This document prepared by and
after recording returned to: Robert B. Joselow
1990 M St., N.W. Suite 410
Washington, D.C. 20036
Highland Oaks Apartments
Tampa, Florida
FHA Project No. 067-36672
MODIFICATION OF COLLATERAL
ASSIGNMENT OF RENTS AND LEASES
This MODIFICATION OF COLLATERAL OF RENTS AND LEASES (the "Modification
Agreement") is made as of the 31st day of January, 1995 between H.O. Associates,
Ltd., a Florida limited partnership ("Assignor") and Related Mortgage
Corporation ("Assignee").
PRELIMINARY STATEMENT
1. On December 13, 1990, H.O. Associates, Ltd. and Assignee executed an
Assignment of Rents and Leases (the "Assignment of Rents Agreement") which
was recorded on December 13, 1990 in Book 6153, Page 231, in the land
records of Hillsborough County, Florida relating to the real property
described on Exhibit A attached hereto.
2. The parties hereto desire to amend the Assignment of Rents Agreement to
reflect certain changes therein.
NOW THEREFORE, in consideration of the amendments set forth below and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. All references in the Assignment of Rents Agreement to the "Note" shall be
construed as referring to the Note as amended by a Modification to Mortgage
Note between the parties hereto and bearing the same date as this
Modification of Collateral Assignment of Rents and Leases and all
references in the Assignment of Rents Agreement to the "Mortgage" shall be
construed as referring to the Mortgage as amended by a Modification of
Mortgage between the parties hereto and bearing the same date as this
Modification of Collateral Assignment of Rents and Leases.
2. The execution and delivery of this Modification Agreement shall not
constitute a novation of the Assignment of Rents Agreement or of Assignor's
obligations thereunder.
3. Except as expressly modified hereby, the Assignment of Rents Agreement
shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Modification of
Collateral Assignment of Rents and Leases as of the date first above written.
ASSIGNOR:
/s/ Patricia Anderson H.O. Associates, Ltd.
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Patricia Anderson By: /s/ Robert M. Schiffman
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Print Name Robert M. Schiffman, General Partner
/s/ Douglas Flair
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Douglas Flair
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Print Name
/s/ Patricia Anderson
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Patricia Anderson By: /s/ Edwin B. Branch
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Print Name Edwin B. Branch, General Partner
/s/ Douglas Flair
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Douglas Flair
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Print Name
ASSIGNEE:
ATTEST: Related Mortgage Corporation
/s/ Robert B. Joselow By: /s/ Bruce H. Brown
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Robert B. Joselow Bruce H. Brown, Vice President
EXHIBIT A
LEGAL DESCRIPTION
FEDERAL HOUSING ADMINISTRATION
PROJECT NO. 067-36672
Highland Oaks Apartments
Parcel 22B, HUNTER'S GREEN, as per map or plat thereof as recorded in Plat Book
69, Page 5, of the Public Records of Hillsborough County, Florida.
STATE OF FLORIDA )
)SS:
COUNTY OF HILLSBOROUGH )
I hereby certify that on this date, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, personally
appeared Robert M. Schiffman and Edwin B. Branch, to me known to be the persons
described in and who executed the foregoing instrument as the General Partners
of H.O. ASSOCIATES, LTD., and acknowledged before me that they executed the same
as such General Partners in the name and on behalf of said Partnership.
Witness my hand and official seal in the County and State aforesaid, this 31st
day of January, 1995.
[Notary Stamp] /s/ Sherry Logsdon
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Notary Public
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 31st day of January
1995 by Bruce H. Brown, as Vice President of Related Mortgage Corporation,
Delaware corporation on behalf of the corporation. He is personally known to me
or who has produced driver's license as identification and who did/did not take
an oath.
[Notary Stamp /s/ Sherry Logsdon
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Notary Public