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Form 6
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Deed in Lieu of Foreclosure Agreement
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THIS DEED IN LIEU OF FORECLOSURE AGREEMENT is made as of the ____ day of
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____________, ____ (this "Agreement") by, between, and among __________________ Limited Partnership, a
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___________ limited partnership, _________________ with a mailing address of c/o __________________,
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________________, Suite ____, ____________, ____________, _______ ("Borrower"), _____________ with a
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mailing address of c/o ___________________, ________________, Suite _____, ___________, ___________,
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______ ("Guarantor"), and ___________________________, a ___________ corporation with a mailing address
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of ___________________, __________, ___________ _________ ("Lender").
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WITNESSETH:
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A. Borrower owns fee simple title to the real estate and the improvements thereon commonly known as "
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__________"1 located at ______, _____,2and legally described on Exhibit A attached hereto, which real estate
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includes, but is not limited to, _____________.3
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B. Lender made a loan to Borrower in the amount of _______ and 00/00 Dollars ($____.00) ("Loan")
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which Loan was made pursuant to a certain Loan Agreement dated ______ between Borrower and Lender (as
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amended, the "Loan Agreement"). The Loan is evidenced by a certain Promissory Note dated _____ made by
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Borrower, as maker, in favor of Lender, as payee, in the face principal amount of ______ and 00/00 Dollars
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($____.00) (as amended, the "Note"). The Loan is secured by, among other things, a certain Mortgage,
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Assignment of Leases and Rents, and Security Agreement dated _____ made by Borrower, as mortgagor, in favor
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of Lender, as mortgagee, recorded in the real property records of _____ County, State of _____ as Document No.
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_____ (as amended, the "Mortgage"). The Borrower's obligations under the Note are guaranteed by Guarantor
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pursuant to a certain Guaranty of Payment and Performance dated _______ made by Guarantor, as guarantor, in
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favor of Lender, as lender (as amended, the "Guaranty"). In a