POOL PURCHASE CONTRACT
81
SECTION 19.02
ASSIGNMENT OF RIGHTS
81
SECTION 19.03
RELEASE OF COLLATERAL
81
SECTION 19.04
REPLACEMENT OF LENDER
81
SECTION 19.05
FANNIE MAE AND LENDER FEES AND EXPENSES
81
SECTION 19.06
THIRD-PARTY BENEFICIARY
82
iii
ARTICLE XX
82
SECTION 20.01
INSURANCE AND REAL ESTATE TAXES
82
SECTION 20.02
REPLACEMENT RESERVES
82
ARTICLE XXI
82
SECTION 21.01
SWAP
82
SECTION 21.02
SWAP TERMS
83
SECTION 21.03
SWAP SECURITY AGREEMENT; DELIVERY OF SWAP PAYMENTS
83
SECTION 21.04
TERMINATION
83
SECTION 21.05
PERFORMANCE UNDER SWAP DOCUMENTS
84
SECTION 21.06
APPROVED SWAPS
84
ARTICLE XXII
84
SECTION 22.01
PERSONAL LIABILITY TO THE BORROWER PARTIES
84
ARTICLE XXIII
85
SECTION 23.01
COUNTERPARTS
86
SECTION 23.02
AMENDMENTS, CHANGES AND MODIFICATIONS
86
SECTION 23.03
PAYMENT OF COSTS, FEES AND EXPENSES
86
SECTION 23.04
PAYMENT PROCEDURE
87
SECTION 23.05
PAYMENTS ON BUSINESS DAYS
87
SECTION 23.06
CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL
87
SECTION 23.07
SEVERABILITY
88
SECTION 23.08
NOTICES
88
SECTION 23.09
FURTHER ASSURANCES AND CORRECTIVE INSTRUMENTS
91
SECTION 23.10
TERM OF THIS AGREEMENT
91
SECTION 23.11
ASSIGNMENTS; THIRD-PARTY RIGHTS
91
SECTION 23.12
HEADINGS
91
SECTION 23.13
GENERAL INTERPRETIVE PRINCIPLES
91
SECTION 23.14
INTERPRETATION
92
SECTION 23.15
STANDARDS FOR DECISIONS, ETC
92
SECTION 23.16
DECISIONS IN WRITING
92
SECTION 23.17
JOINT AND SEVERAL LIABILITY
92
iv
SCHEDULE I
-
Summary of Credit Facility Structure
EXHIBIT A
-
Schedule of Initial Mortgaged Properties and Initial Valuations
EXHIBIT B
-
Fixed Facility Note
EXHIBIT C
-
Intentionally Omitted
EXHIBIT D
-
Compliance Certificate
EXHIBIT E
-
Sample Facility Debt Service
EXHIBIT F
-
Organizational Certificate
EXHIBIT G
-
Intentionally Omitted
EXHIBIT H
-
Revolving Credit Endorsement
EXHIBIT I
-
Variable Facility Note
EXHIBIT J
-
Tie-In Endorsement
EXHIBIT K
-
Conversion Request
EXHIBIT L
-
Conversion Amendment
EXHIBIT M
-
Rate Setting Form
EXHIBIT N
-
Rate Confirmation Form
EXHIBIT O
-
Advance Confirmation Instrument
EXHIBIT P
-
Future Advance Request
EXHIBIT Q
-
Reborrowing Request
EXHIBIT R
-
Reborrowing Amendment
EXHIBIT S
-
Collateral Addition Request
EXHIBIT T
-
Collateral Release Request
EXHIBIT U
-
Confirmation of Obligations
EXHIBIT V
-
Credit Facility Expansion Request
EXHIBIT W
-
Variable Facility Termination Request
EXHIBIT X
-
Variable Facility Termination Document
EXHIBIT Y
-
Credit Facility Termination Request
EXHIBIT Z
-
Collateral Substitution Request
EXHIBIT AA
-
Schedule of Approved Property Management Agreements
EXHIBIT BB
-
Independent Unit Encumbrances
EXHIBIT CC
-
Collateral Addition Description Package
EXHIBIT DD
-
Collateral Substitution Description Package
EXHIBIT EE
-
Collateral Substitution Supporting Documents
EXHIBIT FF
-
Amended and Restated Guaranty
EXHIBIT GG
-
Swap Security Agreement
EXHIBIT HH
-
DUS Properties
EXHIBIT II
-
Approved Swaps
v
SCHEDULE I
(MAA I)
SUMMARY OF CREDIT FACILITY STRUCTURE - PRIOR TO NOVEMBER 1, 2004
Facility Fees
Standby Fee
Facility Termination Fee
Initial Commitment
Fixed
$
110,000,000
57 bps (1)
Variable
$
9,367,000
67 bps
15 bps
18 bps
Total
$
119,367,000
through Variable Facility Termination Date as calculated in Agreement
Original Expanded Commitment
Amounts above