Common use of DESCRIPTION OF THE PROPERTY Clause in Contracts

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Parkway Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all The Property which is the subject of Seller’s right, title and interest in and to this Agreement consists of the following: (a) The land located at 100 Xxxxxxxxxx Xxx and 30 Xxxxxx Xxxx Road, both in Smithfield, Rhode Island which is more particularly described in Schedule A attached hereto (the “Land, ”) together with the Improvements; (bi) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, privileges and easements and appurtenances appertaining appurtenant to the Land and the Improvements owned by Seller, including, without limitation, all minerals, oil, gas, and other hydrocarbon substances on and under the Land, as well as all development rights, air rights, water, water rights and water stock relating to the Land, any rights to any land lying in the bed of any existing dedicated street, road or alley adjoining the Land and to all strips and gores adjoining the Land, and any other easements, rights-of-way and other way, or appurtenances used, connected used in connection with or inuring to the beneficial use or and enjoyment of the Land (collectively referred to as the “Appurtenances”); and (ii) all buildings, improvements, structures and fixtures (“Fixtures”) located on the Improvements. The Land, except as may be expressly excluded in Schedule B-1 attached hereto (collectively, the Improvements “Improvements”), and all apparatus, equipment and appliances used in connection with the operation or occupancy of the improvements, such rightsas, privileges, easements and appurtenances (including, but without limitation, Seller’s interest as lessor under heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garage disposal, recreation, or other services on the Leases) are sometimes hereinafter improvements, (which Land, together with the Appurtenances and Improvements, is collectively referred to as the “Real Property;”). (db) All The tangible personal property owned by Seller and located on or in the Real Property, including machinery and equipment, and together with all other personal property, equipmentequipment and furnishings located on the Land or in the Improvements as of the Effective Date hereof, supplies (i) expressly including those items of personal property described in Schedule B-2 attached hereto, and fixtures (ii) expressly excluding only those items of personal property described in Schedule B-1 attached hereto (collectively, the “Personal Property”). (c) To the extent assignable, all of the interest of Seller in any intangible personal property now or hereafter owned by Seller and used in the ownership, use, and operation of the Real Property, the Appurtenances, Improvements, and Personal Property approved by Seller pursuant to the provisions of this Agreement, including, without limitation, to the extent assignable at no cost to Seller, all decommissioning reports, geotechnical reports, environmental reports, traffic studies, development plans, permits and approvals, including the Master Plan Approval (hereinafter defined), contracts, agreements, or other rights relating to the ownership, use, operation and proposed development or redevelopment of the Real Property, all building warranties and guarantees to the extent in the possession of Seller, but in all events excluding the intellectual property described in Exhibit C attached hereto; andof Seller (all of which are collectively referred to as the “Intangible Property”). (d) BUYER ACKNOWLEDGES THAT BUYER HAS BEEN GIVEN THE OPPORTUNITY TO FULLY INSPECT THE PROPERTY AND THE BUYER UNDERSTANDS THAT, EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE 4 AND ARTICLE 10 BELOW AND THE DOCUMENTS TO BE EXECUTED AND DELIVERED AT CLOSING, THE SALE OF THE PROPERTY IS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, TYPE OR NATURE, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE FACT THAT NO REPRESENTATIONS OR WARRANTIES ARE BEING MADE OR HAVE BEEN MADE IN CONNECTION WITH THE PROPERTY, TITLE TO THE PROPERTY, THE SUITABILITY OF THE PROPERTY FOR DEVELOPMENT, THE CONDITION OF ANY IMPROVEMENTS THEREON, IF ANY, THE SOIL CONDITION, COMPACTION OR BEARING ABILITY THEREOF, ANY ENVIRONMENTAL OR HAZARDOUS MATERIALS CONDITION, THE INCOME TO BE DERIVED FROM THE PROPERTY, OR THE COMPLIANCE OF THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS) AND THE BUYER IS PURCHASING THE PROPERTY “AS IS,” “WHERE IS” AND “WITH ALL FAULTS,” WITHOUT ANY OBLIGATION ON THE PART OF SELLER. SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (e) All intangible property used in connection with The provisions of Section 2(d) shall survive the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”)Closing. The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to collectively herein as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Xxxxxxx Xxxx Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s 's right, title and interest in and to the following: (a) The That certain real property located at 15060 Xxxxxxx Xxxxxxxxx, xx xxx Xxxx xx Xxx Xxxxxxx, Xxxxxx xx Xos Angeles, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Land"), together with any improvements located thereon (the "Improvements"); (b) All of Seller’s 's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “"Leases” " and are identified in on the Rent Roll (hereinafter defined) Schedule of Leases attached hereto as Exhibit B); ; (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller's right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s 's interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “"Real Property;” "); (d) All tangible personal property, equipment, supplies property and fixtures located now or at the Closing on or about the Land or Improvements or attached or appurtenant thereto or used in connection with the operation thereof, but excluding: (collectivelyi) tangible personal property owned by tenants under Leases in their capacity as tenants, and (ii) all other tangible personal property and fixtures located on or about the “Land or Improvements which are not owned by Seller. (The tangible personal property and fixtures described in the preceding sentence is referred to in this Agreement as the "Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto"); and (e) All intangible property non-exclusive trademarks and trade names (if any) used or useful in connection with the foregoing includingReal Property, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (but only to the extent transferablethat the same are not trademarks or trade names of Seller or any of Seller's affiliated companies (collectively, the "Trade Names"), permits together with Seller's interest (if any) in and to any service contracts, utility contracts, telephone exchange numbers, advertising materials, guarantees, licenses, approvals, certificates, plans and specifications, permits, governmental approvals and development rights, and warranties relating to the Property, to the extent transferable) and warranties assignable (to collectively, the extent transferable), more particularly described in Exhibit D attached hereto (the “"Intangible Personal Property”"). (The Real Property, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “"Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined").

DESCRIPTION OF THE PROPERTY. 2.1 In consideration of the Purchase Price and upon the terms and conditions hereinafter set forth, Seller hereby agrees to shall sell and convey to Purchaser and Purchaser hereby agrees to shall purchase from Seller all of Seller’s right, title and interest in and to the following: (a) 2.1.1 The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements rights and appurtenances appertaining pertaining to the Land and the Improvements such real estate, including, without limitation, any and all rights of Seller in and to all roads, alleys, easements, rights-of-way streets and other appurtenances used, connected with or inuring ways adjacent to the beneficial use or enjoyment of the Land and the Improvements. The Land, strips and gores and rights of ingress and egress thereto and any reversionary rights relating thereto; 2.1.2 All improvements, structures and fixtures placed, constructed or installed on the Improvements Land, being the Project, related parking spaces and all such rightsother structures and amenities located thereon (the "Improvements"); 2.1.3 All fixtures, privilegesfurniture, easements and appurtenances (includingcarpeting, without limitationdraperies, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal propertyappliances, building supplies, equipment, supplies tools, machinery, inventory, and fixtures (collectively, the “Personal Property”) other items of personal property owned by Seller and used in presently and hereafter affixed, attached to, placed or situated upon the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property Land or Improvements and used in connection with the foregoing includingownership, without limitation, all trademarks, trade names operation and occupancy of the Land or improvements (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”"Personalty"), including those items described on Exhibit "B" attached hereto, but speciflcally excluding any items of personal property owned by tenants ("Tenants") of the Land or Improvements and further excluding any items of personal property owned by third parties and leased to Seller; 2.1.4 Seller's interest in all apartment leases ("Leases") now or hereafter affecting the contract rightsLand or Improvements, licenses together with all refundable security deposits in Seller's possession ("Security Deposits") of Tenants occupying the Land or Improvements as shown in such Leases, which Security Deposits shall be credited against the Purchase Price in accordance with Section 7.1; 2.1.5 Seller's interest in all assignable leasing, service, supply and maintenance contracts and all deposits made thereunder, excluding utility deposits ("Contracts") and all trade names, rights to plans and drawings, if any, and other intangible property, including all leasing records and documents of Seller which pertain to the extent transferableoperation of the Property (the "Intangible Property") relating to the Land, Improvements, or Personalty; and 2.1.6 All transferable licenses, permits, certificates, approvals, authorizations, variances and consents, if any (collectively "Permits"), permits (to issued or granted by governmental or quasi-governmental bodies, officers or authorities in respect of the extent transferable) ownership, occupancy, use and warranties (to operation of the extent transferable)Land, more particularly Improvements and Personalty. 2.2 The items described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively In Section 2.1 shall be referred to collectively herein as the “"Property" or the "Project".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s 's right, title and interest in and to the following: (a) The That certain real property located at 000-000 Xxxxxxxxxxxx Xxxxxxxxx, Xxxxx Xxxxxx Xxxxxxxx, Xxxxxx of Xxxxxxxxxx, Commonwealth of Pennsylvania, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Land"), together with any improvements located thereon (the "Improvements"); (b) All of Seller’s 's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “"Leases” " and are identified in on the Rent Roll (hereinafter defined) Schedule of Leases attached hereto as Exhibit B); ; (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller's right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s 's interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “"Real Property;” "); (d) All personal property, equipment, supplies property and fixtures (collectively, the “Personal Property”if any) owned by Seller and used in the operation of located on the Real Property including, without limitation, all property described in Exhibit C attached hereto(the "Personal Property"); and (e) All intangible property non-exclusive trademarks and trade names (if any) used or useful in connection with the foregoing includingReal Property, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (but only to the extent transferablethat the same are not trademarks or trade names of Seller or any of Seller's affiliated companies (collectively, the "Trade Names"), together with Seller's interest (if any) in and to any service contracts, guarantees, licenses, approvals, certificates, permits (and warranties relating to the Property, to the extent transferable) and warranties assignable (to collectively, the extent transferable), more particularly described in Exhibit D attached hereto (the “"Intangible Personal Property”"). (The Real Property, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “"Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined").

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Capital Crossing Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Battleground Park Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s 's right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s 's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “"Leases” " and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements Improvements, and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s 's interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “"Real Property";” (d) All personal property, equipment, supplies and fixtures (collectively, the “"Personal Property”") owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, all rights of Seller to the exclusive right to use of the name “Mission Xxxxxx Creek Apartments”Oakview Plaza North and South), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D D) attached hereto (the “"Intangible Personal Property”"). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “"Property".” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s right, title and interest in and to the following: (a) The That certain real property located at 0000 Xxxxxxxxxxxxx Xxxxxxxxx, Xxxxxxxxxxxx, Xxxxxxxx, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Land”), together with any improvements located thereon including, without limitation, all buildings, structures and facilities (the “Improvements”); (b) All of Seller’s interest as lessor in all leases covering the Land and Improvements identified on the Improvements Schedule of Leases attached hereto as Exhibit B (said leases, together with any and all amendments, modifications or supplements theretothereto and guaranties thereof, are hereinafter referred to collectively as the “Leases” ”), together with all leases of the Real Property hereafter entered into by Seller in accordance with the terms and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B)conditions of this Agreement; (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “Real Property”);” (d) All personal propertyfurniture, appliances, equipment, supplies personal property and fixtures (if any) owned by Seller and located on the Real Property including, but not limited to, those items listed on Exhibit L attached hereto (the “Personal Property”); (e) To the extent assignable without consent, all non-exclusive trademarks and trade names (if any) used or useful in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Personal Trade Names”), together with Seller’s interest (if any) in and to those service contracts described on Exhibit J being specifically assigned to Purchaser and any guarantees, licenses, approvals, certificates, permits and warranties relating to the Property”) owned by Seller , and used in the operation of other intangible property relating to the Real Property includingProperty, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right webnames pertaining to use the Real Property (including the domain name “Mission Xxxxxx Creek Apartments”xxxxxxxxxxxxxxxx.xxx, but expressly excluding all information contained on Seller’s website pertaining to the Real Property), and the contract rights, licenses (all to the extent transferable)assignable (collectively, permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). (The Real Property, the Leases, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “Property.”); (fa) All any trademarks, trade names, service marks or other intangible property of any kind or nature owned directly or indirectly by any Affiliate (as hereinafter defined) of Seller or any Affiliate of any such Affiliate (other than Seller) or owned by any of the tenants, contractors or licensees of Seller or the Real Property; (b) any right to the use of the service xxxx or expression “5-Star Service” or “5-Star Worldwide” (or any derivation thereof, or any substantially similar term) to describe the services which Purchaser, as landlord under the Leases or under any other leases, provides or will provide to tenants; (c) intentionally omitted; (d) any computer software which either is licensed to Seller or which Seller deems proprietary; (e) all of Seller’s right, title right and interest in and to all rents, charges and other income accruing under the Assumed Loan Leases for any period prior to and including the date of Closing; (f) any property owned by any leasing or managing agent for the Real Property, any direct or indirect beneficial owner or other Affiliate of Seller or any Affiliate of any such agent, other than Seller, or by tenants, contractors or licensees; (g) cash and accounts; (h) except or provided in Section 16, all rights, claims and interests of Seller in, to and under all insurance policies maintained by Seller, including any proceeds reimbursing Seller for costs of the repairs and improvements as a result of a fire on April 17, 2013; and (i) and any and all “Proprietary Materials” (as hereinafter defined).. For purposes of this Agreement, the following terms shall heave the following meanings:

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Xxxxxxxx Downs Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Tanglewood Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The property and interests to be sold, conveyed, transferred and assigned pursuant to this Agreement (collectively, the "Property") includes the following rights and interests: (i) Fee simple title, or a leasehold interest (as specified by Exhibit A), attached hereto and incorporated herein by this reference as to the Parcels of land described on such exhibits (the "Land"). (ii) The building improvements and other structures now or on the Closing Date situated upon the Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications fixtures located therein or supplements affixed thereto, are hereinafter and including any Aboveground Storage Tanks and Underground Storage Tanks owned by Seller (being referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B"Improvements"); (c) All rights, privileges, easements and appurtenances appertaining to the . The Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter Buildings may collectively be referred to as the “Real Property;”"Premises". As soon as possible, but not later than the end of the Inspection Period, Seller shall deliver to Buyer a list of Aboveground Storage Tanks and Underground Storage Tanks that to Seller's Knowledge are owned by Seller. (diii) All personal property, Any and all equipment, supplies appliances, apparatus, furnishings, machinery and fixtures (collectivelypersonalty, the “Personal Property”) owned by Seller and used affixed to, placed upon, located in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property or used in connection with the foregoing includinguse, occupancy or operation of the Premises and owned by Seller, if any, and without limitationwarranty (the "Personalty"). (iv) All rights and interests of Seller in, all trademarksto and under any leases encumbering the Premises, trade names as they may from time to time be executed, terminated, and/or modified in accordance with the terms hereof (including"Leases"). Buyer shall investigate the status of the Leases during the Inspection Period, without limitationincluding the estoppels delivered by Tenants, landlords, or Seller in accordance with this Agreement. (v) All rights and interests of Seller under the exclusive right to use terms of the name “Mission Xxxxxx Creek Apartments”Service Contracts (as herein defined), as they may from time to time be executed, terminated, and/or modified in accordance with the terms hereof. (b) Unless this Agreement specifically otherwise provides, Seller shall assign and convey to Buyer at Closing, in the contract rightsdeed of conveyance or otherwise, licenses and without representation or warranty, any and all easements, appurtenances, hereditaments, licenses, grants of right or other agreements benefiting a Parcel of the Land; and any land lying in the bed of any street, road, alley or avenue, opened or proposed, adjoining a Parcel, any award to be made in lieu thereof, and any unpaid award for damages to a parcel of the Land by reason of change of grade of any street. (c) Exhibit A, which may be a composite exhibit of two or more spreadsheets, sets forth the type of estate owned by Seller with respect to the extent transferableLand, Improvements and Personalty comprising each Parcel. The interests and estates to be purchased, sold, transferred and insured shall be the type of interests and estates (i.e. fee simple or leasehold), permits (as set forth on Exhibit A with respect to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Propertyeach Parcel.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s 's right, title and interest in and to the following: (a) The That certain real property located at 00000 Xxxxxxx Xxxxxxxxx, xx xxx Xxxx xx Xxx Xxxxxxx, Xxxxxx of Los Angeles, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Land"), together with any improvements located thereon (the "Improvements"); (b) All of Seller’s 's interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “"Leases” " and are identified in on the Rent Roll (hereinafter defined) Schedule of Leases attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller's right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s 's interest as lessor under the Leases) are sometimes hereinafter collectively herein after referred to as the “"Real Property");” (d) All tangible personal property, equipment, supplies property and fixtures located now or at the Closing on or about the Land or Improvements or attached or appurtenant thereto or used in connection with the operation thereof, but excluding: (collectivelyi) tangible personal property owned by tenants under Leases in their capacity as tenants, and (ii) all other tangible personal property and fixtures located on or about the “Land or Improvements which are not owned by Seller. (The tangible personal property and fixtures described in the preceding sentence is referred to in this Agreement as the "Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto"); and (e) All intangible property non-exclusive trademarks and trade names (if any) used or useful in connection with the foregoing includingReal Property, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”), and the contract rights, licenses (but only to the extent transferablethat the same are not trademarks or trade names of Seller or any of Seller's affiliated companies (collectively, the "Trade Names"), permits together with Seller's interest (if any) in and to any service contracts, utility contracts, telephone exchange numbers, advertising materials, guarantees, licenses, approvals, certificates, plans and specifications, permits, governmental approvals and development rights, and warranties relating to the Property, to the extent transferable) and warranties assignable (to collectively, the extent transferable), more particularly described in Exhibit D attached hereto (the “"Intangible Personal Property”"). (The Real Property, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “"Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined").

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The LandThat certain real property located in the County of Kane, Xxate of Illinois, more particularly described on Exhibit A attached hereto (the "LAND"), together with the Improvementsimprovements, structures and facilities owned by Seller and located thereon (the "IMPROVEMENTS"); (b) All of Seller’s 's interest as lessor in all leases leases, licenses and other occupancy agreements covering the Land and the Improvements (said leases, licenses and other occupancy agreements, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” "LEASES" and are identified in on the Rent Roll (hereinafter defined) Schedule of Leases attached hereto as Exhibit B); (c) All rightsof Seller's interest under those certain reciprocal easement agreements (said reciprocal easement agreements, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected together with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements any and all such rightsamendments, privilegesmodifications or supplements thereto, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to collectively as the “Real Property"REAS") identified on the Schedule of REAs attached hereto as Exhibit C;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used of Seller's interest in the operation repurchase right set forth in Section 6 of that certain Federated Department Stores, Inc., Purchase and Sale Agreement, Spring Hill Mall, dated as of July 14, 1986 (the Real Property including"FEDERATED SALE AGREEMENT") by and between Homart Development Co., without limitation, all property described in Exhibit C attached hereto; and a Delaware corporation (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”"HOMART"), and the contract rightsFederated Department Stores, licenses Inc., a Delaware corporation (to the extent transferable"FEDERATED"), permits which relates to certain rights of Seller (as successor-in-interest to Homart) to repurchase the extent transferable) and warranties real property sold by Homart to Federated under the Federated Sale Agreement (to the extent transferable"REPURCHASE RIGHT"), more particularly described which Repurchase Right is evidenced by that certain Memorandum of Repurchase Right dated as of July 17, 1986 and recorded on July 28, 1986 in Exhibit D attached hereto the Official Records of Kane Xxxnty, Illinois (the “Intangible Personal Property”)"OFFICIAL RECORDS") as Document No. The Real Property1784184; the Repurchase Right was restated in its entirety pursuant to that certain Restatement of Purchase Right dated as of March 3, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right1989, title and interest in and to the Assumed Loan (as hereinafter defined).by and

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Rock Ridge Apartments”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s right, title and interest in and to the following: (a) The That certain real property located at East 0000 Xxxxxx Xxxx, Dallas, Texas, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the “Land”), together with any improvements located thereon including, without limitation, all buildings, structures and facilities (the “Improvements”); (b) All of Seller’s interest as lessor in all leases covering the Land and Improvements identified on the Improvements Schedule of Leases attached hereto as Exhibit B (said leases, together with any and all amendments, modifications or supplements theretothereto and guaranties thereof, are hereinafter referred to collectively as the “Leases” ”), together with all leases of the Real Property hereafter entered into by Seller in accordance with the terms and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B)conditions of this Agreement; (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “Real Property”);” (d) All personal propertyfurniture, appliances, equipment, supplies personal property and fixtures (if any) owned by Seller and located on the Real Property including, but not limited to, those items listed on Exhibit L attached hereto (the “Personal Property”); (e) To the extent assignable without consent, all non-exclusive trademarks and trade names (if any) used or useful in connection with the Real Property, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the “Personal Trade Names”), together with Seller’s interest (if any) in and to those service contracts described on Exhibit J being specifically assigned to Purchaser and any guarantees, licenses, approvals, certificates, permits and warranties relating to the Property”) owned by Seller , and used in the operation of other intangible property relating to the Real Property includingProperty, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right webnames pertaining to use the Real Property (including the domain name “Mission Xxxxxx Creek Apartments”xxxxxxxxxxxxxxxxxxx.xxx, but expressly excluding all information contained on Seller’s website pertaining to the Real Property), and the contract rights, licenses (all to the extent transferable)assignable (collectively, permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). (The Real Property, the Leases, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “Property.”); (fa) All any trademarks, trade names, service marks or other intangible property of any kind or nature owned directly or indirectly by any Affiliate (as hereinafter defined) of Seller or any Affiliate of any such Affiliate (other than Seller) or owned by any of the tenants, contractors or licensees of Seller or the Real Property; (b) any right to the use of the service xxxx or expression “5-Star Service” or “5-Star Worldwide” (or any derivation thereof, or any substantially similar term) to describe the services which Purchaser, as landlord under the Leases or under any other leases, provides or will provide to tenants; (c) intentionally omitted; (d) any computer software which either is licensed to Seller or which Seller deems proprietary; (e) all of Seller’s right, title right and interest in and to all rents, charges and other income accruing under the Assumed Loan Leases for any period prior to and including the date of Closing; (f) any property owned by any leasing or managing agent for the Real Property, any direct or indirect beneficial owner or other Affiliate of Seller or any Affiliate of any such agent, other than Seller, or by tenants, contractors or licensees; (g) all rights and interests of Seller under that certain Settlement Agreement and Release, dated October 26, 2012, among RealNet Properties, Ltd., Xxxx Xxxx and Seller; (h) except or provided in Section 16, all rights, claims and interests of Seller in, to and under all insurance policies maintained by Seller; (i) cash and accounts; and (j) and any and all “Proprietary Materials” (as hereinafter defined).. For purposes of this Agreement, the following terms shall heave the following meanings:

DESCRIPTION OF THE PROPERTY. Seller In consideration of the mutual undertakings of the parties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Stonewood hereby agrees to sell and convey to Purchaser Macerich and Purchaser Macerich hereby agrees to purchase from Seller Stonewood all of Seller’s Stonewood's right, title and interest in and to the following: (a) The That certain real property located in the City of Downey, County of Xxx Xngeles, State of California, and more particularly described on Part I of Exhibit A attached hereto ("Fee Land, together with the Improvements"); (b) All of Seller’s Stonewood's interest as lessor lessee in all leases covering the Land and the Improvements that certain ground lease more particularly described on Exhibit M-2 attached hereto (said leasesground lease, together with any and all amendments, modifications modifications, supplements or extensions thereto, is hereinafter referred to as the "Ground Lease") pursuant to which such Ground Lease, Stonewood ground leases that certain real property located in the City of Downey, County of Xxx Xngeles, State of California and more particularly described on Part II of Exhibit A attached hereto ("Leasehold Land"). The Fee Land and the Leasehold Land are hereinafter collectively referred to as the "Land"; (c) All buildings and improvements located on the Land (collectively, "Improvements"), which Land and Improvements are commonly known as Stonewood Shopping Center. (d) All of Stonewood's interest as lessor in all leases, subleases and other occupancy agreements covering the Land and Improvements (said agreements, together with any and all amendments, modifications, supplements or extensions thereto, are hereinafter referred to collectively as the “"Leases” ") and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (ce) All of Stonewood's interest in all rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all of Stonewood's interest in and to oil, gas and other minerals and water rights 1 and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements Improvements, and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s Stonewood's interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “"Real Property");” (df) All personal property, equipment, supplies and fixtures (collectively, the “"Personal Property”") owned by Seller Stonewood located on the Real Property and used or useful in the operation of the Real Property Property, including, without limitation, all the personal property described identified in Exhibit C O attached hereto; (g) All of Stonewood's right, title and interest in and to any and all reciprocal easement agreements, supplemental or separate agreements with an Anchor (hereinafter defined) development agreements, and the like of or pertaining to the Property, all as more particularly described on Exhibit L-2 as attached hereto (each an "Operating Agreement" and collectively, the "Operating Agreements"); and (eh) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek Apartments”Stonewood Shopping Center), and the contract rights, licenses (to the extent transferable)guarantees, licenses, approvals, certificates, permits (to the extent transferable) and warranties used or useful in connection with the foregoing and all telephone numbers for the Property (to collectively, the extent transferable), more particularly described in Exhibit D attached hereto (the “"Intangible Personal Property”"). (The Real Property, the Personal Property and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “"Property").” (fi) All of Seller’s right, title and interest in and Notwithstanding anything to the Assumed Loan (as hereinafter defined)contrary contained herein, all payments payable under Section 7 of that certain License Agreement dated August 17, 1989 are not included in the term "Property" and are not being transferred pursuant to this Agreement.

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell and convey to Purchaser and Purchaser hereby agrees to purchase from Seller all of Seller’s right, title and interest in and to the following: (a) The Land, together with the Improvements; (b) All of Seller’s interest as lessor in all leases covering the Land and the Improvements (said leases, together with any and all amendments, modifications or supplements thereto, are hereinafter referred to collectively as the “Leases” and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B); (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements including, without limitation, all easements, rights-of-way and other appurtenances used, connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes hereinafter collectively referred to as the “Real Property;” (d) All personal property, equipment, supplies and fixtures (collectively, the “Personal Property”) owned by Seller and used in the operation of the Real Property including, without limitation, all property described in Exhibit C attached hereto; and (e) All intangible property used in connection with the foregoing including, without limitation, all trademarks, trade names (including, without limitation, the exclusive right to use the name “Mission Xxxxxx Creek ApartmentsResidences at Braemar”), and the contract rights, licenses (to the extent transferable), permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “Intangible Personal Property”). The Real Property, the Personal Property and the Intangible Personal Property are sometimes hereinafter collectively referred to as the “Property.” (f) All of Seller’s right, title and interest in and to the Assumed Loan (as hereinafter defined).

DESCRIPTION OF THE PROPERTY. Seller hereby agrees to sell sell, assign and convey to Purchaser Purchaser, and Purchaser hereby agrees to purchase from Seller Seller, all of Seller’s right, title and interest in and to the following: (a) The That certain real property located at 10055, 10075, 10155, 10225, 10355 and 00000 Xxxxxxxx Xxxxx, Xxxxxxxxxxx, Xxxxxxxx 00000, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Land"), together with any improvements located thereon including, without limitation, all buildings, structures and facilities (the "Improvements"); (b) All of Seller’s interest as lessor in all leases covering the Land and Improvements identified on the Improvements Schedule of Leases attached hereto as Exhibit B (said leases, together with any and all amendments, modifications or supplements theretothereto and guaranties thereof, are hereinafter referred to collectively as the “"Leases” "), together with all leases of the Real Property hereafter entered into by Seller in accordance with the terms and are identified in the Rent Roll (hereinafter defined) attached hereto as Exhibit B)conditions of this Agreement; (c) All rights, privileges, easements and appurtenances appertaining to the Land and the Improvements Improvements, if any, including, without limitation, all of Seller’s right, title and interest, if any, in and to all mineral and water rights and all easements, rights-of-way and other appurtenances used, used or connected with or inuring to the beneficial use or enjoyment of the Land and the Improvements. The Improvements (the Land, the Improvements and all such rights, privileges, easements and appurtenances (including, without limitation, Seller’s interest as lessor under the Leases) are sometimes collectively hereinafter collectively referred to as the “"Real Property");” (d) All personal propertyfurniture, appliances, equipment, supplies personal property and fixtures (collectively, the “Personal Property”if any) owned by Seller and used in the operation of located on the Real Property including, without limitationbut not limited to, all property described in those items listed on Exhibit C L attached hereto; andhereto (the "Personal Property"); (e) All intangible property To the extent assignable without consent, all non-exclusive trademarks and trade names (if any) used or useful in connection with the foregoing includingReal Property, without limitation, all trademarks, but only to the extent that the same are not trademarks or trade names of Seller or any of Seller’s affiliated companies (collectively, the "Trade Names"), together with Seller’s interest (if any) in and to those service contracts described on Exhibit J being specifically assigned to Purchaser and any guarantees, licenses, approvals, certificates, permits and warranties relating to the Property, and other intangible property relating to the Real Property, including, without limitation, the exclusive right webnames pertaining to use the Real Property (including the domain name “Mission Xxxxxx Creek Apartments”"xxxxxxxxxxxxxxxxx.xxx," but expressly excluding all information contained on Seller’s website pertaining to the Real Property), and the contract rights, licenses (all to the extent transferable)assignable (collectively, permits (to the extent transferable) and warranties (to the extent transferable), more particularly described in Exhibit D attached hereto (the “"Intangible Personal Property”"). (The Real Property, the Leases, the Personal Property Property, the Trade Names and the Intangible Personal Property are sometimes collectively hereinafter collectively referred to as the “"Property.”"); (fa) All any trademarks, trade names, service marks or other intangible property of any kind or nature owned directly or indirectly by any Affiliate (as hereinafter defined) of Seller or any Affiliate of any such Affiliate (other than Seller) or owned by any of the tenants, contractors or licensees of Seller or the Real Property; (b) any right to the use of the service xxxx or expression "5-Star Service" or "5-Star Worldwide" (or any derivation thereof, or any substantially similar term) to describe the services which Purchaser, as landlord under the Leases or under any other leases, provides or will provide to tenants; (c) intentionally omitted; (d) any computer software which either is licensed to Seller or which Seller deems proprietary; (e) all of Seller’s right, title 's right and interest in and to all rents, charges and other income accruing under the Assumed Loan Leases for any period prior to and including the date of Closing; (f) any property owned by any leasing or managing agent for the Real Property, any direct or indirect beneficial owner or other Affiliate of Seller or any Affiliate of any such agent, other than Seller, or by tenants, contractors or licensees; (g) except or provided in Section 16, all rights, claims and interests of Seller in, to and under all insurance policies maintained by Seller; (h) cash and accounts; and (i) and any and all "Proprietary Materials" (as hereinafter defined).. For purposes of this Agreement, the following terms shall heave the following meanings: