ORIGINAL GUARANTOR. KIMPTON DEVELOPMENT OPPORTUNITY FUND, L.P., a California limited partnership By: Kimpton Group Holding, LLC, a Delaware limited liability company, its General Partner By: Name: Title: [OBC TO ATTACH APPROPRIATE NOTARY FORMS] Exhibit A Legal Description
ORIGINAL GUARANTOR. XXXX CREDIT CORPORATION, a Delaware corporation By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Its: President [Notary Page to Assignment, Assumption and Modification Agreement] STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) I, Xxxxxxx X. Xxxxxx, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Xxxxx X. Xxxxx, the President of IFC, Inc., a Missouri corporation, the General Partner of KINGSDELL L.P., a Delaware limited partnership, an Authorized Member of CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Authorized Member, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 5th day of December, 2006. XXXXXXX X. XXXXXX /s/ Xxxxxxx X. Xxxxxx Notary Public, State of Missouri Notary Public (SEAL) St. Xxxxxxx County Commission # 03386987 My Commission Expires August 03, 2007 [Notary Page to Assignment, Assumption and Modification Agreement] STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) I, Xxxxxxx X. Xxxxxx, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Xxxxx X. Xxxxx, the President of IFC, Inc., the General Partner of KINGSDELL L.P., a Delaware limited partnership, an Authorized Member of THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Authorized Member, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 5th day of December, 2006. XXXXXXX X. XXXXXX /s/ Xxxxxxx X. Xxxxxx Notary Public, State of Missouri Notary Public (SEAL) St. Xxxxxxx County Commission # 03386987 My Commission Expires August 03, 2007 [Notary Page to Assignment, Assumption and Modification Agreement] STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) I, Xxxxxxx X. Xxxxxx, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Xxxxx X. Xxxxx, the President of IFC, Inc., a Missouri corporatio...
ORIGINAL GUARANTOR. (i) is experienced in the ownership, operation, management and financing of real property similar to the Property, and (ii) has been separately represented by counsel in connection with the negotiation, execution and delivery of this Agreement, or if not so separately represented, has waived such representation by Original Guarantor's signatures hereto.
ORIGINAL GUARANTOR s/ Xxxx X. Xxxxxxxxx XXXX X. XXXXXXXXX, an individual
ORIGINAL GUARANTOR s/ Xxxxxx X. XxXxx XXXXXX X. XXXXX, an individual Notice Address: 1415 South Xxxx #110-94 Houston, Texas 77057 STATE OF TEXAS ) ) ss. COUNTY OF XXXXXX ) This instrument was acknowledged before me, the undersigned Notary Public, on ___12-26 ____, 2019 by Xxxxxx X. XxXxx, an individual. /s/ Xxx Street Notary Public, State of Texas Name: Xxxxxx X. Street Commission Expires: 12-04-2021 Notary ID 1901703
ORIGINAL GUARANTOR. The undersigned Original Guarantor hereby consent to the execution and delivery of this Amendment by Borrower and specifically agree and consent to Sections 1, 3 through 7, 11 and 17 through 31 and any other representation, warranty, covenant, acknowledgment or agreement herein stated to be made by or otherwise affecting Original Guarantor. /s/ Xxxx Xxxxxx Xxxx Xxxxxx /s/ Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx /s/ Xxxxxxx X. Xxxxxx Xxxxxxx X. Xxxxxx
ORIGINAL GUARANTOR. IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP, a North Dakota limited partnership By: IRET, INC., a North Dakota corporation, as its General Partner By:/s/ Xxxxxx X. Xxxxx, Xx. Name: Xxxxxx X. Xxxxx, Xx. Title: Senior Vice President Date:10/21/10 Address for Notice to Original Guarantor: 0000 00xx Xxxxxx Xxxxxxxxx, Xxxxx 000 Minot, North Dakota 58701 THE STATE OF NORTH DAKOTA § § COUNTY OF XXXX § This instrument was acknowledged before me on the 21st day of October, 2010, by Xxxxxx X. Xxxxx, Xx., as Senior Vice President of IRET, Inc., a North Dakota corporation, on behalf of said corporation, as the sole General Partner of IRET Properties, a North Dakota Limited Partnership, a North Dakota limited partnership, on behalf of said limited partnership. /s/ Xx X. Xxxxx Notary Public, State of North Dakota NEW GUARANTORS: /s/ C. Xxxxxxx Xxxxxxx
ORIGINAL GUARANTOR. Original Guarantor hereby ratifies and reaffirms that, as of the Effective Date, all of the terms, representations, warranties, covenants and provisions of the Original Guaranties are true and correct, and remain in full force and effect, without modification other than as provided for in this Agreement or as necessary to implement the terms and provisions of this Agreement.
ORIGINAL GUARANTOR. In reliance on the release of the Released Lender Parties in Section 12.1 below, Original Guarantor’s representations and warranties in Section 14 below and the covenants, representations and warranties of New Guarantor in this Agreement (including New Guarantor’s representations and warranties in Section 16 below), effective upon the Effective Date, Lender releases Original Guarantor from Original Guarantor’s obligations under the Original Guaranties first arising from and after the Effective Date. If any material element of the representations and warranties made by Original Guarantor contained herein is false as of the Effective Date, then the release set forth in this Section 10.2 will be canceled as of the Effective Date and Original Guarantor will remain obligated under the Original Guaranties, jointly and severally with New Guarantor, as though there has been no such release. This Agreement shall in no way affect, impair or diminish the priority or validity of the liens or covenants of title evidenced by the Note or any of the other Loan Documents, nor, except as expressly set forth herein, release or discharge the liability of any person who may now be or after the Effective Date, become liable, primarily or secondarily, under the Note or any of the other Loan Documents.
ORIGINAL GUARANTOR. New Borrower and New Guarantor each acknowledges that it is assuming the risk of such unknown or unanticipated claims and agrees that this Agreement applies thereto. Original Borrower, Original Guarantor, New Borrower and New Guarantor each expressly waives the benefits of any applicable statutory provision prohibiting, conditioning or restricting the release of unknown or future claims or any of the claims being released pursuant to this Agreement.
