OF BORROWER, THAT LENDER WOULD
NOT HAVE MADE THIS LOAN WITHOUT SUCH AGREEMENTS AND WAIVERS OF BORROWER, AND
THAT THE MAKING OF THE LOAN AT THE INTEREST RATE AND FOR THE TERMS SET FORTH
HEREIN CONSTITUTES ADEQUATE CONSIDERATION, GIVEN WEIGHT BY THE UNDERSIGNED, FOR
SUCH AGREEMENTS AND WAIVER.
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counterparts follow on next page(s).]
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IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be
duly executed by their duly authorized representatives, all as of the day and
year first above written.
BEHRINGER HARVARD TERRACE LP,
a Delaware limited partnership
Behringer Harvard Terrace GP, LLC, a Delaware
limited liability company, its general partner
By:
Gerald J. Reihsen, III, Secretary
LEHMAN BROTHERS BANK, FSB, a federal stock
savings bank
By:
Name:
Title:
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