RIDER TO MULTIFAMILY INSTRUMENT
THIS RIDER TO MULTIFAMILY INSTRUMENT (the "Rider") is made as of the 1st
day of July 1996, and is incorporated into and shall be deemed to amend and
supplement the Multifamily Second Mortgage. of the same date (the "Instrument"),
given by the undersigned OTC APARTMENTS LIMITED PARTNERSHIP, a Florida limited
partnership (the "Borrower"), for the benefit of FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a federally chartered corporation, C/0 GMAC COMMERCIAL MORTGAGE
CORPORATION, 000 Xxxxxxx Xxxx, Xxxxxxx, Xx. 00000-0000 [INSERT ADDRESS OF
LENDER], and its successors, assigns and transferees (the "Lender"), covering
the property described in the Instrument and defined therein as the "Property,"
located at:
0000 Xxxx Xxxxxx Xxxxxx, Xxxxx, Xxxxxxxxxxxx Xxxxxx, Xxxxxxx
--------------------------------------------------------------------------------
(Property Address)
The Property is located entirely within the State of Florida [INSERT NAME
OF STATE IN WHICH THE PROPERTY IS LOCATED] (the "Property Jurisdiction").
The term "Loan Documents" when used in this Rider shall mean, collectively,
the following documents: (i) the Instrument, as modified by this Rider, the
Special Rider and any other riders to the Instrument given by Borrower to Lender
and covering the Property; (ii) the Reimbursement Agreement (as defined in the
Instrument); (iii) any other documents or agreements as shall be required to
evidence or secure the obligations of the Borrower or otherwise arising under,
related to, or made in connection with, the Reimbursement Agreement, as such
documents may be amended from time to time, including, but not limited to, any
Collateral Agreement (as defined below) or O&M Agreements (as defined below) and
that certain Cash Management, Security, Pledge and Assignment Agreement between
Borrower and Lender dated as of even date hewewith; and (iv) the other Security
Instruments (as defined in the Special Rider) .
The covenants and agreements of this Rider, and the covenants and
agreements of any other riders to the Instrument given by Borrower to Lender and
covering the Property (including without limitation the Special Rider), shall be
incorporated into and shall amend and supplement the covenants and agreements of
the Instrument as if this Rider and the other riders were a part of the
Instrument and all references to the Instrument in the Loan Documents shall mean
the Instrument as so amended and supplemented.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in
the Instrument. Borrower and Lender further covenant and agree as follows:
A. FUNDS FOR TAXES, INSURANCE AND OTHER CHARGES
Uniform Covenant 2 of the Instrument ("Funds for Taxes; Insurance and
Other Charges") is amended to change the title to "Funds for Taxes,
Insurance and Other Charges; Collateral Agreements." Existing Uniform
Covenant 2 is amended to become Xxxxxxx Xxxxxxxx 0X. The following new
Uniform Covenant 2B is added at the end of Uniform Covenant 2A:
2B REPLACEMENT RESERVE AGREEMENT, COMPLETION/REPAIR AGREEMENT,
ACHIEVEMENT AGREEMENT AND OTHER COLLATERAL AGREEMENTS
(a) REPLACEMENT RESERVE AGREEMENT
Borrower shall deposit with Lender the amounts required by the
Replacement Reserve and Security Agreement (the "Replacement Reserve
Agreement") between Borrower and Lender (if any) dated the date hereof, at
the times required by the Replacement Reserve Agreement, and shall perform
all other obligations as and when required pursuant to the Replacement
Reserve Agreement.
(b) COMPLETION/REPAIR AGREEMENT
Borrower shall deposit with Lender the amount required by the
Completion/Repair and Security Agreement (the "Completion/Repair
Agreement") between Borrower and Lender (if any), dated the date
hereof, at the time required by the Completion/Repair Agreement, and
shall perform all other obligations as and when required pursuant to
the Completion/Repair Agreement.
(d) COLLATERAL AGREEMENTS
As used herein, the term "Collateral Agreement" shall mean any of the
Replacement Reserve Agreement, the Completion/Repair Agreement, the
Achievement Agreement and any similar agreement which has been entered into
between Borrower and Lender in connection with the Reimbursement Agreement.
B. APPLICATION OF PAYMENTS
Uniform Covenant 3 of the Instrument ("Application of Payments") is
amended to add the following sentence at the end thereof:
Notwithstanding the preceding sentence, (i) Lender shall be permitted
to apply any partial payment received from Borrower in any manner
determined by Lender and in any order of priority of application as
determined by Lender, in Lender's sole discretion, and (ii) upon any
breach of any covenant or agreement of Borrower in the Instrument,* or any
other Loan Document, Lender shall be permitted to apply any funds held
pursuant to * the Reimbursement Agreement
Form 4058 6/93 (PAGE 1 OF 8 PAGES)
RIDER TO MULTIFAMILY INSTRUMENT
- XXXXXX XXX UNIFORM INSTRUMENT
any Collateral Agreement/* in any manner which is permitted pursuant to such
Collateral Agreement/* and in any order of priority of application as determined
by Lender, in Lender's sole discretion.
* any Operations and Maintenance Agreement or Cash Management Agreement
C. HAZARD INSURANCE; RESTORATION OF PROPERTY
Uniform Covenant 5 of the Instrument ("Hazard Insurance") is amended to add
the following sentence at the end thereof:
Lender shall not exercise Lender's option to apply insurance proceeds to
the payment of the sums secured by the Instrument if all of the following
conditions are met: (i) Borrower is not in breach or default of any provision of
the Instrument, the Note or any other Loan Document; (ii) Lender determines that
there will be sufficient funds to restore and repair the Property to a condition
approved by Lender; (iii) Lender determines that the rental income of the
Property, after restoration and repair of the Property to a condition approved
by Lender, will be sufficient to meet all operating costs and other expenses,
payments for reserves and loan repayment obligations relating to the Property;
and (iv) Lender determines that restoration and repair of the Property to a
condition approved by Lender will be completed prior to the earlier of either
(1) the maturity date of the Note or (2) within one year of the date of the loss
or casualty to the Property; and (v) Lender determines that upon restoration and
repair of the Property, there will not have been a material diminution in the
value of the Property since the date immediately preceding the casualty.
D. ENVIRONMENTAL HAZARDS PROVISION
In addition to Borrower's covenants and agreements under Uniform Covenant 6
of the Instrument ("Preservation and Maintenance of Property;"), Borrower
further covenants and agrees that Borrower shall not:
(a) cause or permit the presence, use, generation, manufacture,
production, processing, installation, release, discharge, storage
(including aboveground and underground storage tanks for petroleum or
petroleum products), treatment, handling, or disposal of any Hazardous
Materials (as defined below) (excluding the safe and lawful use and
storage of quantities of Hazardous Materials customarily used in the
operation and maintenance of comparable multifamily properties or for
normal household purposes) on or under the Property, or in any way
affecting the Property or its value, or which may form the basis for
any present or future demand, claim or liability relating to
contamination, exposure, cleanup or other remediation of the Property
or;
(b) cause or permit the transportation to, from or across the Property of
any Hazardous Material (excluding the safe and lawful use and storage
of quantities of Hazardous Materials customarily used in the operation
and maintenance of comparable multifamily properties or for normal
household purposes); or
(c) permit/cause or exacerbate any occurrence or condition on the Property
that is or may be in violation of hazardous Materials Law (as defined
below).
(The matters described in (a), (b) and (c) above are referred to collectively
below as "Prohibited Activities or Conditions.")
Except with respect to any matters which have been disclosed in writing by
Borrower to Lender prior to the date of the Instrument, or matters which have
been disclosed in an environmental hazard assessment report of the Property
received by Lender prior to the date of the Instrument, Borrower represents and
warrants that it has not at any time caused or permitted any Prohibited
Activities or Conditions and to the best of its knowledge, no Prohibited
Activities or Conditions exist or have existed on or under the Property.
Borrower shall take all appropriate steps (including but not limited to
appropriate lease provisions) to prevent its employees, agents, and contractors,
and all tenants and other occupants on the Property, from causing, permitting or
exacerbating any Prohibited Activities or Conditions. Borrower shall not lease
or allow the sublease of all or any portion of the Property for non-residential
use to any tenant or subtenant that, in the ordinary course of its business,
would cause, permit or exacerbate any Prohibited Activities or Conditions, and
all non-residential leases and subleases shall provide that tenants and sub-
tenants shall not cause, permit or exacerbate any Prohibited Activities or
Conditions.
If any Prohibited Activities or Conditions exist on the Property/**,
Borrower shall comply in a timely manner with, and cause all employees, agents,
and contractors of Borrower and any other persons present on the Property to so
comply with, (1) any program of operations and maintenance ("O&M Program")
relating to the Property that is acceptable to Lender with respect to one or
more Hazardous Materials (which O&M Program may be set forth in an agreement of
Borrower (an "O&M Agreement")) and all other obligations set forth in any O&M
Agreement/*** and (2) all Hazardous Materials Laws. Any O&M Program shall be
performed by qualified personnel. All costs and expenses of the O&M Program
shall be paid by Borrower, including without limitation Lender's fees and costs
incurred in connection with the monitoring and review of the O&M Program and
Borrower's performance thereunder. If Borrower fails to timely commence or
diligently continue and complete the 0&M Program and comply with any 0&M
Agreement, then Lender may, at Lender's option, declare all of the sums secured
by the Instrument to be immediately due and payable, and Lender may invoke any
remedies permitted by paragraph 27 of the Instrument, without limiting the
foregoing, Borrower shall take prompt remedial action in the event of the
discovery of any Prohibited Activities or Conditions and obtain Lender's prior
written approval of such remedial action.
Borrower represents that Borrower has not received, and has no knowledge of
the issuance of, any claim, citation or notice of any pending or threatened
suits, proceedings, orders, or governmental inquiries or opinions involving the
Property that allege the violation of any Hazardous Materials Law ("Governmental
Actions").
Borrower shall promptly notify Lender in writing of: (i) the occurrence of
any Prohibited Activity or Condition on the Property; (ii) Borrower's actual
knowledge of the presence on or under any adjoining property of any Hazardous
Materials which can reasonably be expected to have a material adverse impact on
the Property or the value of the Property, or Borrower's discovery of any
occurrence or condition on the Property or any adjoining real property that
could cause any restrictions on the ownership, occupancy, transferability or use
of the Property under Hazardous Materials
** of if Lender shall otherwise require Borrower to do so in writing in
accordance with reasonable commercial practices
*** or any other remedial action requested by Lender
**** approval of such remedial action.
FORM 4058 6/93 (PAGE 2 OF 8 PAGES)
Law. (Borrower shall cooperate with any governmental inquiry, and shall
comply with any governmental or judicial order which arises from any alleged
Prohibited Activities or Conditions), (iii) any Governmental Action; and (iv)
any claim made or threatened in writing by any third party against Borrower,
Lender, or the Property relating to loss or injury resulting from any
Hazardous Materials. Any such notice by Borrower shall not relieve Borrower
of, or result in a waiver of any obligation of Borrower under this
paragraph D.
Borrower shall pay promptly the costs of any environmental audits, studies
or investigations (including but not limited to advice of legal counsel) and the
removal of any Hazardous Materials from the Property required by Lender as a
condition of its consent to any sale or transfer under paragraph 19 of the
Instrument of all or any part of the Property or any transfer occurring upon a
foreclosure or a deed in lieu of foreclosure or any interest therein, or
required by Lender following a reasonable determination by Lender that there may
be Prohibited Activities or Conditions on or under the Property. Borrower
authorizes Lender and its employees, agents and contractors to enter onto the
Property for the purpose of conducting such environmental audits, studies and
investigations. Any such costs and expenses incurred by Lender (including but
not limited to fees and expenses of attorneys and consultants, whether incurred
in connection with any judicial or administrative process or otherwise) which
Borrower fails to pay promptly shall become immediately due and payable and
shall become additional indebtedness secured by the Instrument pursuant to
Uniform Covenant 8 of the Instrument.
Borrower shall hold harmless, defend and indemnify Lender and its officers,
directors, trustees, employees, and agents from and against all proceedings
(including but not limited to Government Actions), claims, damages, penalties,
costs and expenses (including without limitation fees and expenses of attorneys
and expert witnesses, investigatory fees, and cleanup and remediation expenses,
whether or not incurred within the context of the judicial process), arising
directly or indirectly from (i) any breach of any representation, warranty, or
obligation of Borrower contained in this paragraph D or (ii) the presence or
alleged presence of Hazardous Materials on or under the Property.
The term "Hazardous Materials," for purposes of this paragraph D, includes
petroleum and petroleum products, flammable explosives, radioactive materials
(excluding radioactive materials in smoke detectors), polychlorinated biphenyls,
lead, asbestos in any form that is or could become friable, hazardous waste,
toxic or hazardous substances or other related materials whether in the form of
a chemical, element, compound, solution, mixture or otherwise including, but not
limited to, those materials defined as "hazardous substances," "extremely
hazardous substances." "hazardous chemicals," "hazardous materials," "toxic
substances," "solid waste," "toxic chemicals," "air pollutants," "toxic
pollutants," "hazardous wastes," "extremely hazardous waste," or "restricted
hazardous waste" by Hazardous Materials Law or regulated by Hazardous Materials
Law in any manner whatsoever.
The term "Hazardous Materials Law," for the purposes of this paragraph D,
means all federal, state, and local laws, ordinances and regulations and
standards, rules, policies and other binding governmental requirements and any
court judgments applicable to Borrower or to the Property relating to industrial
hygiene or to environmental or unsafe conditions or to human health including,
but not limited to, those relating to the generation, manufacture, storage,
handling, transportation, disposal, release, emission or discharge of Hazardous
Materials, those in connection with the construction, fuel supply, power
generation and transmission, waste disposal or any other operations or processes
relating to the Property, and those relating to the atmosphere, soil, surface
and ground water, wetlands, stream sediments and vegetation on, under, in or
about the Property.
The representations, warranties, covenants, agreements, indemnities and
undertakings of Borrower contained in this paragraph D shall be in addition to
any and all other obligations and liabilities that Borrower may have to Lender
under applicable law.
The representations, warranties, covenants, agreements, indemnities and
undertakings of Borrower contained in this paragraph D shall continue and
survive notwithstanding the satisfaction, discharge, release, assignment,
termination, subordination or cancellation of the Instrument or the payment in
full of the principal of and interest on the Note and all other sums payable
under the Loan Documents or the foreclosure of the Instrument or the tender or
delivery of a deed in lieu of foreclosure or the release of any portion of the
Property from the lien of the Instrument, except with respect to any Prohibited
Activities or Conditions or violation of any of the Hazardous Materials Laws
which first commences and occurs after the satisfaction, discharge, release,
assignment, termination or cancellation of the Instrument following the payment
in full of the principal of and interest on the Note and all other sums payable
under the Loan Documents or which first commences or occurs after the actual
dispossession from the entire Property of the Borrower and all entities which
control, are controlled by, or are under common control with the Borrower (each
of the foregoing persons or entities is hereinafter referred to as a
"Responsible Party") following foreclosure of the Instrument or acquisition of
the Property by a deed in lieu of foreclosure. Nothing in the foregoing sentence
shall relieve the Borrower from any liability with respect to any Prohibited
Activities or Conditions or violation of Hazardous Materials Laws where such
Prohibited Activities or Conditions or violation of Hazardous Materials Laws
commences or occurs, or is present as a result of, any act or omission by any
Responsible Party or by any person or entity acting on behalf of a Responsible
Party.
FORM 4058 6/93 (PAGE 3 OF 8 PAGES)
F. TRANSFERS OF THE PROPERTY OR SIGNIFICANT INTERESTS IN BORROWER; TRANSFER
FEES
Uniform Covenant 19 of the Instrument ("Transfers of the Property or
Beneficial Interests in Borrower, Assumption") is amended to read as set forth
below:
TRANSFERS OF THE PROPERTY OR SIGNIFICANT INTERESTS IN BORROWER; TRANSFER FEES
(a) DEFINITIONS
For purposes of the Instrument (and the Rider), the following terms have
the respective meanings set forth below:
(1) The term "Key Principal" means the entities who execute(s) the
Payment Guaranty to Lender dated the date of the Note and any
persons/* or entity who subsequently execute an Guaranty to
Lender in connection with the Note.
(2) The term "Transfer" means a sale, assignment, substitution,
transfer or other disposition* or entity (whether voluntary or
by operation of law) of, or the granting or creating of a lien,
encumbrance or security interest in, the Property or in
ownership interests, and the issuance or other creation of
ownership interests in an entity and the reconstitution of
one type of entity to another type of entity.
(3) A "Significant Interest" in any entity shall mean the following:
(i) if the entity is a general partnership or a joint venture,
(A) any partnership interest in the general partnership,
or (B) any interest of a joint venturer in a joint
venture;
(ii) if the entity is a limited partnership, (A) any limited
partnership interest in the entity or (B) any general
partnership interest in the entity;
(iii) if the entity is a limited liability company, any
membership interest
(iv) if the entity is a corporation, any voting stock in the
corporation
(v) if the entity is a trust, any beneficial
interest in such trust
(b) ACCELERATION OF THE LOAN UPON TRANSFERS OF THE PROPERTY OR SIGNIFICANT
INTERESTS
Lender may, at Lender's option, declare all sums secured by the Instrument
immediately due and payable and Lender may invoke any remedies permitted by
paragraph 27 of the Instrument if, without the Lender's prior written consent,
any of the following shall occur:
(1) a Transfer of all or any part of the Property or any
interest in the Property;
(2) a Transfer of any Significant Interest in Borrower;
(3) a Transfer of any Significant Interest in a
corporation, partnership, limited liability company,
joint venture, or trust which owns a Significant
Interest in the Borrower;
(4) if the Borrower is a trust, or if any trust owns a
Significant Interest in the Borrower, the addition,
deletion or substitution of a trustee of such trust,
which addition, deletion or substitution has not been
approved by Lender; or
FORM 4058 6/93 (PAGE 4 OF 8 PAGES)
(5) a Transfer of all or any part of any Key Principal's
ownership interest (other than limited partnership
interests) in the Borrower, or in any other entity
which owns, directly or indirectly, through one or more
intermediate entities, an ownership interest in the
Borrower.
(d) NO ACCELERATION OF THE LOAN FOR TRANSFERS CAUSED BY CERTAIN EVENTS
Notwithstanding the foregoing provisions of this covenant, Lender shall not
be entitled to declare sums secured by the Instrument immediately due and
payable or to invoke any remedy permitted by paragraph 27 of the Instrument
solely upon the occurrence of any of the following:
(1) A Transfer that occurs by inheritance, devise, or
bequest or by operation of law upon the death of a
natural person who is an owner of the Property or the
owner of a direct or indirect ownership interest in the
Borrower.
(2) The grant of a leasehold interest in individual dwelling units
for a term of two years or less and leases for commercial uses as
long as commercial leases do not exceed 20 percent of the
rentable space of the Property (measured as required by Lender)
and provided that all such leasehold interests do not contain
an option to purchase the Property.
(3) A sale or other disposition of obsolete or worn out
personal property which is contemporaneously replaced
by comparable personal property of equal or greater
value which is free and clear of liens, encumbrances
and security interests other than those created by the
Loan Documents.
(4) The creation of a mechanic's or materialmen's lien or
judgment lien against the Property which is released of
record or otherwise remedied to Lender's satisfaction,
within 30 days of the date of creation.
(5) The grant of an easement, if prior to the granting of
the easement the Borrower causes to be submitted to
Lender all information required by Lender to evaluate
the easement, and if Lender determines that the
easement will not materially affect the operation of
the Property or Lender's interest in the Property and
Borrower pays to Lender, on demand, all cost and
expenses incurred by Lender in connection with
reviewing Borrower's request.
(6) A Transfer that occurs pursant to Section 4.5 or Section 4.7 of
the G. Notice Reimbursement Agreement.
G. NOTICE REIMBURSEMENT AGREEMENT.
FORM 4058 6/93 (PAGE 5 OF 8 PAGES)
H. GOVERNING LAW
In addition to the governing law provision of Uniform Covenant 22 of the
Instrument ("Uniform Multifamily Instrument; Governing Law; Severability"), the
Borrower and Lender covenant and agree as follows:
(a) CHOICE OF LAW
The validity of the Instrument and the other Loan Documents, each of their
terms and provisions, and the rights and obligations of Borrower under the
Instrument and the other Loan Documents, shall be governed by, interpreted,
construed, and enforced pursuant to and in accordance with the laws of the
Property Jurisdiction.
(b) CONSENT TO JURISDICTION
Borrower consents to the exclusive jurisdiction of any and all state and
federal courts with jurisdiction in the Property Jurisdiction over Borrower and
the Borrower's assets. Borrower agrees that such assets shall be used first to
satisfy all claims of creditors organized or domiciled in the United States of
America ("USA") and that no assets of the Borrower in the USA shall be
considered part of any foreign bankruptcy estate.
Borrower agrees that any controversy arising under or in relation to the
Note, the Instrument or any of the other Loan Documents shall be litigated
exclusively in the Property Jurisdiction. The state and federal courts and
authorities with jurisdiction in the Property Jurisdiction shall have exclusive
jurisdiction over all controversies which may arise under or in relation to the
Note, and any security for the debt evidenced by the Note, including without
limitation those controversies relating to the execution, interpretation,
breach, enforcement, or compliance with the Note, the Instrument, or any other
issue arising under, related to, or in connection with any of the Loan
Documents. Borrower irrevocably consents to service, jurisdiction, and venue of
such courts for any litigation arising from the Note, the Instrument or any of
the other Loan Documents, and waives any other venue to which it might be
entitled by virtue of domicile, habitual residence or otherwise.
I. ACCELERATION; REMEDIES
Covenant 27 of the Instrument ("Acceleration; Remedies") is amended to add
the following at the end of the first paragraph:
Upon the breach of any covenant or agreement by Borrower in the Instrument,
(including, but not limited to, the covenants to pay when due sums secured by
the Instrument) or any other Loan Document, Lender, at Lender's option may, in
addition to any remedies specified in this covenant, invoke any other remedies
provided in any Collateral Agreement.
If Borrower is in default under any promissory note (other than the Note)
evidencing a loan (the "Subordinate Loan") secured by a security instrument
(other than the Instrument) covering all or any portion of the Property (the
"Subordinate Instrument") or under any Subordinate Instrument or other loan
document executed in connection with the Subordinate Loan, (and whether or not
the Borrower has obtained the prior approval of Lender to the placement of such
Subordinate Instrument on the Property) which default remains uncured after any
applicable cure period, Borrower also then will be in default under the Note and
the Instrument. In that event, the entire unpaid principal balance of the Note,
accrued interest and any other sums due Lender secured by the Instrument then
will become due and payable, at Lender's option. If Lender exercises this option
to accelerate, Lender will do so in accordance with the provisions of the Note
and the Instrument, and the Lender may invoke any and all remedies permitted by
applicable law, the Note, the Instrument, or any of the other Loan Documents.
J. SINGLE ASSET BORROWER
SEE SPECIAL RIDER
K. NON-RECOURSE LIABILITY
FORM 458 6/93 (PAGE 6 OF 8 PAGES)
The liability of Borrower and any general partner of Borrower (if Borrower is a
partnership) shall be limited to the same extent as provided in Section 3.11 of
the Reimbursement Agreement.
M. WAIVER OF JURY TRIAL
Borrower (each for himself if more than one) (i) covenant and agree not to
elect a trial by jury with respect to any issue arising under any of the Loan
Documents triable by a jury and (ii) waive any right to trial by jury to the
extent that any such right shall now or hereafter exist. This waiver of right to
trial by jury is separately given, knowingly and voluntarily with the benefit of
competent legal counsel by the Borrower and this waiver is intended to encompass
individually each instance and each issue as to which the right to a jury trial
would otherwise accrue. Further, Borrower hereby certify that no representative
or agent of the Lender (including, but not limited to, the Lender's counsel) has
represented, expressly or otherwise, to Borrower that Lender will not seek to
enforce the provisions of this paragraph M.
FORM 4058 6/93 (PAGE 7 OF 8 PAGES)
BY SIGNING BELOW, Borrower accepts and agrees to the covenants and
agreements contained in this Rider.
BORROWER:
Signed, and Delivered OTC APARTMENTS LIMITED PARTNERSHIP, a
in the Presence of: Florida limited partnership
/s/ Xxxxx Xxxxx By: AIMCO/OTC QRS, INC., a Delaware
------------------------- corporation, its sole General Partner
Xxxxx Xxxxx
/s/ X.X. XxXxxx
-------------------------
X.X. XxXxxx
By: /s/ Xxxxx Xxxxxx (SEAL)
--------------------------
Xxxxx Xxxxxx
Vice President
BORROWER'S ADDRESS:
0000 Xxxxxxxx Xxxxxx, 00xx Xxxxx
Xxxxxx, Xxxxxxxx 00000
FORM 4058 6/93 (PAGE 8 OF 8 PAGES)