AMENDED AND RESTATED DISCOUNT MBS MULTIFAMILY NOTEDiscount MBS Multifamily Note • August 4th, 2006 • Douglas Emmett Inc • Real estate investment trusts • California
Pursuant to Section 4(c) of that certain Amended and Restated Discount MBS Multifamily Note dated December 22, 2004 (the "Note"), from the undersigned (the "Borrower") to FANNIE MAE, a federally-chartered and stockholder owned corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. §1716 et seq. (the "Lender"), the Borrower hereby requests that the Lender issue to it an advance for the purpose of refinancing the Indebtedness, to be funded by a discount mortgaged backed security ("DMBS") and the Lender hereby confirms that it has obtained a commitment for the purchase of a Fannie Mae DMBS with the following terms:
AMENDED AND RESTATED DISCOUNT MBS MULTIFAMILY NOTE (Moanalua Hillside Apartments)Discount MBS Multifamily Note • 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
