Thousand Oaks, CA 91360
Attention:
Asset Management
Telecopy:
(805) 557-0924
51
Citibank, N.A.
390 Greenwich St., 2nd Floor
New York, NY
10013
Attention:
Middle Office
Telecopy:
(212) 723-8951
As to Fannie Mae:
Fannie Mae
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016-2899
Attention:
Vice President for
Multifamily Asset Management
Telecopy No.:
(301) 280-2064
with a copy to:
Arent Fox LLP
1675 Broadway
New York, NY 10019
Attention:
David L. Dubrow, Esq.
Telecopy No.:
(212) 484-3990
(B)
CHANGE OF NOTICE ADDRESS.
ANY PARTY MAY, BY NOTICE GIVEN PURSUANT
TO THIS SECTION, CHANGE THE PERSON OR PERSONS AND/OR ADDRESS OR ADDRESSES, OR
DESIGNATE AN ADDITIONAL PERSON OR PERSONS OR AN ADDITIONAL ADDRESS OR ADDRESSES,
FOR ITS NOTICES, BUT NOTICE OF A CHANGE OF ADDRESS SHALL ONLY BE EFFECTIVE UPON
RECEIPT.
EACH PARTY AGREES THAT IT SHALL NOT REFUSE OR REJECT DELIVERY OF ANY
NOTICE GIVEN HEREUNDER, THAT IT SHALL ACKNOWLEDGE, IN WRITING, RECEIPT OF THE
SAME UPON REQUEST BY THE OTHER PARTY AND THAT ANY NOTICE REJECTED OR REFUSED BY
IT SHALL BE DEEMED FOR ALL PURPOSES OF THIS AGREEMENT TO HAVE BEEN RECEIVED BY
THE REJECTING PARTY ON THE DATE SO REFUSED OR REJECTED, AS CONCLUSIVELY
ESTABLISHED BY THE RECORDS OF THE U.S. POSTAL SERVICE, THE COURIER SERVICE OR
FACSIMILE.
Section 15.09.
Further Assurances and Corrective
Instruments.
(A)
FURTHER ASSURANCES.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES
HERETO AGREE THAT THEY SHALL, FROM TIME TO TIME, EXECUTE, ACKNOWLEDGE AND
DELIVER, OR CAUSE TO BE EXECUTED, ACKNOWLEDGED AND DELIVERED, SUCH SUPPLEMENTS
HERETO AND SUCH FURTHER INSTRUMENTS AS LENDER OR BORROWER MAY REASONABLY REQUEST
AND AS MAY BE REQUIRED IN THE OPINION OF LENDER OR ITS COUNSEL TO EFFECTUATE THE
INTENTION OF OR FACILITATE THE PERFORMANCE OF THIS AGREEMENT OR ANY LOAN
DOCUMENT.
(B)
FURTHER DOCUMENTATION.
WITHOUT LIMITING THE GENERALITY OF
SUBSECTION (A), IN THE EVENT ANY FURTHER DOCUMENTATION OR INFORMATION IS
REQUIRED BY LENDER TO CORRECT PATENT MISTAKES IN THE LOAN DOCUMENTS, MATERIALS
RELATING TO THE TITLE INSURANCE POLICIES OR THE FUNDING OF THE TERM LOAN,
BORROWER SHALL PROVIDE, OR CAUSE TO BE PROVIDED TO LENDER, AT BORROWER'S COST
52
AND EXPENSE, SUCH DOCUMENTATION OR INFORMATION.
BORROWER SHALL EXECUTE AND
DELIVER TO LENDER SUCH DOCUMENTATION, INCLUDING BUT NOT LIMITED TO ANY
AMENDMENTS, CORRECTIONS, DELETIONS OR ADDITIONS TO THE NOTES, THE SECURITY
INSTRUMENTS OR THE OTHER LOAN DOCUMENTS AS IS REASONABLY REQUIRED BY LENDER.
(C)
COMPLIANCE WITH INVESTOR REQUIREMENTS.
WITHOUT LIMITING THE
GENERALITY OF SUBSECTION (A), BORROWER SHALL COMPLY WITH THE REASONABLE
REQUIREMENTS OF LENDER TO ENABLE LENDER TO SELL THE MBS BACKED BY A FIXED LOAN.
Section 15.10.
Term of this Agreement.
This Agreement shall continue in effect until the Termination Date.
Section 15.11.
Assignments; Third-Party Rights.
No Borrower shall assign this Agreement, or delegate any of its obligations
hereunder, without the prior written consent of Lender.
Lender may assign its
rights and/or obligations under this Agreement separately or together, without
Borrower's consent, only to Fannie Mae or other entity if such assignment is
made with the intent that such