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200103932
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Last modified
10/14/2011 3:34:36 AM
Creation date
10/20/2005 8:34:59 PM
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DEEDS
Inst Number
200103932
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200103932 <br />(c) Lender shall consent, without any adjustment to the rate at which the <br />Indebtedness secured by this Instrument bears interest or to any other economic terms of the <br />Indebtedness, to a Transfer that would otherwise violate this Section 21 if, prior to the Transfer, <br />Borrower has satisfied each of the following requirements: <br />(1) the submission to Lender of all information required by Lender to make <br />the determination required by this Section 21(c); <br />(2) the absence of any Event of Default; <br />(3) the transferee meets all of the eligibility, credit, management and other <br />standards (including any standards with respect to previous relationships <br />between Lender and the transferee and the organization of the transferee) <br />customarily applied by Lender at the time of the proposed Transfer to the <br />approval of borrowers in connection with the origination or purchase of <br />similar mortgages, deeds of trust or deeds to secure debt on multifamily <br />properties; <br />(4) the Mortgaged Property, at the time of the proposed Transfer, meets all <br />standards as to its physical condition that are customarily applied by <br />Lender at the time of the proposed Transfer to the approval of properties <br />in connection with the origination or purchase of similar mortgages on <br />multifamily properties; <br />(5) in the case of a Transfer of all or any part of the Mortgaged Property, or <br />direct or indirect ownership interests in Borrower or Key Principal (if an <br />entity), if transferor or any other person has obligations under any Loan <br />Document, the execution by the transferee or one or more individuals or <br />entities acceptable to Lender of an assumption agreement (including, if <br />applicable, an Acknowledgement and Agreement of Key Principal to <br />Personal Liability for Exceptions to Non - Recourse Liability) that is <br />acceptable to Lender and that, among other things, requires the transferee <br />to perform all obligations of transferor or such person set forth in such <br />Loan Document, and may require that the transferee comply with any <br />provisions of this Instrument or any other Loan Document which <br />previously may have been waived by Lender; <br />(6) if a guaranty has been executed and delivered in connection with the Note, <br />this Instrument or any of the other Loan Documents, the Borrower causes <br />one or more individuals or entities acceptable to Lender to execute and <br />deliver to Lender a guaranty in a form acceptable to Lender; and <br />(7) Lender's receipt of all of the following: <br />(i) a non - refundable review fee in the amount of $3,000 and a transfer <br />fee equal to 1 percent of the outstanding Indebtedness immediately <br />prior to the Transfer. <br />01- 327514.1 <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 25 <br />NEBRASKA <br />
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