Loan No. 734079680
Fairway View I
AMENDED AND RESTATED
MULTIFAMILY NOTE
THIS AMENDED AND RESTATED MULTIFAMILY NOTE (together with all extensions,
renewals, modifications, substitutions and amendments thereof and all
instruments from time to time issued in exchange therefor collectively referred
to herein as the "Note") in the principal sum of FOUR MILLION AND 00/100 DOLLARS
($4,000,000) in lawful money of the United States of America is made this first
day of November, 1996, between the Maker, NATIONAL PROPERTY INVESTORS 6, a
California limited partnership, whose address is c/o Insignia Financial Group,
Inc., 0 Xxxxxxxx Xxxxx, Xxxxxxxxxx, Xxxxx Xxxxxxxx 00000 (herein "Borrower"),
and the Payee, XXXXXX BROTHERS HOLDINGS INC. d/b/a Xxxxxx Capital, A Division of
Xxxxxx Brothers Holdings Inc. a corporation, organized and existing under the
laws of Delaware, whose address is Three World Financial Center, New York, New
York 10285 (herein "Lender").
WHEREAS, Borrower has executed and delivered that certain Multifamily Note
dated September 30, 1996, in the original principal amount of FOUR MILLION and
No/100 Dollars ($4,000,000) (the "Existing Note"), to Lender.
WHEREAS, the Existing Note is secured by that certain Multifamily Mortgage,
Assignment of Rents and Security Agreement dated as of September 30, 1996 (the
"Existing Mortgage") and recorded on October 1, 1996 as Original 57, Bundle
10732 in the mortgage records of the Clerk of Court and Ex-Officio Recorder of
Mortgages for East Baton Rouge Parish, Louisiana.
WHEREAS, on the date hereof, Borrower and Lender desire to amend and
restate the Existing Note as set forth below.
From and after the date hereof, the terms, covenants and provisions of the
Existing Note are hereby modified, amended and restated in their entirety as
provided on Rider A attached hereto and incorporated herein, and the Existing
Note, as so modified, amended and restated is hereby ratified and confirmed in
all respects by Borrower. In accordance with Louisiana Civil Code Article 1881,
neither this Instrument nor anything contained herein shall be construed as a
substitution or novation of Borrower's indebtedness to Lender or of the Existing
Note, which shall remain in full force and effect, as hereby confirmed,
modified, restated and superseded.
IN WITNESS WHEREOF, Borrower and Lender have executed this Note or have
caused the same to be executed by their representative thereunto duly
authorized.
BORROWER: NATIONAL PROPERTY INVESTORS 6,
a California limited partnership
By: NPI Equity Investments, Inc.,
a Florida corporation,
its general partner
By: /s/Xxxxxxx X. Xxxxxxx, Xx.
Name: Xxxxxxx X. Xxxxxxx, Xx.
Title: President
LENDER: XXXXXX BROTHERS HOLDINGS INC.
D/B/A XXXXXX CAPITAL, A DIVISION
OF XXXXXX BROTHERS HOLDINGS INC.,
A Delaware corporation
By: /s/Xxxxx X. Xxxxxxx
Name: Xxxxx X. Xxxxxxx
Title: Authorized Signatory
PAY TO THE ORDER OF FEDERAL HOME LOAN
MORTGAGE CORPORATION WITHOUT
RECOURSE. This first day of November,
1996.
XXXXXX BROTHERS HOLDINGS, INC.
d/b/a Xxxxxx Capital, A Division of Xxxxxx
Brothers Holdings Inc., a Delaware
corporation
By: /s/Xxxxx X. Xxxxxxx
Name: Xxxxx X. Xxxxxxx
Title: Authorized Signatory
