Common use of Xxxxxxx Name Clause in Contracts

Xxxxxxx Name. Xxxx Xxxxxxx ----------------- ----------------------- Title: Vice President Title: President and CEO ----------------- ---------------------- Date of Execution: 12/22/98 Date of Execution: 12/17/98 ------------------------- ------------ PRINCIPAL BROKER COOPERATING BROKER BACH COMMERCIAL BROKERAGE COMPANY XXXXXX XxXXXXXXXX CO. -------------------------------------------------------------------------------- By [Signature]:___________________________ By [Signature]:___________________ Name: Xxxxxxx X. Xxxx Name: Xxxxxx X. Xxx ------------------------------------- ----------------------------- Title: Chief Operating Officer Title: Senior Marketing consultant ------------------------------------ ---------------------------- Copyright Notice: This form is provided for the use of members of the North Texas Commercial Association of Realtors, Inc. Permission is hereby granted to make limited copies of this form for use in a particular Texas real estate transaction. Contact the NTCAR office to confirm that you are using the current version of this form. EXHIBIT A A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 67 WEST OF THE 6TH P.M., IN THE CITY OF COLORADO SPRINGS, EL PASO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N 00 (degrees) 33'33" E, ALONG THE EASTERLY LINE OF THE SOUTHEAST CORNER OF SAID SECTION, 30.13 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EXISTING GARDEN OF THE GODS ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE N 00 (degrees) 33'33" E, ALONG SAID EASTERLY LINE, 1603.33 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF EXISTING 80 FOOT WIDE XXXXXX ROAD; THENCE 5 42 (degrees) 00'29" W, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 577.33 FEET; THENCE 5 16 (degrees) l4'44" E, PARALLEL WITH AND 31.25 FEET WESTERLY OF THE NORTHEASTERLY LINE OF AN EXISTING UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1615 AT PAGE 308 OF THE RECORDS OF EL PASO COUNTY, COLORADO, 1222.81 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF GARDEN OF THE GODS ROAD; THENCE 5 89 (degrees) 25'39" E, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 28.64 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B MOUNTAIN SHADOWS BUSINESS PARK - BUILDING 1 [Floor Plan of Building No. 1] ADDENDUM A TO LEASE EXPENSE REIMBURSEMENT Demised Premises/Address: 0000 X. 00xx Xxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 ----------------------------------------------- [Check all boxes which apply. Boxes not checked do not apply to this Lease.]

Xxxxxxx Name. Xxxx Xxxxxxx ----------------- ----------------------- PAMEXX X. XXXXXXX ------------------------------ ---------------------- Title: Vice President VP Title: President VICE PRESIDENT ---------------------------- --------------------- (Wire instructions for the Companies) Texas Commerce Bank ---------------------------- National Association ---------------------------- ABA No.: 113000000 ---------------------------- Attention: -------------------------------- For credit account: 00100380279 MCA Operating Account) -------------------------------------- Unnumbered counterpart signature page for 10/97 Senior Secured Seasoned Warehouse Credit Agreement 100 MORTGAGE CORPORATION OF AMERICA, INC. ("MCAI-OHIO"), an Ohio corporation, joins the other Companies, the Seasoned Warehouse Agent and CEO the Seasoned Warehouse Lenders in executing this Agreement for the purposes of making the agreements stated in SECTION 2 of this Agreement. (address) 23990 Xxxxxxxxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxxxxx, XX 00000 MORTGAGE CORPORATION OF Attn: Lee X. Xxxxx AMERICA, INC. Tel: (810) 000-0000 Xxx: (810) 000-0000 By: Lee X. Xxxxx ------------------------ LEE X. XXXXX Title: PRESIDENT (Wire Instructions) --------------------- Texas Commerce Bank --------------------------- National Association --------------------------- ABA No. 113000000 ------------------- Attention: ----------------- ---------------------- Date For Credit Account: 00100380279 (MCA Operating Account) ----------------- 101 Attachments: Exhibits: -------- A - Release Request form B - Request for Advance form C - Submission List form D - form for Seasoned Warehouse Notes E-1 - Seasoned Warehouse Security Agreement form E-2 - UCC-1 Financing Statement form F - Opinion of ExecutionBorrowers' Counsel form G-1 - Disbursement Request Certificate - for refinancing Eligible Seasoned Warehouse Collateral G-2 - Disbursement Request Certificate - for financing additional Eligible Seasoned Warehouse Collateral G-3 - Disbursement Request Certificate - for supplemental Borrowing H - Seasoned Warehouse Collateral Certificate form I - Assignment and Assumption Agreement form J - Amendment form Schedules: 12/22/98 Date --------- AG - Applicable Guidelines AI - Approved Investors BB - Borrowing Base Calculations CP - Collateral Procedures EC - Eligibility Conditions LC - the Lenders' Committed Sums and Funding Share Fractions 9.2(b) - Borrowing Base Certificate 10.1 - Subsidiaries 10.4 - Litigation and Judgments 11.2(d) - Management Report 11.12 - Senior Management 11.15 - Shareholders 12.4 - Existing indebtedness 12.6 - Existing Liens 12.13 - Affiliate Transactions 102 EXHIBIT A RELEASE REQUEST SEASONED WAREHOUSE AGENT: Texas Commerce Bank DATE:____________, 199___ National Association COMPANIES: MCA Financial Corp., MCA Mortgage Corporation, Mortgage Corporation of Execution: 12/17/98 ------------------------- ------------ PRINCIPAL BROKER COOPERATING BROKER BACH COMMERCIAL BROKERAGE COMPANY XXXXXX XxXXXXXXXX COAmerica and Mortgage Corporation of America, Inc. This request is delivered under the 10/97 Senior Secured Seasoned Warehouse Credit Agreement dated as of October 31, 1997 (as supplemented, amended or restated, the "WAREHOUSE CREDIT AGREEMENT"), among the Companies, Texas Commerce Bank National Association ("TEXAS COMMERCE"), as a lender and as agent (the "SEASONED WAREHOUSE AGENT") for the other lenders party thereto, and the other lenders party thereto (including Texas Commerce, the "SEASONED WAREHOUSE LENDERS"). -------------------------------------------------------------------------------- By [Signature]:Terms defined in the Warehouse Credit Agreement have the same meanings when used -- unless otherwise defined -- in this request. The Companies request that Seasoned Warehouse Agent release the Lender Liens under the Seasoned Warehouse Loan Documents in the Collateral described on the attached SCHEDULE 1. On and as of the date of this request, the Companies certify, represent and warrant to the Seasoned Warehouse Agent and the Seasoned Warehouse Lenders that (a) Companies' representations and warranties in the Seasoned Warehouse Loan Documents are true and correct in all material respects except to the extent that (i) a representation or warranty speaks to a specific date or (ii) the facts on which a representation or warranty is based have changed by transactions or conditions contemplated or permitted by the Seasoned Warehouse Loan Documents, and (b) no 103 Default, Event of Default or Borrowing Base Deficiency exists or will exist after giving effect to the requested release. MCA FINANCIAL CORP., MCA MORTGAGE CORPORATION, MORTGAGE CORPORATION OF AMERICA and MORTGAGE CORPORATION OF AMERICA, INC., as the Companies By________________________________________ By [Signature]:(Name)____________________________________ Name(1)(Title)________________________________ ___________ (1) Must be a Responsible Officer of all four Companies. 104 EXHIBIT B REQUEST FOR ADVANCE [Letterhead of a Borrower] [date] Texas Commerce Bank National Association 712 Xxxx Xxxxxx Xxxxxxx, Xxxxx 00000 Xxtention: Xxxxxxx X. Xxxx Name: Ms. Xxxxxx X. Xxx ------------------------------------- ----------------------------- TitleSkinner Ladies and Gentlemen: Chief Operating Officer Title: Senior Marketing consultant ------------------------------------ ---------------------------- Copyright Notice: This form is provided MCA Financial Corp., MCA Mortgage Corporation and Mortgage Corporation of America (the "Borrowers"), all Michigan corporations, joined by Mortgage Corporation of America, Inc., an Ohio corporation (collectively, the "Companies"), Texas Commerce Bank National Association as a lender and as agent (the "Seasoned Warehouse Agent") for the use other lenders party thereto, and such other lenders party thereto executed a 10/97 Senior Secured Seasoned Warehouse Credit Agreement dated October 31, 1997 (which, as it may have been or may hereafter be supplemented, amended or restated from time to time, is called the "WAREHOUSE CREDIT AGREEMENT"). Any term defined in the Warehouse Credit Agreement and used but not defined differently in this Request for Advance has the same meaning here as there. [MCAFC][MCAMC][MCA] hereby requests a Seasoned Warehouse Revolving Loan in the amount of members $______________ to be made on ________, 19__ (or, if the Seasoned Warehouse Agent is closed for regular commercial banking business on that day, on the next day when it is not). After giving effect to the requested Seasoned Warehouse Revolving Loan, (i) the aggregate outstanding principal balance of all Seasoned Warehouse Revolving Loans will not exceed either the Aggregate Committed Sum or the Borrowing Base and (ii) no Sublimit will be exceeded. If new Collateral is required to support the requested Seasoned Warehouse Revolving Loan (i.e., to cause the Borrowing Base to be at least equal to the aggregate principal of the North Texas Commercial Association Seasoned Warehouse Revolving Loans that will be outstanding after giving effect to the requested Seasoned Warehouse Revolving Loan), it is described on a schedule attached hereto and the Borrowers hereby GRANT the Seasoned Warehouse Agent (as agent and Representative of Realtorsthe Seasoned Warehouse Lenders) a security interest in all such new Collateral, Inc. Permission and it is hereby granted Pledged to make limited copies the Seasoned Warehouse Agent, effective immediately. 105 The Borrowers acknowledge that the Seasoned Warehouse Agent and the Seasoned Warehouse Lenders will rely on the truth of each statement in this form for use request and its attachments in a particular Texas real estate transaction. Contact funding the NTCAR office to confirm that you are using the current version of this form. EXHIBIT A A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 67 WEST OF THE 6TH P.M., IN THE CITY OF COLORADO SPRINGS, EL PASO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N 00 (degrees) 33'33" E, ALONG THE EASTERLY LINE OF THE SOUTHEAST CORNER OF SAID SECTION, 30.13 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EXISTING GARDEN OF THE GODS ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE N 00 (degrees) 33'33" E, ALONG SAID EASTERLY LINE, 1603.33 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF EXISTING 80 FOOT WIDE XXXXXX ROAD; THENCE 5 42 (degrees) 00'29" W, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 577.33 FEET; THENCE 5 16 (degrees) l4'44" E, PARALLEL WITH AND 31.25 FEET WESTERLY OF THE NORTHEASTERLY LINE OF AN EXISTING UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1615 AT PAGE 308 OF THE RECORDS OF EL PASO COUNTY, COLORADO, 1222.81 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF GARDEN OF THE GODS ROAD; THENCE 5 89 (degrees) 25'39" E, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 28.64 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B MOUNTAIN SHADOWS BUSINESS PARK - BUILDING 1 [Floor Plan of Building No. 1] ADDENDUM A TO LEASE EXPENSE REIMBURSEMENT Demised Premises/Address: 0000 X. 00xx Xxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 ----------------------------------------------- [Check all boxes which apply. Boxes not checked do not apply to this Leaserequested Seasoned Warehouse Revolving Loan.]

Xxxxxxx Name. Xxxx Xxxxxxx ----------------- ----------------------- Xxxxxxxxxxx Xxxxx ----------------------------------- ----------------------------- Title: Assistant Treasurer Title: First Vice President Title---------------------------------- ---------------------------- Date: President and CEO ----------------- ---------------------- Date of ExecutionApril 9, 2001 Date: 12/22/98 Date of ExecutionApril 10, 2001 ----------------------------------- ----------------------------- Address for Notice: 12/17/98 ------------------------- ------------ PRINCIPAL BROKER COOPERATING BROKER BACH COMMERCIAL BROKERAGE COMPANY XXXXXX XxXXXXXXXX COAddress for Notice: 0000 Xxxxx Xxxxxxx Xxxxxx 000 Xxxxxxxx Xxx. -------------------------------------------------------------------------------- By [Signature]:____________---------------------------------------- ---------------------------------- Xxxx Xxxxx, Indiana 46802 Xxxxxxx, XX 00000 ---------------------------------------- ---------------------------------- Attention: Treasurers Department Attention: Mutual Funds Dept. ----------------------------- ----------------------- Taxable: X ------------------ or Tax Exempt: _______________ By [Signature]:(Under IRC Section: ___________________ ) Fiscal Year: December 31 TAXPAYER IDENTIFICATION NUMBER CERTIFICATION By signing below the Client hereby certifies under penalties of perjury that the taxpayer identification number provided below is correct and that the Client is not subject to back-up withholding on reportable payments credited to the Client's Account by the Custodian. The Client may not be subject to back-up withholding either because (a) the Client is exempt from back-up withholding because it is an "exempt recipient," (b) the Client has not been notified by the Internal Revenue Service that it is subject to back-up withholding for failure to report all interest or dividends, or (c) the IRS has notified the Client that it is no longer subject to back-up withholding. (If (a), (b), or (c) do not apply, please cross out.) Failure to sign below and provide a valid taxpayer identification number may require that the Custodian apply federal income tax withholding at the rate of 31% (or the rate as required by law) on all reportable payments made to the Account established under this Agreement. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. LINCOLN NATIONAL VARIABLE ANNUITY FUND A By: /s/ Xxxx X. Xxxxx -------------------------------------------------- Name: Xxxxxxx Xxxx X. Xxxx Name: Xxxxxx X. Xxx ------------------------------------- ----------------------------- Xxxxx ------------------------------------------------ Title: Chief Operating Officer TitleAssistant Vice President ----------------------------------------------- Date: Senior Marketing consultant ------------------------------------ ---------------------------- Copyright Notice: April 9, 2001 ------------------------------------------------ 00-0000000 ----------------------------------------------------- Taxpayer Identification Number SCHEDULE 2 ---------- RELEASE OF PROPERTY This form Schedule is provided for the use of members an integral part of the North Texas Commercial Association of RealtorsAgreement to which it is attached. Capitalized terms shall have the meaning given to them in the Agreement, Inc. Permission is hereby granted to make limited copies of this form for use in a particular Texas real estate transaction. Contact the NTCAR office to confirm that you are using the current version of this form. EXHIBIT A A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 67 WEST OF THE 6TH P.M., IN THE CITY OF COLORADO SPRINGS, EL PASO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N 00 (degrees) 33'33" E, ALONG THE EASTERLY LINE OF THE SOUTHEAST CORNER OF SAID SECTION, 30.13 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EXISTING GARDEN OF THE GODS ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE N 00 (degrees) 33'33" E, ALONG SAID EASTERLY LINE, 1603.33 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF EXISTING 80 FOOT WIDE XXXXXX ROAD; THENCE 5 42 (degrees) 00'29" W, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 577.33 FEET; THENCE 5 16 (degrees) l4'44" E, PARALLEL WITH AND 31.25 FEET WESTERLY OF THE NORTHEASTERLY LINE OF AN EXISTING UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1615 AT PAGE 308 OF THE RECORDS OF EL PASO COUNTY, COLORADO, 1222.81 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF GARDEN OF THE GODS ROAD; THENCE 5 89 (degrees) 25'39" E, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 28.64 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B MOUNTAIN SHADOWS BUSINESS PARK - BUILDING 1 [Floor Plan of Building No. 1] ADDENDUM A TO LEASE EXPENSE REIMBURSEMENT Demised Premises/Address: 0000 X. 00xx Xxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 ----------------------------------------------- [Check all boxes which apply. Boxes not checked do not apply to this Leaseunless otherwise noted.]

Xxxxxxx Name. Xxxx Xxxxxxx ----------------- ----------------------- Xxxxxxxxxxx Xxxxx --------------------------------- -------------------------------- Title: Assistant Treasurer Title: First Vice President Title-------------------------------- ----------------------------- Date: President and CEO ----------------- ---------------------- Date of ExecutionApril 9, 2001 Date: 12/22/98 Date of ExecutionApril 10, 2001 --------------------------------- ------------------------------ Address for Notice: 12/17/98 ------------------------- ------------ PRINCIPAL BROKER COOPERATING BROKER BACH COMMERCIAL BROKERAGE COMPANY XXXXXX XxXXXXXXXX COAddress for Notice: 0000 Xxxxx Xxxxxxx Xxxxxx 000 Xxxxxxxx Xxx. -------------------------------------------------------------------------------- By [Signature]:_____________-------------------------------------- ------------------------------------- Xxxx Xxxxx, Indiana 46802 Xxxxxxx, XX 00000 -------------------------------------- ------------------------------------- Attention: Treasurers Department Attention: Mutual Funds Dept. --------------------------- -------------------------- Taxable: X ------------------- or Tax Exempt: ______________ By [Signature]:(Under IRC Section: ___________________ ) Fiscal Year: December 31 TAXPAYER IDENTIFICATION NUMBER CERTIFICATION By signing below the Client hereby certifies under penalties of perjury that the taxpayer identification number provided below is correct and that the Client is not subject to back-up withholding on reportable payments credited to the Client's Account by the Custodian. The Client may not be subject to back-up withholding either because (a) the Client is exempt from back-up withholding because it is an "exempt recipient," (b) the Client has not been notified by the Internal Revenue Service that it is subject to back-up withholding for failure to report all interest or dividends, or (c) the IRS has notified the Client that it is no longer subject to back-up withholding. (If (a), (b), or (c) do not apply, please cross out.) Failure to sign below and provide a valid taxpayer identification number may require that the Custodian apply federal income tax withholding at the rate of 31% (or the rate as required by law) on all reportable payments made to the Account established under this Agreement. The Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. LINCOLN NATIONAL VARIABLE ANNUITY FUND A By: /s/ Xxxx X. Xxxxx ---------------------------------- Name: Xxxxxxx Xxxx X. Xxxx Name: Xxxxxx X. Xxx ------------------------------------- ----------------------------- Xxxxx -------------------------------- Title: Chief Operating Officer TitleAssistant Vice President ------------------------------- Date: Senior Marketing consultant ------------------------------------ ---------------------------- Copyright Notice: April 9, 2001 -------------------------------- 00-0000000 ------------------------------------- Taxpayer Identification Number SCHEDULE 2 ---------- RELEASE OF PROPERTY This form Schedule is provided for the use of members an integral part of the North Texas Commercial Association of RealtorsAgreement to which it is attached. Capitalized terms shall have the meaning given to them in the Agreement, Inc. Permission is hereby granted to make limited copies of this form for use in a particular Texas real estate transaction. Contact the NTCAR office to confirm that you are using the current version of this form. EXHIBIT A A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 SOUTH, RANGE 67 WEST OF THE 6TH P.M., IN THE CITY OF COLORADO SPRINGS, EL PASO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE N 00 (degrees) 33'33" E, ALONG THE EASTERLY LINE OF THE SOUTHEAST CORNER OF SAID SECTION, 30.13 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EXISTING GARDEN OF THE GODS ROAD AND THE TRUE POINT OF BEGINNING; THENCE CONTINUE N 00 (degrees) 33'33" E, ALONG SAID EASTERLY LINE, 1603.33 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF EXISTING 80 FOOT WIDE XXXXXX ROAD; THENCE 5 42 (degrees) 00'29" W, ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 577.33 FEET; THENCE 5 16 (degrees) l4'44" E, PARALLEL WITH AND 31.25 FEET WESTERLY OF THE NORTHEASTERLY LINE OF AN EXISTING UTILITY EASEMENT DESCRIBED IN DEED RECORDED IN BOOK 1615 AT PAGE 308 OF THE RECORDS OF EL PASO COUNTY, COLORADO, 1222.81 FEET TO A POINT ON THE AFORESAID NORTHERLY RIGHT-OF-WAY LINE OF GARDEN OF THE GODS ROAD; THENCE 5 89 (degrees) 25'39" E, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 28.64 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B MOUNTAIN SHADOWS BUSINESS PARK - BUILDING 1 [Floor Plan of Building No. 1] ADDENDUM A TO LEASE EXPENSE REIMBURSEMENT Demised Premises/Address: 0000 X. 00xx Xxxxxx, Xxxxxxxx Xxxxxxx, XX 00000 ----------------------------------------------- [Check all boxes which apply. Boxes not checked do not apply to this Leaseunless otherwise noted.]