TEXAS Doc-23759 COUNTY Electronically Filed Document Midland County Cheryl Becker County Clerk Document Number 2009-23759 Recorded : ERX-RECORDING Midland County Clerk Unofficial Copy rded On: Recorded At: Number of Pages: November 17, 2009 02:14:20 pm 24 Recording Fee: $104.00 Parties: DirectIndirectReceipt Number: Processed By: 299412 Vangie Montemayor Clerk Unofficial Copy Any provisiesen which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
State of Texas County of Midland I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the volume and page of the named RECORDS of Midland County, Texas as stamped hereon.
Cheryl Bicker Midland County, Texas County Clerk Midlan Midlan Doc-23759 Prepared by, and after recording Return to: James J. Schwert, Esquire, Oppenheimer Wolff & Po Plaza VII, Suite, 45 S. Seventh St.
Midlan County IN 55402 Clerk Unofficial Copy LLP MASTER AMENDMENT TO CROSS-COLLATERALIZATION AGREEMENTS AND MASTER AMENDMENT TO SECURITY INSTRUMENTS The following must appear in 12 point Times New Roman font (or the equivalent) on the first page of any recorded document if the Dúofficial Copy NOTICE OF CONFIDENTIALITY RICA PERSON, YOU MAY REMOVE erk Un rower is an individual: : IF YOU ARE A NATURAL STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEN IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE RUNDIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER.
Midland Cou Midland Midland Doc-23759 FHLMC Loan Nos.
leridge Lodge) 534381480 (Seville Estates) 534381499
FOR RECORD IN THE RUNDIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER.
Midland Cou Midland Midland Doc-23759 FHLMC Loan Nos.
leridge Lodge) 534381480 (Seville Estates) 534381499 (Eastman Estates) 504137131 (Harbour Pointe Shores) 504124560 (Lakeridge Place) 504118323 (Emeritus at Grand Terrace) 504124536 (Meadowlands Terrace) 504118161 Midland County Clerk Unofficial MASTER AMENDMENT TO CROSS-COLLATERALIZATION AGREEMENTS MASTER AMENDMENT TO SECURITY INSTRUMENTS THIS MASTER AMENDMENT TO CROSS-COLLATERALIZATION AGREEMENTS AND MASTER AMENDMENT TO SECURITY INSTRUMENTS (this "Amendment") is made as of the day of November, 2009, by FEDERAL HOME LOAN MORTAGE CORPORATION ("Lender"), EMERITOL SADDLERIDGE LODGE LLC, a Delaware limited liability company (the "Saddleridge Lodge Borrower"), EMERITOL SEVILLE ESTATES LLC, a Delaware limited liability company (the "Seville Estates Borrower"; and together with the Saddleridge Lodge Borrower the "Additional Borrowers"), each of the parties identified in the table below as Borrower (collectively together with the Additional Borrowers, "Borrowers") and REBECCA S. CONRAD, ESQUIRE, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation, CHICAGO TITLE COMPANY, a California corporation, acting Trustees.
RECITALS A. Lender is the owner of a loan from KEYCORP REAL ESTATE CAPITAL MARKETS, INC., an Ohio corporation ("Original Lender") to the Saddleridge Lodge Borrower, in the original principal amount of Six Million Four Hundred Forty-Two Thousand and No/100 Dollars ($6,442,000.00) (the "Saddleridge Lodge Loan"). The Saddleridge Lodge Loan is secured by a Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing dated as of the date
($6,442,000.00) (the "Saddleridge Lodge Loan"). The Saddleridge Lodge Loan is secured by a Multifamily Deed of Trust, Assignment of Rents and Security Agreement and Fixture Filing dated as of the date hereof (the "Saddleridge Lodge Instrument") recorded ama he Land Records of Midland County, Texas. The Saddleridge Lodge Instrumen assigned to Lender by Original Lender by Assignment of Security Instrumen and Cross-Collateralization Agreement recorded in the said Land Records. inal Lender and the Saddleridge Lodge Borrower have entered into a CrossCealization Agreement and Amendment to Security Instrument dated as of the date hereof and amending the Saddleridge Lodge Instrument (the "Saddleridge Lad Poss-Collateralization Agreement"). The Saddleridge Lodge Instrument cu bers the real property identified in Exhibit A hereto and other property included thin the definition of "Mortgaged Property" in the Saddleridge Lodge Ins and constituting or related to a seniors housing project known as Saddleridge ge (the "Saddleridge Lodge Property").
Midland County Clerk Unofficial Copy B.
ender is the owner of a loan from Original Lender to the Seville Estates the original principal amount of Two Million One Hundred Fifty-Eight The saand No/100 Dollars ($2,158,000.00) (the "Seville Estates Loan"; and together Page 1 Midland Midland Doc-23759 Gopy with the Saddleridge Lodge Loan, the "Additional Loans") ville Estates Loan is secured by a Multifamily Deed of Trust, Assignment of and Security Agreement and Fixture Filing dated as of the date hereof (the evine Estates Instrument"; and the "Additional Instruments") together with the Saddleridge Lodge Instrume recorded among the Land Records of P County, Texas. The Seville Estates
f the date hereof (the evine Estates Instrument"; and the "Additional Instruments") together with the Saddleridge Lodge Instrume recorded among the Land Records of P County, Texas. The Seville Estates Instrument was assigned to Lender ginal Lender by Assignment of Security Instrument and Cross-Collateralizat Agreement and recorded in the said Land Records. Original Lender and the Seville Estates Borrower have entered into a CrossCollateralization Agreeme Amendment to Security Instrument dated as of the date hereof and amending Seville Estates Instrument (the "Seville Estates CrossCollateralization Midland County Clerk Unofficial Collateralizationment"; and together with the Saddleridge Lodge Crossgement, the "Additional Cross-Collateralization Agreements").
The Seville states Instrument encumbers the real property identified in Exhibit B hereto and ot operty included within the definition of "Mortgaged Property" in the Seville es Instrument and constituting or related to a seniors housing project known as Me Estates (the "Seville Estates Property"; and together with the Saddleridge Lodge Property, the "Additional Properties").
D. Lender is also the owner of the following mortgage loans (collectively, the "Prior Loans") to Borrowers (which Borrowers are affiliates of the Additional Borrowers), secured by Multifamily Mortgages or Deeds of Trust upon other residential multifamily apartment projects (the "Existing Pool Properties"), all as more fully set forth in Exhibit C attached hereto (the "Prior Instruments").
E. Each of the Prior Loans is cross-collateralized and cross-defaulted pursuant to Cross-Collateralization Agreements and Amendments to the Security Instruments described in Exhibit C hereto (the "Prior Cross-Collateralization
is cross-collateralized and cross-defaulted pursuant to Cross-Collateralization Agreements and Amendments to the Security Instruments described in Exhibit C hereto (the "Prior Cross-Collateralization Agreements"; and together with the Additional Cross-Collateralization Agreements; the "Cross-Collateralization Agreements"). Each of the Additional Loans is crosscollateralized and cross-defaulted pursuant to the Additional Cross-Collateralization Agreements.
F. Borrowers acknowledge that a condition of Original Lender's agreement to make and Lender's agreement to purchase the Additional Loans is that the Additional Properties serve as collateral for each of the Prior Loans, and that each of the Existing Pool Properties serves as collateral for the Additional Loans. Borrowers are executing this Amendment to satisfy such condition. Borrowers further cknowledge that the benefits derived by Borrowers from the making of the Additi Loans are equivalent to the burdens imposed upon Borrowers and their respective NOW, THEREFORE, LENDER EACH OF THE PRIOR AND ADDITI AGREEMENTS ARE AMENDED AS 1.
The perties by this Amendment.
BORROWERS AGREE THAT Clerk Unofficial Copy term Collateralization Agreemen Additional Prope CROSS-COLLATERALIZATION LOWS: Borrowers" as used in the Prior Crosscludes the Additional Borrowers and any successor to the interest of the Additional porrowers in the Additional Properties who acquires any of the subject to, or who assumes the obligations under, the Additional ther party who enters into or assumes the obligations under any of Instruments an the Additi Instruments.
Midland County Midland Page 2 Midland Doc-23759 2.
The term "Related Borrowers" as used Additional CrossCollateralization Agreements includes the Prior Borrowers any successor to the
ti Instruments.
Midland County Midland Page 2 Midland Doc-23759 2.
The term "Related Borrowers" as used Additional CrossCollateralization Agreements includes the Prior Borrowers any successor to the interest of the Prior Borrowers in the Prior Proper who acquires any of the Prior Properties subject to, or who assumes the oblig under, the Prior Instruments and any other party who enters into or assun obligations under any of the Prior Instruments.
3.
The term Indebtedness" as used in the Prior CrossCollateralization Agreemthe "Indebtedness" as defined in each of the Midland County Clerk Unofficial Copy Additional Instruments 4.
torm "Related Indebtedness" as used in the Additional CrossCollateral Agreements includes the "Indebtedness" as defined in each of the Prior Instrumen 5.
The term "Related Instruments" as used in the Prior CrossCollateralization Agreements includes the Additional Instruments.
6.
The term "Related Instruments" as used in the Additional CrossCollateralization Agreements includes the Prior Instruments.
7. The term "Related Loans" as used in the Prior Cross-Collateralization Agreements includes the Additional Loans.
8. The term "Related Loans" as used in the Additional CrossCollateralization Agreements includes the Prior Loans.
9.
The term "Related Loan Documents" as used in the Prior CrossCollateralization Agreements includes the "Loan Documents" as defined in each of the Additional Instruments.
10. The term "Related Loan Documents" as used in the Additional CrossCollateralization Agreements includes the "Loan Documents" as defined in each of the Prior Instruments.
11. The term "Related Properties" as Collateralization Agreements includes the Additional Properties 12. The term "Related Properties" as us
oan Documents" as defined in each of the Prior Instruments.
11. The term "Related Properties" as Collateralization Agreements includes the Additional Properties 12. The term "Related Properties" as us Collateralization Agreements includes the Existing 13.
used in the Prior Crossthe Additional CrossProperties.
Recital B of each of the Crosolateralization Agreements is amended to include the information provided in bit D attached to this Amendment.
Midland County Clerk Unofficial Copy 14. Except as Agreements remains hereof, all references Loan Documents mean and of ded hereby, each of the Cross-Collateralization d and in full force and effect. From and after the date the Cross-Collateralization Agreements in any of the Total defined in each of the Cross Collateralization Agreements) shall such Cross-Collateralization Agreement as amended by this as may be further amended from time to time until the Total Indebdess (as defined in each of the Cross Collateralization Agreements) is repaid in Page 3 Midland Midland ......
Doc-23759 15.
This Amendment may be executed in any nut which when taken together shall constitute one and the same etiament.
counterparts, all of IN WITNESS WHEREOF, the undersion Borrower and Lender have executed this Amendment as of the day and year first [REMAINDE written.
Midland County Clerk Unofficial Copy AGE INTENTIONALLY LEFT BLANK] Midland County Clerk Unofficial Copy Page 4 Midland Midland Doc-23759 EMERITOL, ERIDGE LODGE LLC, a Delaware limited liability company BATUS, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unoffici Summerville Senior Living, Inc., a Delaware corporation/ its Administrative Member سام STATE OF WASHINGTON) COUNTY OF KING ) ss By: Name: Eric Mendelsohn Title: Senior Vice President,
y Clerk Unoffici Summerville Senior Living, Inc., a Delaware corporation/ its Administrative Member سام STATE OF WASHINGTON) COUNTY OF KING ) ss By: Name: Eric Mendelsohn Title: Senior Vice President, Corporate Development This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, Senior Vice President Corporate Development of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of BATUS, LLC, a Delaware limited liability company, the Sole Member of EMERITOL SADDLERIDGE LODGE LLC, a Delaware limited liability company, on behalf of said limited liability company.
Kom Notary Public Printed Name: Karco M. Muz My Commission Expires: 04/25/2011 KAREN M MISSION TATE OF Midland County Clerk Unofficial Co MUNZ EXPIRES NOTARY PUBLIC 04/25/201 WASHING Midland Page S-1 Midland Doc-23759 EMERITOL, Delaware imtinability company EESTATES LLC, a BATUS, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unofficial C STATE OF WASHINGTON) COUNTY OF KING ) ss ) Summerville Senior Living, Inc., a Delaware corporation, its Administrative Member By: elw Name: Eric Mendelsohn Title: Senior Vice President, Corporate Development This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, Senior Vice President Corporate Development of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of BATUS, LLC, a Delaware limited liability company, the Sole Member of EMERITOL SEVILLE ESTATES LLC, a Delaware limited liability company, on behalf of said limited liability company.
Notary Public Printed Name: Kacso M. Manz My Commission Expires: 04/25/2011 M KAREN COMMISSIO Cop MUNZ EXPIRE 04/25/201 OF Midland County Clerk Unofficial C WASHINGT : Midland Page S-2
bility company.
Notary Public Printed Name: Kacso M. Manz My Commission Expires: 04/25/2011 M KAREN COMMISSIO Cop MUNZ EXPIRE 04/25/201 OF Midland County Clerk Unofficial C WASHINGT : Midland Page S-2 Midland Doc-23759 EMERITOL Delaware AN ESTATES LLC, a nability company BATUS, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unofficial Copy Summerville Senior Living, Inc., a Delaware corporation, its Administrative Member By: Если Name: Eric Mendelsohn Title: Senior Vice President, Corporate Development Midland STATE OF WASHINGTON COUNTY OF KING ) ss ) This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, Senior Vice President, Corporate Development, of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of Batus, LLC, a Delaware limited liability company, the Sole Member of EMERITOL EASTMAN ESTATES LLC, a Delaware limited liability company, on behalf of said limited liability company.
Km.
Notary Public Printed Name: Kara M. Manz My Commission Expires: 04/25/8 Midland County Clerk Unofficial AREN M.
op UNZ EXPIRES NOTARY PUBLIC 4/25/2011 OF WASHING Page S-3 Midland Doc-23759 EMERITOL HARBOUR POINTE By: LC, a Delaware limited liability BATUS, LLC, a Delaware limited liability company, its Sole Member Midland County Clerk Unofficial By: Summerville Senior Living Inc., a Delaware corporation, its Administrative Member B. E Name: Eric Mendelsohn Title: Senior Vice President, Corporate Development Midland STATE OF WASHINGTON COUNTY OF KING On this 10 day of November, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eric
ATE OF WASHINGTON COUNTY OF KING On this 10 day of November, 2009, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eric Mendelsohn, to me known to be the Senior Vice President Corporate Development, of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of Batus, LLC, a Delaware limited liability company, the Sole Member of EMERITOL HARBOUR POINTE SHORES LLC, a Delaware limited liability company, the limited liability company that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act of and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that the Senior Vice President Corporate Development is authorized to execute the strument.
Witness my hand and seal the day and year first above Kam.
Notary Public residing in Tacom Printed Name: Ra Midland County Clerk Unofficial Copy My Commission Extire.
04/25/2011 KAREN M MUNZ EXPIRES COMMISSION STATE OF NOTARY PUBLIC 25/201 WASHING Page S-4 Midland Doc-23759 DGE PLACE EMERITOL L LLC, a Dela a imited liability company is, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unofficia STATE OF WASHINGTON COUNTY OF KING ) ss ) Summerville Senior Living, Inc., a Delaware corporation, its Administrative Member By: El Name: Eric Mendelsohn Title: Senior Vice President Corporate Development This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, Senior Vice President, Corporate Development, of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of Batus, LLC, a Delaware limited liability company, the Sole Member of EMERITOL LAKERIDGE
Corporate Development, of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of Batus, LLC, a Delaware limited liability company, the Sole Member of EMERITOL LAKERIDGE PLACE LLC, a Delaware limited liability company, on behalf of said limited liability company.
Кожа Notary Public Printed Name: Karen M. Munz My Commission Expires: 04/25/2 KAREN Midland County Clerk Unofficial M MUNZ RES NOTARY PUBLIC 04/25/201 OF WASHING Midland Page S-5 Midland Doc-23759 EMERITOL GRAN TERRACE LLC, a Delaware limited ability company BATUS, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unoffici STATE OF WASHINGTON ) COUNTY OF KING ) ss ) On this 10 day of November, in the year 2009, before me, Summerville Senior Living, Inc., a Delaware corporation, its Administrative Member By: Eln Name: Eric Mendelsohn Title: Senior Vice President Corporate Development a Notary Public, personally appeared Eric Mendelsohn, known or identified to me (or proved to me on the oath of) to be the Senior Vice President Corporate Development of the company that executed the above instrument or the person who executed the instrument on behalf of said company and acknowledged to me that such company executed the same. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal) CID K.
Notary Public Printed Name: m.
Касса М. Милг Commission Expires: 04/25/2 COMMIS STATE OF M MUNZ SSION EXPIRES NOTARY PUBLIC 04/25/201 Midland County Clerk Unofficial Co SHINGTO WASH Midland Page S-6 Midland Doc-23759 EMERITOL TERRAGE pany WLANDS Delaware limited Batus, LLC, a Delaware limited liability company, its Sole Member By:
1 Midland County Clerk Unofficial Co SHINGTO WASH Midland Page S-6 Midland Doc-23759 EMERITOL TERRAGE pany WLANDS Delaware limited Batus, LLC, a Delaware limited liability company, its Sole Member By: Midland County Clerk Unofficia Summerville Senior Living, Inc., a Delaware corporation,/ its Administrative Member .....................
STATE OF WASHINGTON ) ) ss COUNTY OF KING By: Name: Eric Mendelsohn Title: Senior Vice President Corporate Development This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, Senior Vice President, Corporate Development, of Summerville Senior Living, Inc., a Delaware corporation, the Administrative Member of Batus, LLC, a Delaware limited liability company, the Sole Member of EMERITOL MEADOWLANDS TERRACE LLC, a Delaware limited liability company, on behalf of said limited liability company.
Ko Notary Public m.
Printed Name: Karen M. Muz My Commission Expires: 04/25/20 KAREN STATE MISSI OF Midland County Clerk Unofficial Co M MUNZ EXPIRES OTARY PUBLIC 25/201 GTON WASHING Midland Page S-7 Midland Doc-23759 LENDER: FDERAL HOWY DAN MORTGAGE CORRORATION By: Mary Name: Mary Scanlan Title: National Underwriting Director Midland County Clerk Unoffici MMONWEALTH OF VIRGINIA, Fairfax County ss: Midland New York, New York County Seniors Housing BEFORE ME, the undersigned, a Notary Public in and for said County and State, Mary Scanlan on this day personally appeared Nat'l Srs Housing v/wDir of Federal Home Loan Mortgage Corporation, the corporation that executed the foregoing instrument, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said corporation, and that s/he executed the same as the act of such
wn to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said corporation, and that s/he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this November, 2009.
My Commission Expires: g day of Midland Helen Race New YORK lacala Notary Fairfax, Virginia HELEN RACHKO Public, State of New York No. 01RA5036494 Qualified in Bronx County Commission Expires Nov. 07, 2010 Midland County Clerk Unofficial Page S-& Midland Doc-23759 TRUSTEE: STATE OF TEXAS COUNTY OF DAY Clerk Unofficial Copy ) ) ss ) CONRÁD, ESQUIRE This instrument was acknowledged before me on November Midland AD, ESQUIRE.
Ellen Nonol Notary Public Printed Name: My Commission Expires: er 4.200 2009, by REBECCA S.
ELLEN VAUGHN NORROD MY COMMISSION EXPIRES August 31, 2013 Midland County Clerk Unofficial Copy Page S-9 Midland Midland Doc-23759 TRUSTEE: CHICAGO HEL COMPAN Copy SURANCE aska corporation Midland County Clerk Unoffici Name: Robert C. Strybel Title: RVP and Associate National Counsel ATE OF ILLINOIS COUNTY OF COOK I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify that Robert C. Strybel, personally known to me to be the RVP and Associate National Counsel of CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this 11 day of November, 2009, in person and severally acknowledged that as such RVP and Associate National Counsel, he signed and delivered the said instrument pursuant to authority given by
efore me this 11 day of November, 2009, in person and severally acknowledged that as such RVP and Associate National Counsel, he signed and delivered the said instrument pursuant to authority given by corporation, as his free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth.
Notary Public My Commission Expires: 2-21-13 OFFICIAL SEAL SUSAN M MARCHEWSKI Notary Public State of Illinois My Commission Expires Feb 21, 2013 Midland County Clerk Unofficial c Midland Page S-10 Midland Doc-23759 TRUSTEE: CHICAGO TITLE corporation NY, a California Clerk Unoff Name: Robert C. Strybel Title: RVP and Associate National Counsel STATE OF IL COUNT Midland Cot COOK undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify that Robert C. Strybel, personally known to me to be the RVP and Associate National Counsel of CHICAGO TITLE COMPANY, a California corporation, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this 11 day of November, 2009, in person and severally acknowledged that as such RVP and Associate National Counsel, he signed and delivered the said instrument pursuant to authority given by corporation, as his free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth.
Notary Public My Commission Expires: 2-21-13 OFFICIAL SEAL SUSAN M.MARCHEWSK!
Notary ate of Illinois My Commission Expires Feb 21. 2013 Midland County Clerk Unofficial Cop Midland Page S-11 Midland Doc-23759 GUARANTOR CONSENT AND AGREEM Emeritus Corporation, a Washington corporation, as Guara the Additional Loans, hereby agrees and consents to the
y Clerk Unofficial Cop Midland Page S-11 Midland Doc-23759 GUARANTOR CONSENT AND AGREEM Emeritus Corporation, a Washington corporation, as Guara the Additional Loans, hereby agrees and consents to the or each of the Prior Loans and this Amendment.
US CORPORATION, Washington poration Midland County Clerk Unofficial Copy CATE OF WASHINGTON ) ) ss COUNTY OF KING By: E.
Name: Eric Mendelsohn Title: Senior Vice President, Corporate Development This instrument was acknowledged before me on November 10, 2009, by Eric Mendelsohn, the Senior Vice President, Corporate Development, of EMERITUS CORPORATION, a Washington corporation, on behalf of said corporation.
Notary Public Printed Name: Касим Минг My Commission Expires: 04/25/201 M ON KAREN OMMISSI MUNZ EXPIRES STATE NOTARY PUBLIC /25/201 DE WASHING Midland County Clerk Unofficial Copy Midland Page S-12 Midland