Sincerely,. By:______________________________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-2)
Sincerely,. THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By: ____________________________ Name: __________________________ Title:__________________________ IRREVOCABLY ACKNOWLEDGED AND AGREED TO: _______________________________________ Name: Title: Option Holder's Acknowledgment [Type name of Approved Investor] By: ____________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _______________ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following namesTitle:__________________________ ATTACHMENT 7-D -------------- TO SECURITY AGREEMENT --------------------- [Collateral Agent Letterhead] BAILEE LETTER ------------- (Agency Pool Formation During Negative Security Period) [Certificating Custodian] Re: Honolulu Mortgage Company, Inc. Shipment of Mortgage Loans for Pool Formation --------------------------------------------- Attached please find those Mortgage Loans listed separately on the attached schedule, which are owned by Honolulu Mortgage Company, Inc. (the "Company") and are being delivered to you, as custodian/trustee (the "Certificating Custodian"), for certification in connection with the formation of a Mortgage Loan pool supporting the issuance of a Mortgage-Backed Security described as follows: _____________________________ Reference The Mortgage Loans constitute a portion of the Collateral under (and as the term "Collateral" and capitalized terms not otherwise defined hereunder are defined in) that certain Amended and Restated Security and Collateral Agency Agreement (as amended, supplemented or otherwise modified from time to time, the "Agreement"), dated as of January 31, 1997, by and among the Grantor, The Chase Manhattan Bank, as Administrative Agent, and The First National Bank of Boston, as Collateral Agent. Each of the Mortgage Loans is made subject to a security interest in favor of the Collateral Agent for the benefit of the Secured Parties (as such term is defined in the Agreement), which security interest shall be automatically released upon the issuance of the Mortgage-Backed Security in accordance with the terms of the prescribed GNMA, FNMA or FHLMC form enclosed herewith. Upon issuance, the Mortgage-Backed Security shall be subject to a lien in favor of the Collateral Agent for the benefit of the Secured Parties. Pending issuance of the Mortgage-Backed Security, the aforesaid security interest in each Mortgage Loan will remain in full force and effect, and you shall hold possession thereof and the documentation evidencing such Mortgage Loans in trust and as custodian, agent and bailee for and on behalf of the Secured Parties. Please return to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned undersigned within ten (10) days after receiving such documentation, either (A) evidence of each Mortgage Loan's initial certification for inclusion in a Mortgage Loan pool or (B) all documentation relating to such terms Mortgage Loan if such Mortgage Loan is not initially certified. In addition, please immediately return to the undersigned all documentation relating thereto to the Collateral Agent if (x) such Mortgage Loan is initially certified but it is subsequently determined that such Mortgage Loan is not suitable for inclusion in a Mortgage Loan pool supporting a Montage-Backed Security prior to the Pooling issuance of such Mortgage-Backed Security or (y) no Mortgage-Backed Security supported by a pool including such Mortgage Loan has been issued within forty five (45) days of your receipt of such documentation. In no event shall any Mortgage Loan be returned or proceeds relating thereto be remitted to the Company. Please segregate and Servicing Agreementproperly identify all such documentation as collateral of the Secured Parties that secures the Secured Obligations. [Note: all terms in this Certification must be conformed If you are unable to terms used in comply with the Pooling and Servicing Agreement] As Master Servicer under above instructions, please so advise the Pooling and Servicing Agreement, we hereby:undersigned immediately.
Appears in 1 contract
Sincerely,. By:Exhibit E EXHIBIT F TO THE PARTNERSHIP AGREEMENT [CONTRACTOR'S CERTIFICATE] [CONTRACTOR'S LETTERHEAD] _______________, 200____ WNC Housing Tax Credit Fund VI, L.P. Series 11 c/o WNC & Associates, Inc. 00000 Xxx Xxxx xxxxxx Xxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxx Re: FDI-BB 2003, LTD. Dear Ladies and Gentlemen: The undersigned ______________________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity hereinafter referred to as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing AgreementContractor"), among the Master Servicerhas furnished or has contracted to furnish labor, LNR Partners, Inc., services and/or materials (hereinafter collectively referred to as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage LoanWork") identified by loan number _____ in connection with the improvement of certain real property known as Bayou Bend Apartments located in Waller, Xxxxxx County, Texas (hereinafter known as the "Apartment Housing"). Contractor makes the following representations and warranties regarding Work at the Apartment Housing. o Work on said Apartment Housing has been performed and completed in accordance with the Mortgage Loan Schedule attached plans and specifications for the Apartment Housing. o Contractor acknowledges that all amounts owed pursuant to the Pooling contract for Work performed for FDI-BB 2003, LTD. is paid in full. o Contractor cknowledges that FDI-BB 2003, LTD. is not in violation with terms and Servicing Agreement and heretofore secured by conditions of the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made contractual documents related to the Pooling Apartment Housing. o Contractor warrants that all parties who have supplied Work for improvement of the Apartment Housing have been paid in full. o Contractor acknowledges the contract to be paid in full and Servicing Agreement described abovereleases any lien or right to lien against the above property. Capitalized terms used but not defined The undersigned has personal knowledge of the matters stated herein have and is authorized and fully qualified to execute this document on behalf of the meanings assigned Contractor. (NAME OF COMPANY) By: ------------------------ Title: --------------------- Exhibit F TAX CREDIT COMPLIANCE MONITORING: ANNUAL CERTIFICATION As General Partner of FDI-BB 2003, LTD., I hereby certify as to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we herebyfollowing:
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 11)
Sincerely,. By:_______[The Law Debenture Trust Corporation p.l.c.] acting on behalf and for the benefit of the Secured Creditors [Delegate] _______________________ NameBy: Title: Option Holder's Acknowledgment By: ANNEX "D" FORM OF ST NOTICE OF ENFORCEMENT (LETTERHEAD OF THE SECURITY TRUSTEE) [ONCE NOTARIZED, SEND A COPY VIA FAX, AND THE ORIGINAL VIA COURIER] Date [______], 20[__]. To: [NAME OF THE RELEVANT PLEDGOR] Address: [ ______________] Telefax: [_____________] Attention: [_________________] Re.: ST Notice of Enforcement. Dear Sirs: We refer to (i) the Pledge of Shares Agreement dated as of ________, 2003, by and among Marconi Communications Inc., Marconi Communications, S.A. de C.V., and Marconi Networks Worldwide, Inc. (all the foregoing collectively the "Pledgors"), and The Law Debenture Trust Corporation p.l.c., as agent and attorney-in-fact, acting on behalf and for the benefit of the Secured Creditors therein identified (the "Shares Pledge Agreement"), under which [____] shares of stock of [INSERT NAME OF CORRESPONDING ISSUER COMPANY], have been pledged by you (the "Pledged Shares"), and (ii) a notice from us to you dated [___], stating that an Enforcement Event (as such term is defined in the Shares Pledge Agreement) has occurred. Except to the extent otherwise defined herein, capitalized terms used herein, shall have the same meaning attributed to them as in the Shares Pledge Agreement. Pursuant to the provisions set forth in Clause Third of the Shares Pledge Agreement, and considering that an Enforcement Event has occurred, please be advised that as of the date hereof, all voting rights pertaining to the Pledged Shares are now transferred and passed on to the Security Trustee, acting on behalf and for the benefit of the Secured Creditors, and therefore as of this date any Shareholders' Meeting of the Issuer Company, that is called in terms of its by-laws, shall be attended (directly or through an attorney-in-fact appointed for such purpose) by the Security Trustee. The present ST Notice of Enforcement is issued to you with a copy to the corresponding Issuer Company, for all legal purposes that may take place. Sincerely, [The Law Debenture Trust Corporation, p.l.c.] acting on behalf and for the benefit of the Secured Creditors [Delegate] _______________________ NameBy: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in poolIn witness whereof, the foregoing notice was signed and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: ratified before me [_________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ ], Notary Public in and for the County of [________] State of [_______],[_____]; therefore, I set my hand and official seal hereunto on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:this [___] day of [______], 20[__]. Notary Public ____________________ By: My license expires on [______], 20[______________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:].
Appears in 1 contract
Sincerely,. By:Exhibit E EXHIBIT F TO THE PARTNERSHIP AGREEMENT [CONTRACTOR'S CERTIFICATE] [CONTRACTOR'S LETTERHEAD] _______________, 200____ WNC Housing Tax Credit Fund VI, L.P. Series 10 c/o WNC & Associates, Inc. 00000 Xxx Xxxx xxxxxx Xxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxx Re: FDI-GM 2003, LTD. Dear Ladies and Gentlemen: The undersigned ______________________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity hereinafter referred to as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing AgreementContractor"), among the Master Servicerhas furnished or has contracted to furnish labor, LNR Partners, Inc., services and/or materials (hereinafter collectively referred to as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage LoanWork") identified by loan number _____ in connection with the improvement of certain real property known as Willowchase Apartments located in Hempstead, Xxxxxx County, Texas (hereinafter known as the "Apartment Housing"). Contractor makes the following representations and warranties regarding Work at the Apartment Housing. o Work on said Apartment Housing has been performed and completed in accordance with the Mortgage Loan Schedule attached plans and specifications for the Apartment Housing. o Contractor acknowledges that all amounts owed pursuant to the Pooling contract for Work performed for FDI-GM 2003, LTD. is paid in full. o Contractor acknowledges that FDI-GM 2003, LTD. is not in violation with terms and Servicing Agreement and heretofore secured by conditions of the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made contractual documents related to the Pooling Apartment Housing. o Contractor warrants that all parties who have supplied Work for improvement of the Apartment Housing have been paid in full. o Contractor acknowledges the contract to be paid in full and Servicing Agreement described abovereleases any lien or right to lien against the above property. Capitalized terms used but not defined The undersigned has personal knowledge of the matters stated herein have and is authorized and fully qualified to execute this document on behalf of the meanings assigned Contractor. (NAME OF COMPANY) By: ---------------------------------- Title: ------------------------------- Exhibit F TAX CREDIT COMPLIANCE MONITORING: ANNUAL CERTIFICATION As General Partner of FDI-GM 2003, LTD., I hereby certify as to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we herebyfollowing:
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)
Sincerely,. THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By: _______________________________ Name: _____________________________ Title:_____________________________ ACKNOWLEDGMENT OF RECEIPT [Certificating Custodian] By: _______________________________ Name: _____________________________ Title:_____________________________ Date: ATTACHMENT 7-E -------------- TO SECURITY AGREEMENT --------------------- [Collateral Agent Letterhead] BAILEE LETTER ------------- (Agency Pool Formation During Positive Security Period) [Certificating Custodian] Re: Honolulu Mortgage Company, Inc. Shipment of Mortgage Loans for Pool Formation --------------------------------------------- Attached please find those mortgage loans listed separately on the attached schedule (the "Mortgage Loans"), which are owned by Honolulu Mortgage Company, Inc. (the "Company") and are being delivered to you, as custodian/trustee (the "Certificating Custodian"), for certification in connection with the formation of a Mortgage Loan pool supporting the issuance of a mortgage-backed security (the "Mortgage-Backed Security") described as follows: _____________________________________. Please return to the undersigned within ten (10) days after receiving such documentation, either (A) evidence of each Montage Loan's initial certification for inclusion in a Mortgage Loan pool or (B) all documentation relating to such Mortgage Loan if such Mortgage Loan is not initially certified. In addition, please immediately return to the undersigned all documentation relating thereto to the Collateral Agent if (x) such Mortgage Loan is initially certified but it is subsequently determined that such Mortgage Loan is not suitable for inclusion in a Mortgage Loan pool supporting a Mortgage-Backed-Security prior to the issuance of such Mortgage-Backed Security or (y) no Mortgage-Backed Security supported by a pool including such Mortgage Loan has been issued within forty-five (45) days of your receipt of such documentation. In no event shall any Mortgage Loan be returned or proceeds relating thereto be remitted to the Company. If you are unable to comply with the above instructions, please so advise the undersigned immediately. Sincerely, THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By: _______________________________ Name: Title: Option Holder's Acknowledgment ACKNOWLEDGE OF RECEIPT [Certificating Custodian] By: _______________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten ATTACHMENT 7-F -------------- TO SECURITY AGREEMENT --------------------- [Collateral Agent Letterhead] BAILEE LETTER ------------- (10Eligible Early Buyout Advance Receivables During Negative Security Period) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% [Name of outstanding pool balance ToAttorney or Title Company] Re: Standard & Poor's Ratings Services a division of The McGraw Hill CompaniesHonolulu Mortgage Company, Inc. 55 Water Street New YorkShipment of Mortgage Loans for Foreclosure Proceedings Attached please find those Mortgage Loans listed separately on the attached schedule, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxxwhich are owned by Honolulu Mortgage Company, Xational Association, in its capacity as Master Servicer Inc. (the "Master ServicerCompany") under the Pooling and Servicing Agreement dated are being delivered to you, as of June 1, 2007 agent and bailee (the "Pooling Bailee"), in connection with a request by the Company to the Bailee to commence foreclosure proceedings. The Mortgage Loans constitute a portion of the Collateral under (and Servicing as the term "Collateral" and capitalized terms not otherwise defined hereunder are defined in) that certain Amended and Restated Security and Collateral Agency Agreement (as amended, supplemented or otherwise modified from time to time, the "Agreement"), dated as of January 31, 1997, by and among the Master ServicerGrantor, LNR Partners, Inc.The Chase Manhattan Bank, as Special ServicerAdministrative Agent, and Wells Fargo Bank, N.A.The First National Bank of Boston, as Trustee and REMIC AdministratorCollateral Agent. Date: _________Each of the Mortgage Loans is subject to a security interest in favor of the Collateral Agent for the benefit of the Secured Parties, 20___ Re: Banc which security interest shall be automatically released upon the consummation of America Commercial Mortgage Inc.the foreclosure sale. Upon such sale, Commercial Mortgage Pass-Through Certificatesthe proceeds thereof shall be subject to a lien in favor of the Collateral Agent for the benefit of the Secured Parties. Pending receipt of such proceeds, Series 2007-2 the aforesaid security interest in each Mortgage Loan will remain in full force and effect, and you shall hold possession thereof and the documentation evidencing such Mortgage Loans in trust and as custodian, agent and bailee for and on behalf of the Secured Parties. Please return to the undersigned within 45 days after receiving such documentation, either (A) evidence of the "Mortgage Loan") identified by loan number _____ on completion of the foreclosure proceedings in respect of such Mortgage Loan Schedule attached or (B) all documentation relating to such Mortgage Loan if such foreclosure proceedings have not been completed. In no event shall any Mortgage Loan be returned or proceeds relating thereto be remitted to the Pooling Company. Please segregate and Servicing Agreement and heretofore secured by properly identify all such documentation as collateral of the Mortgaged Properties identified on Secured Parties that secures the Mortgage Loan Schedule by Secured Obligations. If you are unable to comply with the following names:____________________ ____________________ Reference is made to above instructions, please so advise the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:undersigned immediately.
Appears in 1 contract
Sincerely,. By:______________________________________ Name: Title: Option Holder's Acknowledgment By: _____________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 20,000,000 and (b) 5.05% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational AssociationX.A., in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June July 1, 2007 2004 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR PartnersMidland Loan Services, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Inc. Commercial Mortgage Pass-Through Certificates, Certificates Series 20072004-2 3 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)
Sincerely,. Exhibit E EXHIBIT F TO THE PARTNERSHIP AGREEMENT [CONTRACTOR'S CERTIFICATE] [Contractor's Letterhead] _______________, 200____ WNC Holding, LLC c/o WNC & Associates, Inc. 3158 Redhill Avenue, Suitx 000 Xxxxx Xxxx, XX 00000 Xx: [Xxxxect Name] Ladies and Gentlemen: The undersigned [Contractor Name], (hereinafter referred to as "Contractor"), has furnished or has contracted to furnish labor, services and/or materials (hereinafter collectively referred to as the "Work") in connection with the improvement of certain real property known as __________________ located in CITY, COUNTY County, STATE (hereinafter known as the "Apartment Housing"). Contractor makes the following representations and warranties regarding Work at the Apartment Housing. o Work on said Apartment Housing has been performed and completed in accordance with the plans and specifications for the Apartment Housing. o Contractor acknowledges that all amounts owed pursuant to the contract for Work performed for Partnership is paid in full. o Contractor acknowledges Partnership is not in violation with terms and conditions of the contractual documents related to the Apartment Housing. o Contractor warrants that all parties who have supplied Work for improvement of the Apartment Housing have been paid in full. o Contractor acknowledges the contract to be paid in full and releases any lien or right to lien against the above property. The undersigned has personal knowledge of the matters stated herein and is authorized and fully qualified to execute this document on behalf of the Contractor. [NAME OF COMPANY] By:______________________________ Name: ____________________ Title: Option Holder's Acknowledgment By____________________ Exhibit F EXHIBIT G TO THE PARTNERSHIP AGREEMENT DEPRECIATION Real Property: Use Modified Accelerated Cost Recovery System ("MACRS") 27.5 year straight-line depreciation using the mid month convention or use MACRS Alternative Depreciation System ("ADS") 40 year straight-line depreciation if required pursuant to the Agreement. Real property includes buildings and building improvements. Personal Property: Use 5-year recovery period using mid-year 200% declining balance, if it relates to residential real estate or use MACRS Alternative Depreciation System ("ADS") 12 year straight-line depreciation if required pursuant to the Agreement. Personal property related to commercial space must use a 7-year recovery period using mid year 200% declining balance. The following costs have a 5-year recovery period: o Removable appliances (not central climate control system equipment or water heaters) o Draperies, blinds and shades, if they would be reusable if removed o Carpeting, if its removal would not destroy the underlying floor o Vinyl flooring, if its removal would be easy and not destroy the underlying floor o Common area furnishings o Photocopy equipment o Calculators, adding machines o Typewriters o Computers o Wall coverings, if their removal would not destroy the underlying wall o Exit signs o Security systems (not fire protection system, sprinkler system, smoke detectors, or fire escapes) o Outdoor security lighting (not parking lot lighting) o Fire extinguishers o Decorative lighting and sconces (not light fixtures for central lighting) o Outdoor decorative lighting, such as that lighting signs o Telephone systems o Corridor handrails (not bathroom or stairway) o Raised floors to accommodate wiring in computer rooms The following costs have a 7-year recovery period with a mid year 200% declining balance: o Office furnishings o Cabinets and shelving o Bulletin boards o Conference or meeting room movable partitions A percentage of the development fee is also allowed in personal property. The percentage is calculated by taking the ratio of personal property cost, excluding development fee, to total development costs and multiplying the development fee by the calculated ratio. Exhibit G Land improvements Cost Recovery: Use 15-year recovery period using mid-year 150% declining balance or use MACRS Alternative Depreciation System ("ADS") 20 year straight-line depreciation if required pursuant to the Agreement. The following costs have a 15-year recovery period. Items allowed in this section are costs attributable to excavation, grading, and removing soil necessary to the proper setting of buildings. Other costs allowable in this section are as follows: o Roads and sidewalks o Concrete work (curb and gutter) o Fencing o Landscaping (including, but not limited to, trees and shrubs) around the building which would be destroyed if the building were replaced o Decorative walls which are part of the landscaping o Parking lot (resurfacing it later is deducted as an expense) o Initial parking lot striping (restriping it later is deducted as an expense) o Street lights and signs o Signs which identify the property or provide directions o Parking lot lighting (not outdoor security lighting) o Playground equipment o Basketball court and backboard o Tennis courts o Swimming pools o Jogging trails o Flag pole o Wastewater treatment plant and lift station to handle raw sewage o Interest expense capitalized and related to any of the above costs o The prorata portion of the general contractor/construction company profit, overhead, and general requirements and conditions allocable to items with a 15-year cost recovery period o The prorata portion of the developer fee, profit and overhead allocable to items with a 15-year cost recovery period Recovery of costs of sanitary sewer system and water utility/distribution system, including the sewer system outside the buildings: the following costs have a 20-year recovery period - 150% declining balance mid-year convention. o Fire hydrants o Manhole rings and covers o Water meter o Gate valves o Flushing hydrants o Cast iron fittings o Valve boxes o Air release valves o Tapping sleeves o PVC water pipe (outside) o PVC sewer pipe (outside) o PVC sewer fittings Exhibit G EXHIBIT H TO THE PARTNERSHIP AGREEMENT REPORT OF OPERATIONS QUARTER ENDED: _________________________, 200__ Name------------------------------------- ----------------------------------- LOCAL PARTNERSHIP: Title------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- GENERAL PARTNER: Date------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM NAME: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance ToSTATE, ZIP: Standard & Poor's Ratings Services a division of The McGraw Hill Companies------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PROPERTY NAME: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, Inc. 55 Water Street New YorkSTATE, New York 10041 AttnZIP: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx----------------------------------- ------------------------------------- ----------------------------------- RESIDENT MANAGER: Xxxx xx Xxxxxxx------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ACCOUNTANT: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, Xational AssociationSTATE, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------ ----------------------------------- MANAGEMENT COMPANY ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, 2007 (the "Pooling and Servicing Agreement")STATE, among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. DateZIP: _________, 20___ Re------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CONTACT: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:------------------------------------- ----------------------------------- -------------------------------------------------------------------------------
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 10)
Sincerely,. ACKNOWLEDGMENT AND AGREEMENT The undersigned acknowledges notice of the security interest of Lender and the requirement to pay the Rent directly to Lender. [TENANT] By:: Name: Its: Dated as of: __________ ___, 199__ 103 SCHEDULE VI CPA CERTIFICATION INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING ------------------------------------------- AGREED-UPON PROCEDURES ---------------------- [Lender] We have performed the procedures enumerated below, which were agreed to by Morgxx Xxxnxxx Xxxtgage Capital Inc. (the "Lender"), solely to assist the Lender in evaluating the Defeasance of the notes described on Exhibit A annexed hereto (the "Notes"). This agreed-upon procedures engagement was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described below, either for the purpose for which this report has been requested or for any other purpose. The procedures we performed are as follows: We have read the definition of Defeasance Eligible Investments in the Loan Agreement between ________________________ Name: Title: Option Holder's Acknowledgment By: and Secoxx Xxxancial Corporation as assigned to Lender, dated _____________, 1997 (the "Loan Agreement"), which indicates that [type of collateral] constitutes Defeasance Eligible Investments, as defined in the Loan Agreement. We recalculated the interest due on the Notes, and found it to be in agreement with the defeasance calculation ("Schedule") submitted to us by ____________ (Schedule attached). We recalculated the total payment due on [date] in connection with all of the Notes, by adding the amounts on the Schedule, and found it to be mathematically correct. We have examined trade confirmations dated _____________ indicating the purchase by ___________________ totaling ____________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in poolface value of [type of collateral] which mature on [date], and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (such is sufficient to cover the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicertotal payment due on [date]. We were not engaged to, and Wells Fargo Bankdid not, N.A.perform an examination, as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc the objective of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (which is the "Mortgage Loan") identified by loan number _____ expression of an opinion on the Mortgage Loan Schedule attached aforementioned records. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. 104 This report is intended solely for the use of the Lender, and should not be used by those who have not agreed to the Pooling procedures and Servicing Agreement and heretofore secured by taken responsibility for the Mortgaged Properties identified on sufficiency of the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreementprocedures for their purposes. [Note: all terms in this Certification must be conformed to terms used in the Pooling Name of CPA] [Date] 105 SCHEDULE VII EXAMPLE OF AUDIT 106 SCHEDULE VIII ================================================================================ ---------------------------- (Lender) - and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement- ---------------------------- (Tenant) -------------------------------------------------------------------------------- SUBORDINATION, we hereby:NON-DISTURBANCE AND ATTORNMENT AGREEMENT --------------------------------------------------------------------------------
Appears in 1 contract
Sincerely,. EXHIBIT F TO THE PARTNERSHIP AGREEMENT [CONTRACTOR'S CERTIFICATE] [Contractor's Letterhead] _______________, 200____ WNC Housing Tax Credit Fund VI, L.P., Series 7 c/o WNC & Associates, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx 000 Xxxxx Xxxx, Xxxxxxxxxx 00000 Re: Montrose Country Estates Limited Dividend Housing Association Limited Partnership Dear Ladies and Gentlemen: The undersigned CCC Construction, (hereinafter referred to as "Contractor"), has furnished or has contracted to furnish labor, services and/or materials (hereinafter collectively referred to as the "Work") in connection with the improvement of certain real property known as __________________ located in Montrose, Genessee County, Michigan (hereinafter known as the "Apartment Housing"). Contractor makes the following representations and warranties regarding Work at the Apartment Housing. o Work on said Apartment Housing has been performed and completed in accordance with the plans and specifications for the Apartment Housing. o Contractor acknowledges that all amounts owed pursuant to the contract for Work performed for Montrose Country Estates Limited Dividend Housing Association Limited Partnership is paid in full. o Contractor acknowledges that Montrose Country Estates Limited Dividend Housing Association Limited Partnership is not in violation with terms and conditions of the contractual documents related to the Apartment Housing. o Contractor warrants that all parties who have supplied Work for improvement of the Apartment Housing have been paid in full. o Contractor acknowledges the contract to be paid in full and releases any lien or right to lien against the above property. The undersigned has personal knowledge of the matters stated herein and is authorized and fully qualified to execute this document on behalf of the Contractor. (NAME OF COMPANY) By:: _________________________________________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made EXHIBIT G TO THE PARTNERSHIP Real Property: Use Modified Accelerated Cost Recovery System ("MACRS") 27.5 year straight-line depreciation using the mid month convention or use MACRS Alternative Depreciation System ("ADS") 40 year straight-line depreciation if required pursuant to the Pooling Agreement. Real Property includes buildings and Servicing Agreement described abovebuilding improvements. Capitalized terms used Personal property: Use 5-year recovery period using mid-year 200% declining balance, if it relates to residential real estate or use MACRS Alternative Depreciation System ("ADS") 12 year straight-line depreciation if required pursuant to the Agreement. Personal property related to commercial space must use a 7-year recovery period using mid year 200% declining balance. The following costs have a 5-year recovery period: o Removable appliances (not central climate control system equipment or water heaters) o Draperies, blinds and shades, if they would be reusable if removed o Carpeting, if its removal would not destroy the underlying floor o Vinyl flooring, if its removal would be easy and not destroy the underlying floor o Common area furnishings o Photocopy equipment o Calculators, adding machines o Typewriters o Computers o Wall coverings, if their removal would not destroy the underlying wall o Exit signs o Security systems (not fire protection system, sprinkler system, smoke detectors, or fire escapes) o Outdoor security lighting (not parking lot lighting) o Fire extinguishers o Decorative lighting and sconces (not light fixtures for central lighting) o Outdoor decorative lighting, such as that lighting signs o Telephone systems o Corridor handrails (not bathroom or stairway) o Raised floors to accommodate wirings in computer rooms The following costs have a 7-year recovery period with a mid year 200% declining balance: o Office furnishings o Cabinets and shelving o Bulletin boards o Conference or meeting room movable partitions A percentage of the development fee is also allowed in personal property. The percentage is calculated by taking the ratio of personal property cost, excluding development fee, to total development costs and multiplying the development fee by the calculated ratio. Land improvements Cost Recovery - Use 15-year recovery period using mid-year 150% declining balance or use MACRS Alternative Depreciation System ("ADS") 20 year straight-line depreciation if required pursuant to the Agreement. The following costs have a 15-year recovery period. Items allowed in this section are costs attributable to excavation, grading, and removing soil necessary to the proper setting of buildings. Other costs allowable in this section are as follows: o Roads and sidewalks o Concrete work (curb and gutter) o Fencing o Landscaping (including, but not defined herein limited to, trees and shrubs) around the building which would be destroyed if the building were replaced o Decorative walls which are part of the landscaping o Parking lot (resurfacing it later is deducted as an expense) o Initial parking lot striping (restriping it later is deducted as an expense) o Street lights and signs o Signs which identify the property or provide directions o Parking lot lighting (not outdoor security lighting) o Playground equipment o Basketball court and backboard o Tennis courts o Swimming pools o Jogging trails o Flag pole o Wastewater treatment plant and lift station to handle raw sewage o Interest expense capitalized and related to any of the above costs o The prorata portion of the general contractor/construction company profit, overhead, and general requirements and conditions allocable to items with a 15-year cost recovery period o The prorata portion of the developer fee, profit and overhead allocable to items with a 15-year cost recovery period Recovery of costs of sanitary sewer system and water utility/distribution system, including the sewer system outside the buildings - the following costs have the meanings assigned to such terms in the Pooling a 20-year recovery period - 150% declining balance mid-year convention. o Fire hydrants o Manhole rings and Servicing Agreement. [Notecovers o Watermeter o Gate valves o Flushing hydrants o Cast iron fittings o Valve boxes o Air release valves o Tapping sleeves o PVC water pipe (outside) o PVC sewer pipe (outside) o PVC sewer fittings EXHIBIT H TO THE PARTNERSHIP REPORT OF OPERATIONS QUARTER ENDED:____________________________,200X ------------------------------------- ----------------------------------- LOCAL PARTNERSHIP: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- GENERAL PARTNER: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM NAME: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, we hereby:STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PROPERTY NAME: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ----------------------------------- ------------------------------------- ----------------------------------- RESIDENT MANAGER: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ACCOUNTANT: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------ ----------------------------------- MANAGEMENT COMPANY ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CONTACT: ------------------------------------- ----------------------------------- OCCUPANCY INFORMATION
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 7)
Sincerely,. By:______________________________ : -------------------------------------- Name: Title: Option Holder's Acknowledgment By: ___________________________ -------------------------------------- Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 20,000,000 and (b) 5.05% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw McGraw-Hill Companies, Inc. 55 Water Street New York, New York 10041 Yoxx 00000 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June August 1, 2007 2006 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, Servicer and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Inc. Commercial Mortgage Pass-Through Certificates, Certificates Series 20072006-2 3 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-3)
Sincerely,. THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By:_: _____________________________ Name: ___________________________ Title:___________________________ IRREVOCABLY ACKNOWLEDGED AND AGREED TO: Option Holder's Acknowledgment --------------------------------- [Type name of Approved Investor] By: _____________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number ________________ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following namesTitle:____________________ ____________________ Reference is made 66 ATTACHMENT 7-C -------------- TO SECURITY AGREEMENT --------------------- [Collateral Agent Letterhead] TRANSMITTAL LETTER ------------------ (During Positive Security Period) [Approved Investor Name] [Address] Attn: Re: Purchase of Mortgage Loans from Honolulu Mortgage Company. Inc. ------------------------------- Ladies and Gentlemen: Attached please find those mortgage loans listed separately on the attached schedule (the "Mortgage Loans"), which Mortgage Loans are owned by Honolulu Mortgage Company, Inc. (the "Company") and are being delivered to you for purchase. Please remit the full amount of the purchase price of such Mortgage Loans (as set forth on the schedule attached hereto) by wire transfer to the Pooling and Servicing Agreement described abovefollowing account maintained with The Chase Manhattan Bank, as Administrative Agent: WIRE INSTRUCTIONS TO MORTGAGE LOAN SETTLEMENT ACCOUNT: [To be provided by the Collateral Agent] In the event any Mortgage Loan is unacceptable for purchase, return the rejected item directly to the undersigned at the address set forth below. Capitalized terms used but not defined herein have In no event shall any Mortgage Loan be returned or sales proceeds remitted to the meanings assigned to such terms in the Pooling and Servicing AgreementCompany. [Note: all terms in this Certification The Mortgage Loan must be conformed so returned or sales proceeds remitted in full no later than forty-five (45) days from the date hereof. If you are unable to terms used in comply with the Pooling and Servicing Agreement] As Master Servicer under above instructions, please so advise the Pooling and Servicing Agreement, we hereby:undersigned immediately.
Appears in 1 contract
Sincerely,. By:_______________Date: SIGNATURE ------------------- ---------------------------- TITLE BANK USE ONLY RECEIVED BY: ------------------------------- DATE: -------------------------- REVIEWED BY: ------------------------------- COMPLIANCE STATUS: YES/NO EXHIBIT B COMPLIANCE CERTIFICATE TO: SILICON VALLEY BANK FROM: KANBAY INTERNATIONAL, INC. The undersigned authorized officer of KANBAY INTERNATIONAL, INC. ("Kanbay") hereby certifies that in accordance with the terms and conditions of the Loan and Security Agreement between Kanbay and certain of Kanbay's direct and indirect subsidiaries (collectively, the Borrowers") and Bank (the "Agreement"), (i) Borrowers are in complete compliance for the period ending _______________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For with all required covenants except as noted below and (ii) all representations and warranties of Borrowers stated in the Agreement are true and correct in all material respects as of the date hereof. Attached herewith are the required documents supporting the certification. The Officer further certifies that these are prepared in accordance with Generally Accepted Accounting Principles (GAAP) and are consistently applied from one period to the next except as explained in an accompanying letter or footnotes. The Officer expressly acknowledges that no borrowings may be requested by the Borrowers at any loan time or date of determination that is Borrowers are not among ten (10) largest loans in poolcompliance with any of the terms of the Agreement, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% such compliance is determined not just at the date this certificate is delivered. PLEASE INDICATE COMPLIANCE STATUS BY CIRCLING YES/NO UNDER "COMPLIES" COLUMN. *within 5 days of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity filing with SEC **as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms set forth in the Pooling Loan and Servicing Security Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Loan Modification Agreement (Kanbay International Inc)
Sincerely,. THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By:______________________________ Name: Title: Option Holder's Acknowledgment ACKNOWLEDGMENT OF RECEIPT [Attorney or Title Company] By: :_______________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten ATTACHMENT 7-G -------------- TO SECURITY AGREEMENT --------------------- [Collateral Agent Letterhead] BAILEE LETTER ------------- (10Eligible Early Buyout Advance Receivable During Positive Security Period) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% [Name of outstanding pool balance ToAttorney or Title Company] Re: Standard & Poor's Ratings Services a division of The McGraw Hill CompaniesHonolulu Mortgage Company, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (Shipment of Mortgage Loans for Foreclosure Proceedings ------------------------------------------------------ Attached please find those mortgage loans listed separately on the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan attached schedule (the "Mortgage LoanLoans"), which are owned by Honolulu Mortgage Company, Inc. (the "Company") identified and are being delivered to you, as agent and bailee (the "Bailee"), in connection with a request by loan number _____ on the Company to the Bailee to commence foreclosure proceedings. Please return to the undersigned within 45 days after receiving such documentation, either (A) evidence of the completion of the foreclosure proceedings in respect of such Mortgage Loan Schedule attached or (B) all documentation relating to such Mortgage Loan if such foreclosure proceedings have not been completed. In no event shall any Mortgage Loan be returned or proceeds relating thereto be remitted to the Pooling and Servicing Agreement and heretofore secured by Company. If you are unable to comply with the Mortgaged Properties identified on above instructions, please so advise the Mortgage Loan Schedule by the following namesundersigned immediately. Sincerely, THE FIRST NATIONAL BANK OF BOSTON, as Collateral Agent By:_________________________ Name: Title: ACKNOWLEDGMENT OF RECEIPT [Attorney or Title Company] By:__________________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [NoteName: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:Title: Date: 75 ATTACHMENT 8 ------------ TO SECURITY AGREEMENT --------------------- ADDITIONAL REQUIRED DOCUMENTS -----------------------------
Appears in 1 contract
Sincerely,. EXHIBIT F TO THE PARTNERSHIP AGREEMENT [CONTRACTOR'S CERTIFICATE] [Contractor's Letterhead] _______________, 200____ [[WNCs_Partnership_Name]] c/o WNC & Associates, Inc. 0000 Xxxxxxx Xxxxxx Xxxxx 000 Xxxxx Xxxx, Xxxxxxxxxx 00000 Re:[[PshipPartnership]] Dear Ladies and Gentlemen: The undersigned [[General_Contractor_Company_Name]], (hereinafter referred to as "Contractor"), has furnished or has contracted to furnish labor, services and/or materials (hereinafter collectively referred to as the "Work") in connection with the improvement of certain real property known as __________________ located in [[Apart_City]], [[Apart_County]] County, [[Apart_State]] (hereinafter known as the "Apartment Housing"). Contractor makes the following representations and warranties regarding Work at the Apartment Housing. o Work on said Apartment Housing has been performed and completed in accordance with the plans and specifications for the Apartment Housing. o Contractor acknowledges that all amounts owed pursuant to the contract for Work performed for [[PshipPartnership]] is paid in full. o Contractor acknowledges that [[PshipPartnership]] is not in violation with terms and conditions of the contractual documents related to the Apartment Housing. o Contractor warrants that all parties who have supplied Work for improvement of the Apartment Housing have been paid in full. o Contractor acknowledges the contract to be paid in full and releases any lien or right to lien against the above property. The undersigned has personal knowledge of the matters stated herein and is authorized and fully qualified to execute this document on behalf of the Contractor. (NAME OF COMPANY) By:_________________________________________ Name: Title: Option Holder's Acknowledgment By: :________________________________________ NameEXHIBIT G TO THE PARTNERSHIP AGREEMENT DEPRECIATION SCHEDULE Real Property: TitleUse Modified Accelerated Cost Recovery System ("MACRS") 27.5 year straight-line depreciation using the mid month convention or use MACRS AlternativeDepreciation System ("ADS") 40 year straight-line depreciation if required pursuant to the Agreement. Real Property includes buildings and building improvements. Personal property: DateUse 5-year recovery period using mid-year 200% declining balance, if it relates to residential real estate or use MACRS Alternative Depreciation System ("ADS") 12 year straight-line depreciation if required pursuant to the Agreement. Personal property related to commercial space must use a 7-year recovery period using mid year 200% declining balance. The following costs have a 5-year recovery period: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan o Removable appliances (not central climate control system equipment or water heaters) o Draperies, blinds and shades, if they would be reusable if removed o Carpeting, if its removal would not destroy the underlying floor o Vinyl flooring, if its removal would be easy and not destroy the underlying floor o Common area furnishings o Photocopy equipment o Calculators, adding machines o Typewriters o Computers o Wall coverings, if their removal would not destroy the underlying wall o Exit signs o Security systems (not fire protection system, sprinkler system, smoke detectors, or fire escapes) o Outdoor security lighting (not parking lot lighting) o Fire extinguishers o Decorative lighting and sconces (not light fixtures for central lighting) o Outdoor decorative lighting, such as that lighting signs o Telephone systems o Corridor handrails (not bathroom or stairway) o Raised floors to accommodate wirings in computer rooms The following costs have a 7-year recovery period with a mid year 200% declining balance: o Office furnishings o Cabinets and shelving o Bulletin boards o Conference or meeting room movable partitions A percentage of the development fee is not among ten also allowed in personal property. The percentage is calculated by taking the ratio of personal property cost, excluding development fee, to total development costs and multiplying the development fee by the calculated ratio. Land improvements Cost Recovery - Use 15-year recovery period using mid-year 150% declining balance or use MACRS Alternative Depreciation System (10"ADS") largest loans 20 year straight-line depreciation if required pursuant to the Agreement. The following costs have a 15-year recovery period. Items allowed in poolthis section are costs attributable to excavation, grading, and that has removing soil necessary to the proper setting of buildings. Other costs allowable in this section are as follows: o Roads and sidewalks o Concrete work (curb and gutter) o Fencing o Landscaping (including, but not limited to, trees and shrubs) around the building which would be destroyed if the building were replaced o Decorative walls which are part of the landscaping o Parking lot (resurfacing it later is deducted as an outstanding balance less than both expense) o Initial parking lot striping (arestriping it later is deducted as an expense) $35,000,000 o Street lights and signs o Signs which identify the property or provide directions o Parking lot lighting (bnot outdoor security lighting) 5.0% o Playground equipment o Basketball court and backboard o Tennis courts o Swimming pools o Jogging trails o Flag pole o Wastewater treatment plant and lift station to handle raw sewage o Interest expense capitalized and related to any of outstanding pool balance To: Standard & Poor's Ratings Services a division the above costs o The prorata portion of The McGraw Hill Companiesthe general contractor/construction company profit, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Serviceroverhead, and Wells Fargo Bankgeneral requirements and conditions allocable to items with a 15-year cost recovery period o The prorata portion of the developer fee, N.A.profit and overhead allocable to items with a 15-year cost recovery period Recovery of costs of sanitary sewer system and water utility/distribution system, as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (including the "Mortgage Loan") identified by loan number _____ on sewer system outside the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by buildings - the following names:costs have a 20-year recovery period - 150% declining balance mid-year convention. o Fire hydrants o Manhole rings and covers o Watermeter o Gate valves o Flushing hydrants o Cast iron fittings o Valve boxes o Air release valves o Tapping sleeves o PVC water pipe (outside) o PVC sewer pipe (outside) o PVC sewer fittings EXHIBIT H TO THE PARTNERSHIP AGREEMENT REPORT OF OPERATIONS QUARTER ENDED: ____________________ __________________, 200__ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note------------------------------------- ----------------------------------- LOCAL PARTNERSHIP: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- GENERAL PARTNER: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM NAME: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, we hereby:STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PROPERTY NAME: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ----------------------------------- ------------------------------------- ----------------------------------- RESIDENT MANAGER: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ACCOUNTANT: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- FIRM: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------ ----------------------------------- MANAGEMENT COMPANY ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- ADDRESS: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CITY, STATE, ZIP: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- PHONE: ------------------------------------- ----------------------------------- ------------------------------------- ----------------------------------- CONTACT: ------------------------------------- ----------------------------------- -------------------------------------------------------------------------------
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund Vi Lp Series 9)
Sincerely,. By:: ____________________________________ Name: Title: Option Holder's Acknowledgment By: _______________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services Services, a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Mxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Xxtional Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement Agreement, dated as of June March 1, 2007 2008 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee Trustee, and LaSalle Bank National Assoxxxxxon, as Certificate Administrator and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 20072008-2 LS1 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)
Sincerely,. EXHIBIT F [CONTRACTOR'S CERTIFICATE] [Contractor's Letterhead] _______________, 200____ WNC Holding, LLC c/o WNC & Associates, Inc. 00000 Xxx Xxxx Xxxxxx Xxxxxx, Xxxxxxxxxx 00000 Re: Head Circle, L.P. Dear Ladies and Gentlemen: The undersigned Southeastern Management Co., Inc., (hereinafter referred to as "Contractor"), has furnished or through various contractors, sub-contractors or material suppliers has contracted to furnish labor, services and/or materials (hereinafter collectively referred to as the "Work") in connection with the improvement of certain real property known as __________________ located in Ruleville, Sunflower County, Mississippi (hereinafter known as the "Apartment Housing"). Any terms not defined herein shall have the meaning ascribed in the Amended and Restated Agreement of Limited Partnership of Head Circle, L.P. Contractor makes the following representations, warranties and covenants regarding the Work at the Apartment Housing with full knowledge that the Limited Partner will rely on these representations, warranties and covenants as a condition to making its Capital Contribution payment to Head Circle, L.P. o Work on said Apartment Housing has been performed and completed in accordance with the Plans and Specifications for the Apartment Housing. o Contractor acknowledges that upon the Partnership's receipt of the Limited Partner's placed in service Capital Contribution payment, all amounts owed to Contractor, sub-contractor or material suppliers to complete the Work will be paid in full. o Contractor acknowledges Head Circle, L.P. is not in violation of any terms and conditions of Construction Contract. o Contractor acknowledges the Construction Contract has been paid in full and all liens for the Work have been received. The undersigned has personal knowledge of the matters stated herein and is authorized and fully qualified to execute this document on behalf of the Contractor. (NAME OF COMPANY) By:: ___________________________________ Name: Title: Option Holder's Acknowledgment By: ___________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-2 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference EXHIBIT G DEPRECIATION SCHEDULE Real Property: Use Modified Accelerated Cost Recovery System ("MACRS") 27.5 year straight-line depreciation using the mid month. Real Property includes buildings and building improvements. Personal property: Use 5-year recovery period using mid-year 200% declining balance, if it relates to residential real estate. Personal property related to commercial space must use a 7-year recovery period using mid-year 200% declining balance. The following costs have a 5-year recovery period: o Removable appliances (not central climate control system equipment or water heaters) o Draperies, blinds and shades, if they would be reusable if removed o Carpeting, if its removal would not destroy the underlying floor o Vinyl flooring, if its removal would be easy and not destroy the underlying floor o Common area furnishings o Photocopy equipment o Calculators, adding machines o Typewriters o Computers o Wall coverings, if their removal would not destroy the underlying wall o Exit signs o Security systems (not fire protection system, sprinkler system, smoke detectors, or fire escapes) o Outdoor security lighting (not parking lot lighting) o Fire extinguishers o Decorative lighting and sconces (not light fixtures for central lighting) o Outdoor decorative lighting, such as that lighting signs o Telephone systems o Corridor handrails (not bathroom or stairway) o Raised floors to accommodate wirings in computer rooms The following costs have a 7-year recovery period with a mid year 200% declining balance: o Office furnishings o Cabinets and shelving o Bulletin boards o Conference or meeting room movable partitions A percentage of the development fee is made also allowed in personal property. The percentage is calculated by taking the ratio of personal property cost, excluding development fee, to total development costs and multiplying the development fee by the calculated ratio. Land improvements Cost Recovery: Use 15-year recovery period using mid-year 150% declining balance. The following costs have a 15-year recovery period. Items allowed in this section are costs attributable to excavation, grading, and removing soil necessary to the Pooling proper setting of buildings. Other costs allowable in this section are as follows: o Roads and Servicing Agreement described above. Capitalized terms used sidewalks o Concrete work (curb and gutter) o Fencing o Landscaping (including, but not defined herein limited to, trees and shrubs) around the building which would be destroyed if the building were replaced o Decorative walls which are part of the landscaping o Parking lot (resurfacing it later is deducted as an expense) o Initial parking lot striping (restriping it later is deducted as an expense) o Street lights and signs o Signs which identify the property or provide directions o Parking lot lighting (not outdoor security lighting) o Playground equipment o Basketball court and backboard o Tennis courts o Swimming pools o Jogging trails o Flag pole o Wastewater treatment plant and lift station to handle raw sewage o Interest expense capitalized and related to any of the above costs o The prorata portion of the general contractor/construction company profit, overhead, and general requirements and conditions allocable to items with a 15-year cost recovery period o The prorata portion of the development fee, profit and overhead allocable to items with a 15-year cost recovery period Recovery of costs of sanitary sewer system and water utility/distribution system, including the sewer system outside the buildings: the following costs have the meanings assigned to such terms in the Pooling a 20-year recovery period - 150% declining balance mid-year convention. o Fire hydrants o Manhole rings and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:covers o Watermeter o Gate valves o Flushing hydrants o Cast iron fittings o Valve boxes o Air release valves o Tapping sleeves o PVC water pipe (outside) o PVC sewer pipe (outside) o PVC sewer fittings EXHIBIT H
Appears in 1 contract
Samples: Limited Partnership Agreement (WNC Housing Tax Credit Fund VI, L.P., Series 13)
Sincerely,. By:____________________________________ Name: Title: Option Holder's Acknowledgment By: _______________________________ Name: Title: Date: EXHIBIT J FORM OF NOTICE AND CERTIFICATION REGARDING DEFEASANCE OF MORTGAGE LOAN For any loan that is not among ten (10) largest loans in pool, and that has an outstanding balance less than both (a) $35,000,000 and (b) 5.0% of outstanding pool balance To: Standard & Poor's Ratings Services Services, a division of The McGraw Hill Companies, Inc. 55 Water Street New York, New York 10041 Attn: Commercial Xxxxxxxx Xxxxxxxxxxxx Xxxx: Xxxx xx Xxxxxxx, Xational National Association, in its capacity as Master Servicer (the "Master Servicer") under the Pooling and Servicing Agreement dated as of June December 1, 2007 (the "Pooling and Servicing Agreement"), among the Master Servicer, LNR Partners, Centerline Servicing Inc., as Special Servicer, and Wells Fargo Bank, N.A., as Trustee Trustee, and LaSalle Bank National Assxxxxxion, as Certificate Administrator and REMIC Administrator. Date: _________, 20___ Re: Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Certificates Series 2007-2 5 Mortgage Loan (the "Mortgage Loan") identified by loan number _____ on the Mortgage Loan Schedule attached to the Pooling and Servicing Agreement and heretofore secured by the Mortgaged Properties identified on the Mortgage Loan Schedule by the following names:____________________ ____________________ Reference is made to the Pooling and Servicing Agreement described above. Capitalized terms used but not defined herein have the meanings assigned to such terms in the Pooling and Servicing Agreement. [Note: all terms in this Certification must be conformed to terms used in the Pooling and Servicing Agreement] As Master Servicer under the Pooling and Servicing Agreement, we hereby:
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5)