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201000147
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Last modified
1/7/2010 4:35:55 PM
Creation date
1/7/2010 4:32:28 PM
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DEEDS
Inst Number
201000147
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<br />ratings available for such securities by each Rating Agency (hereinafter defined), <br />provided that no such investment shall be purchased at a premium to its face value <br />(disregarding interest accrued to the date of acquisition) and that no such <br />investment shall have a maturity later than the earlier of (i) the business day <br />before the proceeds of such investment are anticipated to be needed pursuant to <br />this Security Instrument or (ii) ninety (90) days from the date of acquisition; and <br />(C) units of taxable money market funds which funds are regulated investment <br />companies, seek to maintain a constant net asset value per share of $1.00 and <br />invest solely in obligations backed by the full faith and credit of the USA, and <br />have been designated in writing by each Rating Agency in one of the two highest <br />credit rating categories as Permitted Investments with respect to this definition. <br />Each Permitted Investment must have a predetermined principal amount due at maturity that <br />cannot change. Interest on a Permitted Investment may be either fixed or variable, but if <br />variable, the interest rate on the Permitted Investment must be expressed as a single fixed spread <br />(if any) over an index rate; and move proportionately with the index rate. As used herein, <br />"Rating Age~y" shall mean each of Moody's Investors Service, Inc., Standard & Poor's Rating <br />Services, a division of The McGraw-Hill Companies, Inc. and any successor to either of them. <br />(e) .Borrower shall have the right to request a re-advancement of the Paydown <br />Amount (the "Payup Right "); which right shall be assignable to a transferee <br />permitted under paragraph 9 and shall be exercisable by the Borrower with a new <br />beneficial Borrower or such permitted transferee (in either circumstance, the <br />"New Borrower") to borrow an amount equal to the Paydown Amount (the <br />"Payup Amount ") on any Business Day during the Paydown Period. The Payup <br />Right may be exercised by the New Borrower's giving of written notice (the <br />"Payup Notice") to the Escrow Agent and the Lender no later than two (2) <br />Business Days prior to the Payup Date (as hereinafter defined) setting forth its <br />name, address and wire transfer instructions. The Payup Notice shall set forth the <br />Business Day (the "Payup Date ") upon which the Payup Right is to be exercised. <br />New Borrower may exercise its Payup Right upon completion. of the following (the <br />"Payup Requirements "): <br />(1) New Borrower shall have timely provided the Escrow Agent and the <br />Lender with the Payup Notice; <br />(2) New Borrower shall have delivered to Lender a title insurance <br />endorsement confirming the continuation in effect of the original policy of <br />title insurance insuring Lender and insuring no change in priority of lien as <br />to the entire amount of the remaining Debt following the borrowing by <br />New Borrower of the Payup Amount; <br />(3) New Borrower shall have provided Lender with the Transferee Documents <br />(as hereinafter defined); <br />-30- <br />
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