intent of any provisions hereof. Time is of the essence
with respect to all provisions of this Note. This Note and the other Loan
Documents contain the entire agreements between the parties hereto relating to
the subject matter hereof and thereof and all prior agreements relative hereto
and thereto which are not contained herein or therein are terminated.
4.2. Taxpayer Identification. The Tax Identification Number of Apartment REIT
Walker Ranch, LP is 20-5771438.
[The Remainder of the Page is Intentionally Blank]
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THIS NOTE AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL ENTIRE AGREEMENT AMONG
THE PARTIES HERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS,
REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE
SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY
EVIDENCE OF PRIOR CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS
OF THE PARTIES HERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE PARTIES HERETO.
THIS NOTE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RESPECTING THE
MATTERS HEREIN SET FORTH AND SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER WRITTEN OR
ORAL, BETWEEN THE PARTIES RESPECTING SUCH MATTERS. ANY AMENDMENTS OR
MODIFICATIONS HERETO, IN ORDER TO BE EFFECTIVE, SHALL BE IN WRITING AND EXECUTED
BY THE PARTIES HERETO. A DETERMINATION THAT ANY PROVISION OF THIS NOTE IS
UNENFORCEABLE OR INVALID SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF ANY
OTHER PROVISION, AND ANY DETERMINATION THAT THE APPLICATION OF ANY PROVISION OF
THIS NOTE TO ANY PERSON OR CIRCUMSTANCE IS ILLEGAL OR UNENFORCEABLE SHALL NOT
AFFECT THE ENFORCEABILITY OR VALIDITY OF SUCH PROVISION AS IT MAY APPLY TO ANY
OTHER PERSONS OR CIRCUMSTANCES.
IN WITNESS WHEREOF, Borrower has executed this Note as of the date first written
above.
BORROWER:
APARTMENT REIT WALKER RANCH, LP,
a Texas limited partnership
By:
Apartment REIT Walker Ranch GP, LLC,
a Delaware limited liability company,
its General Partner
By:
NNN Apartment REIT Holdings, L.P.,
a Virginia limited partnership,
its Manager
By:
NNN Apartment REIT, Inc.,
a Maryland corporation,
its General Partner
By: /s/ Andrea R. Biller
Name:
Andrea R. Biller
Title:
Secretary
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