Common use of NOTARY PUBLIC Clause in Contracts

NOTARY PUBLIC. If this instrument was executed in NY or CA and affects real property outside NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and is supplemental to the foregoing acknowledgment, OR if this instrument was executed in NY or CA and affects real property in NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and supersedes the foregoing acknowledgment: On April , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Xxxxx Xxxxxx, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public My commission expires: I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Xxxxxx Xxxx This instrument is prepared by: Xxxxxx X. Xxxx, Esq. Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Subordination Non-Disturbance and Attornment Agreement MISSOURI ACKNOWLEDGMENT STATE OF NEW YORK ) ) SS. COUNTY OF NEW YORK ) On this day of April in the year 2007, before me, , a Notary Public in and for said state, personally appeared Xxxxx Xxxxxx, Vice President of Real Estate of Private Restaurant Master Lessee, LLC, a Delaware limited liability company, known to me to be the person who executed the within Subordination, Non-Disturbance and Attornment Agreement on behalf of said limited liability company and acknowledged to me that she executed the same for the purposes therein stated.

NOTARY PUBLIC. If My Commission Expires: Subordination Non-Disturbance and Attornment Agreement AGREED AND CONSENTED TO: Witness #1 as to Premises in DE, FL, PA & SC: MASTER LESSOR: PRIVATE RESTAURANT MASTER LESSOR, LLC, Name: a Delaware limited liability company By: (Seal) Witness #2 as to Premises in FL, PA & SC: Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President of Real Estate Name: GA ONLY Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public My Commission expires: [NOTARY SEAL] Subordination Non-Disturbance and Attornment Agreement THUS DONE & PASSED by Master Lessor on this instrument was executed day of April, 2007, but to be effective as of , 2007, in NY or CA my presence and affects real property outside NY or CAin the presence of the undersigned competent witnesses who hereunto sign their names with Master Lessor and me, the following is the prescribed NY Notary. Witness #1 as to Premises in LA: MASTER LESSOR: PRIVATE RESTAURANT MASTER LESSOR, LLC, Name: a Delaware limited liability company Witness #2 as to Premises in LA: By: Name: Xxxxxxx Xxxxxxxxx Title: Senior Vice President Real Estate Name: Notary Public State of County of My Commission Expires: Notary #: Subordination Non-Disturbance and CA statutory form Attornment Agreement State of acknowledgment and is supplemental to the foregoing acknowledgment, OR if this instrument was executed in NY or CA and affects real property in NY or CA, the following is the prescribed NY and CA statutory form New York County of acknowledgment and supersedes the foregoing acknowledgment: New York On April , 2007, before me, the undersigned, a Notary Public in and for said Stateundersigned officer, personally appeared Xxxxx XxxxxxXxxxxxx Xxxxxxxxx, personally known who acknowledged himself to me (or proved to me on the basis of satisfactory evidence evidence) to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public My commission expires: I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Xxxxxx Xxxx This instrument is prepared by: Xxxxxx X. Xxxx, Esq. Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Subordination Non-Disturbance and Attornment Agreement MISSOURI ACKNOWLEDGMENT STATE OF NEW YORK ) ) SS. COUNTY OF NEW YORK ) On this day of April in the year 2007, before me, , a Notary Public in and for said state, personally appeared Xxxxx Xxxxxx, Senior Vice President of Real Estate of Private Restaurant Master Lessee, LLC, a Delaware limited liability company, known to me to be the person who executed the within Subordination, Non-Disturbance and Attornment Agreement on behalf of said limited liability company (hereinafter, the “LLC”); and that as such Senior Vice President of Real Estate, being duly authorized to do so pursuant to its bylaws or operating agreement, executed, subscribed and acknowledged to me that she executed the same foregoing instrument for the purposes therein statedcontained, by signing the name of the LLC by himself in his authorized capacity as such Senior Vice President of Real Estate as his free and voluntary act and deed and the free and voluntary act and deed of said LLC. Witness my hand and official seal.

NOTARY PUBLIC. If this instrument was executed in NY or CA and affects real property outside NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and is supplemental to the foregoing acknowledgment, OR if this instrument was executed in NY or CA and affects real property in NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and supersedes the foregoing acknowledgment: On April , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Xxxxx Xxxxxx, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public My commission expires: I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Xxxxxx Xxxx This instrument is prepared by: Xxxxxx X. Xxxx, Esq. Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Subordination Non-Disturbance and Attornment Agreement MISSOURI ACKNOWLEDGMENT Acknowledgements STATE OF NEW YORK _______________ ) ) SS. ss.: COUNTY OF NEW YORK _____________ ) On this ___ day of April in the year 2007December, 2003, before meme personally appeared __________, to me known, a who being by me duly sworn, did depose and say, that he/she resides at _____________; that he/she is the ___________ of JPMorgan Chase Bank, as Indenture Trustee, one of the corporations described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. _________________________- Notary Public in and for said stateEXHIBIT A-1 FORM OF CLASS A NOTES UNLESS THIS NOTE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, personally appeared Xxxxx XxxxxxA NEW YORK CORPORATION ("DTC"), Vice President of Real Estate of Private Restaurant Master LesseeTO THE ISSUER OR ITS AGENT FOR REGISTRATION OF TRANSFER, LLCEXCHANGE OR PAYMENT, a Delaware limited liability companyAND ANY NOTE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), known to me to be the person who executed the within SubordinationANY TRANSFER, NonPLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. THE PRINCIPAL OF THIS NOTE IS PAYABLE IN INSTALLMENTS AS SET FORTH HEREIN. ACCORDINGLY, THE OUTSTANDING PRINCIPAL AMOUNT OF THIS NOTE AT ANY TIME MAY BE LESS THAN THE AMOUNT SHOWN ON THE FACE HEREOF. THIS NOTE DOES NOT REPRESENT AN INTEREST IN OR OBLIGATION OF THE SELLER, THE DEPOSITOR, THE SERVICER, THE INDENTURE TRUSTEE, THE OWNER TRUSTEE OR GMAC MORTGAGE GROUP, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, EXCEPT AS EXPRESSLY PROVIDED IN THE INDENTURE OR THE OTHER BASIC DOCUMENTS. THE HOLDER OF THIS NOTE IS DEEMED TO HAVE REPRESENTED THAT THE ACQUISITION OF THIS NOTE BY THE HOLDER DOES NOT CONSTITUTE OR GIVE RISE TO A PROHIBITED TRANSACTION UNDER SECTION 406 OF ERISA OR SECTION 4975 OF THE CODE, FOR WHICH NO STATUTORY, REGULATORY OR ADMINISTRATIVE EXEMPTION IS AVAILABLE. GMACM Mortgage Loan-Disturbance and Attornment Agreement on behalf of said limited liability company and acknowledged to me that she executed the same for the purposes therein stated.Backed Term Note, Class A-[__] Registered

NOTARY PUBLIC. (If this instrument was executed in NY or CA and affects real property outside NY or CATenant is a Corporation) STATE OF ILLINOIS SS COUNTY OF COOK X, the following is the prescribed NY and CA statutory form of acknowledgment and is supplemental to the foregoing acknowledgmentRuth X. Xxxxxxxx, OR if this instrument was executed in NY or CA and affects real property in NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and supersedes the foregoing acknowledgment: On April , 2007, before me, the undersigned, a x Notary Public in and for said StateCounty, personally appeared Xxxxx Xxxxxxin the State aforesaid, do hereby certify that Davix Xxxxx, xxrsonally known to me to be the President of MIDWESCO-ENTERPRISE, INC, and Illinois corporation, duly licensed to transact business in the State of Illinois, and personally known to me or proved to me on the basis of satisfactory evidence to be the individual Secretary of said corporation and personally known to me to be the same persons whose name is names are subscribed to the within foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as President and acknowledged to me that she executed the same in her capacitySecretary of said corporation, and that caused the Corporate Seal of said corporation to be affixed thereto, pursuant to authority given by her signature on the instrumentBoard of Directors of said corporation, as their free and voluntary act and as the individualfree and voluntary act and deed of said corporation, or for the person upon behalf uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 7th day of which the individual actedDecember, executed the instrument1976. Ruth X. Xxxxxxxx Notary Public My commission expires: I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Xxxxxx Xxxx This instrument is prepared by: Xxxxxx X. Xxxx, Esq. Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Subordination Non-Disturbance and Attornment Agreement MISSOURI ACKNOWLEDGMENT STATE OF NEW YORK ) ) SS. ILLINOIS SS COUNTY OF NEW YORK ) On this day of April in the year 2007COOK X, before meP. Jxxxxxxx, , a x Notary Public in and for said stateCounty, personally appeared Xxxxx in the State aforesaid. do hereby certify that J. M. Xxxxxx, Vice President of Real Estate of Private Restaurant Master Lessee, LLC, a Delaware limited liability company, xxrsonally known to me to be the person who executed the within SubordinationVice President of American Bank & Trust Co. of Chicago, Non-Disturbance as Trustee of Trust #39340 and Attornment Agreement on behalf of said limited liability company and acknowledged L. Wxxxx, xxrsonally known to me that she executed to be the Asst. Secretary of thereof and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as Vice President and Asst. Secretary thereof, and caused the Corporate Seal thereof to be affixed thereto, pursuant to authority given by the Board of Directors thereof, as their free and voluntary act and as the free and voluntary act and deed thereof, for the uses and purposes therein stated.set forth. GIVEN under my hand and Notarial Seal this Dec 08 1976. Notary Public 53 (If Landlord is an Individual or Partnership) STATE OF SS COUNTY OF

NOTARY PUBLIC. If this instrument was executed in NY or CA and affects real property outside NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and is supplemental to the foregoing acknowledgment, OR if this instrument was executed in NY or CA and affects real property in NY or CA, the following is the prescribed NY and CA statutory form of acknowledgment and supersedes the foregoing acknowledgment: On April , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Xxxxx XxxxxxXxxxxxx Xxxxxxxxx, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she he executed the same in her his capacity, and that by her his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public My commission expires: I affirm under the penalties for perjury that I have taken reasonable care to redact each social security number in this document, unless required by law. Xxxxxx Xxxx This instrument is prepared by: Xxxxxx X. Xxxx, Esq. Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP Xxxx Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Subordination Non-Disturbance and Attornment Agreement MISSOURI ACKNOWLEDGMENT STATE OF NEW YORK ) ) SS. COUNTY OF NEW YORK ) On this day of April in the year 2007, before me, , a Notary Public in and for said state, personally appeared Xxxxx XxxxxxXxxxxxx Xxxxxxxxx, Senior Vice President of Real Estate of Private Restaurant Master LesseeLessor, LLC, a Delaware limited liability company, known to me to be the person who executed the within Subordination, Non-Disturbance and Attornment Agreement on behalf of said limited liability company and acknowledged to me that she he executed the same for the purposes therein stated.