0001193125-07-179104 Sample Contracts

AMENDED AND RESTATED DISCOUNT MBS MULTIFAMILY NOTE (Moanalua Hillside Apartments)
Acknowledgment and Agreement • August 10th, 2007 • Douglas Emmett Inc • Real estate investment trusts • Hawaii

A Discount MBS Multifamily Note (the “Original Note”) in the original principal amount of $75,000,000.00, dated January 13, 2005, was executed by Borrower in favor of Deutsche Bank Berkshire Mortgage, Inc., a Delaware corporation (“DBBM”), and secured, inter alia, by a Multifamily Mortgage, Assignment of Rents and Security Agreement (as amended from time to time, the “Original Security Instrument”) dated as of January 13, 2005, made by Borrower in favor of DBBM, recorded with the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. 3218129, encumbering a certain multifamily property known as Moanalua Hillside Apartments in Honolulu, Honolulu County, Hawaii (the “Property”). The Original Note was previously endorsed by DBBM in favor of Fannie Mae and the Original Security Instrument was assigned by DBBM to Fannie Mae pursuant to an Assignment of Multifamily Mortgage, Assignment of Rents and Security Agreement dated as of January 13, 2005, filed with

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