NOTE AND DEED OF TRUST. Lender will have received the Note and Deed of Trust representing the Loan, duly executed by Borrower.
NOTE AND DEED OF TRUST. With respect to the remaining balance of the Purchase Price (“Loan Portion”), Buyer shall assume or take the Interest subject to the Deed of Trust and the other Loan Documents pursuant to the Loan Assumption Documents. In the event Buyer takes title subject to the loan, Buyer and Seller are aware that terms and conditions contained in said existing loan of record may provide for payment in full and/or modification of terms and conditions therein in the event of sale or transfer of subject property to another entity, and therefore the parties do jointly and individually, hold escrow holder free of any and all liability whatsoever with respect to these instructions if any controversy regarding same should arise at any future date. Within five (5) days after Seller’s request, Buyer shall submit applications, financial information and other items required by the Lender in connection with Buyer’s assumption of the Loan Documents.
NOTE AND DEED OF TRUST. MODIFICATION AND ASSUMPTION AGREEMENT ------------------------ (DLJ 1996-CF1) (Loan No. 9690381) THIS AGREEMENT ("Agreement") dated as of ____________, 1998, is --------- entered into among LASALLE NATIONAL BANK, AS TRUSTEE FOR THE REGISTERED HOLDERS OF DLJ MORTGAGE ACCEPTANCE CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1996-CF1 ("Lender"), having an address at 000 XxXxxxx Xxxxxx, Xxxxx 0000, ------ Xxxxxxx, Xxxxxxxx 00000, Attn: Xxxxx Xxxxxx; DLJ 1996-CF1; Loan No. 9690381; ATRIUM VENTURE, a California limited partnership, having an address at 0000-X Xxxxx Xxx Xxxx, Xxxxxxxxxx, Xxxxxxxxxx 00000, Attn.: Xxxxxxx X. Xxxxxxxx ("Original Borrower"); THE ATRIUM OF SAN XXXX LLC, a Delaware limited liability ----------------- company, having an address at c/o SELCO Service Corp. Keycorp Leasing, 00 Xxxxx Xxxxxx, Xxxxxx, XX 00000 ("New Borrower") and BROOKDALE LIVING COMMUNITIES OF ------------ CALIFORNIA, INC., a Delaware corporation, having an address at 00 Xxxx Xxxxxx Xxxxx, Suite 4400, Chicago, Illinois 60601, Attn: Xxxxxx X. Xxxxxxxx, Xx. ("Tenant"). New Borrower's taxpayer identification number is 00-0000000. ------ Original Borrower and New Borrower are hereinafter sometimes collectively referred to as "Borrower Parties." ---------------- PRELIMINARY STATEMENT ---------------------
NOTE AND DEED OF TRUST. In the event BUYER does not pay the entire Purchase Price in cash, then BUYER’S obligation to pay the balance of the Purchase Price shall be evidenced by BUYER’S promissory note (the "Buyer Note") of even date herewith and incorporated herein by reference in the amount set forth above bearing interest from the date of the Note at the rate of percent ( %) per annum and according to the terms thereof. The Buyer Note shall be secured by a deed of trust (the “Deed of Trust”) of even date herewith executed by the BUYER upon the Property, which Deed of Trust is incorporated herein by reference.
