INTEREST OF SELLER IN AND TO ALL LEASES,
SUBLEASES AND OTHER OCCUPANCY CONTRACTS, WHETHER OR NOT OF RECORD, WHICH PROVIDE
FOR THE USE OR OCCUPANCY OF SPACE OR FACILITIES ON OR RELATING TO THE PROPERTY
AND WHICH ARE IN FORCE AS OF THE CLOSING DATE FOR THE PROPERTY.
1.31.
"LEASES ASSIGNMENT" SHALL HAVE THE MEANING SET FORTH IN SECTION
5.2.4.
1.32.
"LENDER" MEANS FEDERAL HOME LOAN MORTGAGE CORPORATION, AS ASSIGNEE
OF GMAC COMMERCIAL MORTGAGE CORPORATION.
1.33.
"LOAN" MEANS THE INDEBTEDNESS OWING TO LENDER EVIDENCED BY THE
NOTE.
1.34.
"LOAN PAYOFF" SHALL HAVE THE MEANING SET FORTH IN SECTION 5.1.
1.35.
"LOSSES" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.4.1.
1.36.
"MATERIALS" SHALL HAVE THE MEANING SET FORTH IN SECTION 3.5.
1.37.
"MISCELLANEOUS PROPERTY ASSETS" MEANS ALL CONTRACT RIGHTS, LEASES,
CONCESSIONS, WARRANTIES, PLANS, DRAWINGS AND OTHER ITEMS OF INTANGIBLE PERSONAL
PROPERTY RELATING TO THE OWNERSHIP OR OPERATION OF THE PROPERTY AND OWNED BY
SELLER, EXCLUDING, HOWEVER, (A) RECEIVABLES, (B) PROPERTY CONTRACTS, (C) LEASES,
(D) PERMITS, (E) CASH OR OTHER FUNDS, WHETHER IN PETTY CASH OR HOUSE "BANKS," OR
ON DEPOSIT IN BANK ACCOUNTS OR IN TRANSIT FOR DEPOSIT, (F) REFUNDS, REBATES OR
OTHER CLAIMS, OR ANY INTEREST THEREON, FOR PERIODS OR EVENTS OCCURRING PRIOR TO
THE CLOSING DATE, (G) UTILITY AND SIMILAR DEPOSITS, (H) INSURANCE OR OTHER
PREPAID ITEMS, (I) SELLER'S PROPRIETARY BOOKS AND RECORDS, OR (J) ANY RIGHT,
TITLE OR INTEREST IN OR TO THE AIMCO MARKS.
THE TERM "MISCELLANEOUS PROPERTY
ASSETS" ALSO SHALL INCLUDE ALL OF SELLER'S RIGHTS, IF ANY, IN AND TO THE NAME
"WINDEMERE APARTMENTS" AS IT RELATES SOLELY TO USE IN CONNECTION WITH THE
PROPERTY (AND NOT WITH RESPECT TO ANY OTHER PROPERTY OWNED OR MANAGED BY SELLER,
PROPERTY MANAGER, AIMCO, OR THEIR RESPECTIVE AFFILIATES).
1.38.
"NEW EXCEPTION" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.6.
1.39.
"NEW EXCEPTION REVIEW PERIOD" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.6.
1.40.
"NOTE" MEANS THAT CERTAIN MULTIFAMILY NOTE IN THE ORIGINAL
PRINCIPAL AMOUNT OF $6,075,000.00, DATED OCTOBER 2, 2000, EXECUTED BY
CONSOLIDATED CAPITAL EQUITY PARTNERS/TWO, L.P. AND PAYABLE TO THE ORDER OF GMAC
COMMERCIAL MORTGAGE CORPORATION, AS ASSIGNED TO LENDER.
1.41.
"OBJECTION DEADLINE" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.3.
1.42.
"OBJECTION NOTICE" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.3.
1.43.
"OBJECTIONS" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.3.
1.44.
"ORDINANCE NOTICE" SHALL HAVE THE MEANING SET FORTH IN SECTION
5.2.12.
1.45.
"PERMITS" MEANS ALL LICENSES AND PERMITS GRANTED BY ANY
GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER THE PROPERTY OWNED BY SELLER AND
REQUIRED IN ORDER TO OWN AND OPERATE THE PROPERTY.
1.46.
"PERMITTED EXCEPTIONS" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.4.
1.47.
"PROHIBITED PERSON" MEANS ANY OF THE FOLLOWING:
(A) A PERSON OR
ENTITY THAT IS LISTED IN THE ANNEX TO, OR IS OTHERWISE SUBJECT TO THE PROVISIONS
OF, EXECUTIVE ORDER NO. 13224 ON TERRORIST FINANCING (EFFECTIVE SEPTEMBER 24,
2001) (THE "EXECUTIVE ORDER"); (B) A PERSON OR ENTITY OWNED OR CONTROLLED BY, OR
ACTING FOR OR ON