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EXHIBIT 10.T
FINOVA COMMERCIAL MORTGAGE LOAN OWNER TRUST 1998-1
Instruction to Owner Trustee
Reference is made to that certain Trust and Servicing Agreement, dated
as of September 1, 1998 (the "Trust and Servicing Agreement") among FINOVA
COMMERCIAL MORTGAGE LOAN OWNER TRUST 1998-1, a Delaware business trust (the
"Issuer" or the "Trust"), FINOVA REALTY CAPITAL WAREHOUSE FUNDING, L.P., a
Delaware partnership, as Depositor (the "Depositor"), FINOVA CAPITAL
CORPORATION, a Delaware corporation, as Loan Originator (the "Loan Originator"),
FINOVA CAPITAL CORPORATION, as Servicer (the "Servicer"), FINOVA CAPITAL
CORPORATION, as Transfer Obligor (the "Transfer Obligor") and WILMINGTON TRUST
COMPANY, a Delaware banking corporation, as Owner Trustee (the "Owner Trustee").
Capitalized terms not defined herein shall have the meanings ascribed to such
terms in the Trust and Servicing Agreement.
1. Xxxxxx Xxxxxxx Securitization Funding Inc. hereby certifies that it
is the Initial Class A Certificateholder and is the holder of 100% of the
Percentage Interests of the Class A Certificate.
2. The Depositor hereby certifies that it is the holder of 100% of the
Percentage Interests of the Class B Certificates.
3. Section 17.02 of the Trust and Servicing Agreement provides, among
other things, that the Trust and Servicing Agreement may be amended from time to
time by the parties thereto with the prior written consent of the Majority
Certificateholders.
Xxxxxx Xxxxxxx Securitization Funding Inc. and the Depositor, as the
holders of 100% of the Percentage Interests of the Class A Certificates and the
Class B Certifcates, respectively, hereby direct the Owner Trustee to execute
Amendment No. 1 to the Trust and Servicing Agreement, attached hereto as Exhibit
A.
[SIGNATURE PAGE FOLLOWS]
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As of December 8, 1998
FINOVA REALTY CAPITAL WAREHOUSE FUNDING,
L.P., as holder of 100% of the Percentage
Interests of the Class B Certificates
By: FINOVA Warehouse Funding Inc., as General
Partner
By: /s/ Xxxxxxx Xxxxxxx
______________________________________
Name: Xxxxxxx Xxxxxxx
Title: Vice President - Assistant
Treasurer
XXXXXX XXXXXXX SECURITIZATION FUNDING
INC., as holder of 100% of the Percentage
Interests of the Class A Certificates
By: /s/ J. Xxxxxxx Xxx Xxxx
______________________________________
Name: J. Xxxxxxx Xxx Xxxx
Title: Vice President
