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M c) 0 n > C r71 CJs Z r n >N ry iv _ � J FO Space Above This Line for Recorder's Use Prepared by and please return to: GMACCM Loan #400028174 Sutherland, Asbill & Brennan LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30309 -3996 j c3 Attn: John W. Benson 2 0 0 41 * 31.5 LOAN ASSUMPTION AGREEMENT (Nebraska) THIS LOAN ASSUMPTION AGREEMENT (this "Agreement ") is made and entered into as of December, 2004 (the "Effective Date ") by and between SUNWEST N.C. TRUST, a Delaware business trust ( "Prior Owner "); RAINIER SUNWEST PORTFOLIO I, L.P., a Texas limited partnership ( "Borrower "); and LASALLE BANK NATIONAL ASSOCIATION (f/k/a LASALLE NATIONAL BANK), AS TRUSTEE FOR ASSET SECURITIZATION CORPORATION COMMERCIAL MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 1997 -D4 ( "Lender "). RECITALS A. Prior Owner was the maker of that certain Promissory Note (the "Note ") dated January 30, 1997 in the original principal amount of Forty-Five Million Nine Hundred Ninety Four Thousand Eight Hundred Ninety Three and 00 /100 Dollars ($45,994,893.00) and payable to the order of Nomura Asset Capital Corporation ( "Nomura "), as amended by Amendment to Note dated March 26, 1997, by and between Prior Owner and Nomura, which increased the outstanding principal balance to Forty -Six Million Seven Hundred Seven Thousand Three Hundred Seventy and 33/100 Dollars ($46,707,370.33). The loan evidenced by the Note is herein referred to as the "Loan." B. The Note is secured by those certain Mortgages or Deeds of Trust (collectively, the "Mortgage ") listed on Exhibit A, each dated January 30, 1997, executed by Prior Owner in favor of Nomura or for the benefit of Nomura and recorded in the appropriate real property Sunwest N.C. Trust, GN4ACCM Loan #1400028174 (Nebraska) AO 1243719.1 9 in CD rM Z O c p p c-D C p t— W -*i _ + r a N C7 GJ U� W o C/) G1'1 Space Above This Line for Recorder's Use Prepared by and please return to: GMACCM Loan #400028174 Sutherland, Asbill & Brennan LLP 999 Peachtree Street, N.E. Atlanta, Georgia 30309 -3996 j c3 Attn: John W. Benson 2 0 0 41 * 31.5 LOAN ASSUMPTION AGREEMENT (Nebraska) THIS LOAN ASSUMPTION AGREEMENT (this "Agreement ") is made and entered into as of December, 2004 (the "Effective Date ") by and between SUNWEST N.C. TRUST, a Delaware business trust ( "Prior Owner "); RAINIER SUNWEST PORTFOLIO I, L.P., a Texas limited partnership ( "Borrower "); and LASALLE BANK NATIONAL ASSOCIATION (f/k/a LASALLE NATIONAL BANK), AS TRUSTEE FOR ASSET SECURITIZATION CORPORATION COMMERCIAL MORTGAGE PASS - THROUGH CERTIFICATES, SERIES 1997 -D4 ( "Lender "). RECITALS A. Prior Owner was the maker of that certain Promissory Note (the "Note ") dated January 30, 1997 in the original principal amount of Forty-Five Million Nine Hundred Ninety Four Thousand Eight Hundred Ninety Three and 00 /100 Dollars ($45,994,893.00) and payable to the order of Nomura Asset Capital Corporation ( "Nomura "), as amended by Amendment to Note dated March 26, 1997, by and between Prior Owner and Nomura, which increased the outstanding principal balance to Forty -Six Million Seven Hundred Seven Thousand Three Hundred Seventy and 33/100 Dollars ($46,707,370.33). The loan evidenced by the Note is herein referred to as the "Loan." B. The Note is secured by those certain Mortgages or Deeds of Trust (collectively, the "Mortgage ") listed on Exhibit A, each dated January 30, 1997, executed by Prior Owner in favor of Nomura or for the benefit of Nomura and recorded in the appropriate real property Sunwest N.C. Trust, GN4ACCM Loan #1400028174 (Nebraska) AO 1243719.1 9 in CD rM Z O