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201008393
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Last modified
11/10/2010 4:17:29 PM
Creation date
11/10/2010 4:17:28 PM
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DEEDS
Inst Number
201008393
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2o1oos393 <br />d. No Cross-Default. During th� tet-m of the Third Party Loan, Third Party Lender will <br />not exercise any cross-default, "deem at-risk," or any other provisions in documents evidencing <br />the Third Party Loan or Third Party Lender Lien which allow Third Party Lender to make detnand <br />prior to maturity unless the loan is in default. <br />e• M�turity and, Ballqon, Pa�ents� The Third Party Loan has a term of at least 7 years <br />when the 504 loan is for a term of 10 years and 1 Q years when the 504 loans is for 20 years. If <br />there is more than one Third Party Laan, an overall loan maturity must be calculated, taking intp <br />accaunt the maturities and amounts of each loan. If th�re is a balloon payment, it must be clearly <br />identified in the Authorization. <br />f• he Third Party I,oan has a reasonable interest rate which <br />does not and will not exceed the nnaximurn interest rate far Third Party Loans from commercial <br />financial institutians as published periodically by SBA in the Federal Re ister and in effect as of the <br />date of this agreernent. <br />6. o PrQ�p,� No Third Party Lender shall establish a preference beyond its rights as a <br />senior lender on the Third Party Loan without the prior written consent af CDC/SBA. <br />See 13 C.F.R. § 120.10 for a definition of preference. <br />7. Notice of Default under the Third Pa Loan. In the event af a default under the Third <br />Party Loan or Third Party Lien, Third Party Lender must give CDC and SBA written notice, <br />referencing the loan number for the 504 loan, of such default within thirty (30) days of the event of <br />d�fault and at least sixty (60) days priar to Third Party Lender's foreclosure upon the Common <br />Collateral. <br />8. Certification as to Default Interest Rate as A ainst Borrower. Third Party Lender <br />may not escalate the rate of interest upon default ta a rate greater than the rnaximum rate published <br />by SBA in the �dera ,� ;�tP� f�om commercial financial institutions in effect as of the date of tliis <br />Agreement. SBA will only pay the interest rate on the note in effect befare the date of Borrawer's <br />default. <br />SBA Form 22$7 (August 2007) <br />
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