HomeMy WebLinkAbout1995-06-27; Industrial Development Authority; 003 Exhibit 11; Occupancy StatementOCCUPANCY STATEMENT
Date: July 1 , 1995
Carlsbad, California Your Loan No:
The undersigned does hereby certify that his (her) (their) (its) interest in the real property known as Lot 9,
Carlsbad Oaks Business Park Center, Carlsbad, San Diego, California is as follows:
As the lessee under that certain lease, dated November 3,1994, between CIP Llmited,
L.P., a California Limited Partnership (as assignee of Hamann Investment, a California
General Partnership), lessor, and Asymptotic Technologies, Inc. DBA Asymtek, as
lessee, for a term beginning October 1, 1995, and ending November 30, 2004.
That the undersigned certifies that:
There are no amendments to the lease and it is valid and in full force and effect.
The undersigned will not amend the lease without the wrkten consent of First Interstate
Bank of California, acting as trustee under that certain Indenture dated as of July 1 , 1995
(the "Trustee").
The rent is twenty-three thousand, nine hundred ten dollars and fifty cents ($23, 910.50),
payable as follows: payable on the first day of each month commencing two months after
issuance of the Certificate of Occupancy by the City of Carlsbad, and the rent has been
paid only to the following date:
No deposit of cash or other property has been made to cover or apply upon future rent
to become due under said lease, except as follows:
Payment of said rent is not secured by any pledge, security interest or other lien on real
or personal property, except as follows:
The undersigned has (have) no claims, offsets or defenses against the payment of the rent under said lease,
except as follows:
The undersigned understand@) that said lease and/or rent and other amounts payable thereunder have
been assigned to the Trustee; and the Trustee has not assumed any liability and will not become liable in
any manner for the performance of any of the obligations of said lease, unless and until said Lender shall
hereafter in writing definitely assume any such obligations.
The undersigned agree@) that the rent under said lease will be paid only as the same becomes due
according to the terms of said lease, unless the Trustee otherwise consents in writing.
ASYMPTOTICTECHNOLOGIES, INC.,
DBA ASYMTEK
By:
Its:
By:
Its:
LAO1 \78288.2 6/ 1 /95