Common use of Grantor Clause in Contracts

Grantor. Xxxxx VAF - Parkway at Oak Hill, LLC, a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund I, LLC, a Georgia limited liability company, its sole member By: Xxxxx Investment Management Company, LLC, a Georgia limited liability company, its manager By: Name: Title: THE STATE OF GEORGIA § § COUNTY OF GWINNETT § This instrument was acknowledged on the ___ day of _______________________________, 2012 by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak Hill, LLC, a Delaware limited liability company. ____________________________________ Notary Public My Commission Expires: TRACT 1: Lot, I, Block "A", OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IV, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof recorded under Document No. 200300035 of the Official Public Records of Xxxxxx County, Texas, being more particularly described by metes and bounds shown on Exhibit "A" attached hereto and made a part hereof. TRACT 2: Being all of that certain 4.678 acre tract of land, more or less, the same being all of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according to the map or plat thereof, recorded under Document No, 200300034 of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement dated October 27, 2005, by and between Champion Partners Group, Ltd., and AAW Oak Hill, Ltd., recorded under Document No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:

Grantor. Xxxxx VAF - Parkway at Oak Hill, New Horizon Resources LLC, a Delaware limited liability company wholly owned subsidiary of U.S. Energy Corporation By: Xxxxx Mid-___________________________ Name: Ryan Smith Title: President and CEO U.S. Energy Corporation By: ___________________________ Name: Ryan Smith Title: President and CEO The foregoing instrument was acknowledged before me on ___________, 2024, by Ryan Smith, as President and CEO of U.S. Energy Corporation, a Delaware corporation, and New Horizon Value-Added Fund I, Resources LLC, a Georgia North Dakota limited liability company, its sole member By: Xxxxx Investment Management Company, LLC, a Georgia on behalf of such corporation and limited liability company, its manager By: Name: Title: THE STATE OF GEORGIA § § COUNTY OF GWINNETT § This instrument was acknowledged on the ___ day of . WITNESS my hand and official seal. _______________________________, 2012 by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak Hill, LLC, a Delaware limited liability company. __Sign Name __________________________________ Print Name Notary Public Public, _________ My Commission Expirescommission expires: TRACT 1________________________________ By: LotName: Title: STATE OF TEXAS COUNTY OF [________] § § § The foregoing instrument was acknowledged before me on __________, I2024, Block "A"by [________], OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IVas [________], 84 Resources Holdings, LLC, a subdivision in Xxxxxx CountyTexas limited liability company, Texason behalf of such limited liability company. WITNESS my hand and official seal. _________________________________ Sign Name __________________________________ Print Name Notary Public, according to the map or plat thereof recorded under Document No. 200300035 of the Official Public Records of Xxxxxx County, Texas, being more particularly described by metes and bounds shown on Exhibit "A" attached hereto and made a part hereof. TRACT 2_________ My commission expires: Being all of that certain 4.678 acre tract ________________________________ Description: 34.4354 acres of land, more or lessless in the Liberty Town South League, Abstract # 358 in Liberty County, Texas and being further described in that certain Warranty Deed dated July 27, 1993 from the same being all Estate of Xxx 0A.D. Smart et al to Samson Resources Company as recorded in Volume 1481, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according to the map or plat thereof, recorded under Document No, 200300034 Page 6 of the Official Public Deed Records of Xxxxxx Liberty County, Texas; said 4.678 . Description: 10.9345 acres of land land, more or less in the Liberty Town South League, Abstract # 358 in Liberty County, Texas and being more particularly further described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement Warranty Deed dated October July 27, 20051993 from the Estate of A.D. Smart to Samson Resources Company as recorded in Volume 1481, by and between Champion Partners Group, Ltd., and AAW Oak Hill, Ltd., recorded under Document No. 2005209114 Page 1 of the Official Public Deed Records of Xxxxxx Liberty County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:.

Grantor. Xxxxx VAF - Parkway at Oak HillDC-19675 W. TEN MILE, LLC, a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund IXxxxxx/Validus Operating Partnership, LLCLP, a Georgia Delaware limited liability companypartnership, its sole member By: Xxxxx Investment Management CompanyXxxxxx Validus Mission Critical REIT, LLCInc., a Georgia limited liability companyMaryland corporation, its manager General Partner By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: THE CEO STATE OF GEORGIA § § FLORIDA ) COUNTY OF GWINNETT § This instrument was acknowledged on the ___ day of _______________________________, 2012 by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLCHILLSBOROUGH ) I, the manager undersigned, a Notary Public in and for said County, in said state, hereby certify that Xxxx Xxxxxx whose name as CEO of Xxxxx Mid-Horizon Value-Added Fund IXxxxxx Validus Mission Critical REIT, LLCInc., a Maryland corporation, which is the sole member general partner of Xxxxx VAF-Parkway at Oak HillXxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, which is the Managing Member of DC-19675 W. TEN MILE, LLC, a Delaware limited liability company, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he/she, as such officer and with full authority, executed the same voluntarily for and as the act of said officer on behalf of said company and stated that the representations therein contained are true. ____________________________________ GIVEN under my hand and Official Seal this 25 day of May, 2012. /s/ Xxxx Xxxxxxx Signature of Notary Xxxx Xxxxxxx Print Notary’s Name Notary Public residing in Hillsborough County My Commission Expirescommission expires: TRACT 12/11/2015 PREPARED BY AND WHEN RECORDED, RETURN TO: LotXxXxxxx Long & Xxxxxxxx LLP 000 Xxxxxxxxx Xxxxxx, IX.X., Block "A"Xxxxx 0000 Xxxxxxx, OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IVXxxxxxx 00000 Attention: Xxxxx X. Xxxxxx, Esq. Real property in the City of Southfield, County of Oakland, State of Michigan, described as follows: Parcel IB: Part of the Northwest 1/4 of the Northwest 1/4 of Xxxxxxx 00, Xxxx 0 Xxxxx, Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Michigan, described as: Beginning at a point on the South line of Ten Mile Road (120 feet wide). Said point being North 89 degrees 59 minutes 45 seconds East 416.0 feet and South 0 degrees 00 minutes 15 seconds East 60.0 feet from the Northwest corner of Section 26, Town 1 North, Range 10 East; thence South 0 degrees 00 minutes 15 seconds East 118.00 feet; thence North 89 degrees 59 minutes 45 seconds East 125.0 feet; thence South 0 degrees 00 minutes 15 seconds East 94.75 feet; thence South 45 degrees 49 minutes 35 seconds East 252.68 feet; thence North 44 degrees 10 minutes 25 seconds East 72.0 feet; thence South 45 degrees 49 minutes 35 seconds East 50.15 feet; thence 177.95 feet along the Arc of a curve concave to the West, said curve having a Radius of 807.68 feet, a subdivision Central Angle of 12 degrees 37 minutes 25 seconds and whose Chord bears North 14 degrees 12 minutes 57 seconds East 177.59 feet; thence North 0 degrees 00 minutes 15 seconds West 200.0 feet; thence along the South line of Ten Mile Road, South 89 degrees 59 minutes 45 seconds West 435.98 feet to the point of beginning. Together with the right to use in Xxxxxx common with others all easements for parking, ingress and egress, installation and maintenance of utilities and drainage facilities and use of all other common facilities, all as set forth in that certain instrument entitled “Declaration of Easements” dated June 25, 1968 and recorded in Liber 5225, Page 777, Oakland County Records as amended by instrument dated December 7, 1968 and recorded December 25, 1968 in Liber 5297, Page 465, Oakland County Records, and as further amended by instrument dated April 27, 2012 and recorded May 21, 2012 in Liber 44206, Page 87, Oakland County Records (as amended from time to time, the “Declaration”). And together with a Generator Easement as granted in the Declaration over the property more particularly described as follows: Part of the Northwest 1/4 of Xxxxxxx 00, Xxxxxxxx 0 Xxxxx, Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Texas, according to the map or plat thereof recorded under Document No. 200300035 of the Official Public Records of Xxxxxx County, TexasMichigan, being more particularly described by metes as follows; Commencing at the Northwest corner of Section 26; thence S89 degrees 57 minutes 31 seconds E, 415.61 feet (previously recorded as N89 degrees 59 minutes 45 seconds E, 415.00 feet) along the North line of Section 26; thence S00 degrees 00 minutes 15 seconds E, 178.24 feet (previously recorded at 178.00 feet); thence N89 degrees 59 minutes 45 seconds E, 125.00 feet; thence S00 degrees 00 minutes 15 seconds E, 94.75 feet; thence S45 degrees 49 minutes 35 seconds E, 252.68 feet; thence N44 degrees 10 minutes 25 seconds E, 42.00 feet to the point of beginning of the following described easement; thence N44 degrees 10 minutes 25 seconds E, 30.00 feet; thence S45 degrees 49 minutes 35 seconds E, 82.00 feet; thence S47 degrees 13 minutes 47 seconds W, 48.00 feet; thence N45 degrees 49 minutes 35 seconds W, 11.24 feet; thence N05 degrees 48 minutes 12 seconds E, 22.87 feet; thence N45 degrees 49 minutes 35 seconds W, 54.00 feet to the point of beginning. Parcel IC: Part of the Northwest 1/4 of the Northwest 1/4 of Xxxxxxx 00, Xxxx 0 Xxxxx, Xxxxx 00 Xxxx, Xxxx of Southfield, Oakland County, Michigan, described as: Beginning at a point on the South line of Ten Mile Road which is South 89 degrees 59 minutes 45 seconds West measured on the North line of Section 26, 1613.28 feet and bounds South 00 degrees 00 minutes 15 seconds East 60.00 feet from the North 1/4 corner of said Section 26; thence South 89 degrees 59 minutes 45 seconds West along the South line of Ten Mile Road, 100.00 feet to a point; thence South 00 degrees 00 minutes 15 seconds East 200 feet to a point; thence North 89 degrees 59 minutes 45 seconds East, 100.00 feet to a point; thence North 00 degrees 00 minutes 15 seconds West, 200.0 feet to the place of beginning, except the Easterly 60 feet thereof. Tax Parcel Identification Numbers: 00-00-000-000 as to Parcel IB and 00-00-000-000 as to Parcel IC Permitted Encumbrances are such matters as are shown on Exhibit "A" attached hereto and made a part hereof. TRACT 2: Being all of that certain 4.678 acre tract of land, more or less, the same being all of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according Schedule B to the map or plat thereof, recorded under Document No, 200300034 of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement dated October 27, 2005, by and between Champion Partners Group, Ltd., and AAW Oak Hill, Ltd., recorded under Document Pro Forma Loan Title Insurance Policy File No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according 533547-L issued by First American Title Insurance Company to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:Agent in connection with this Instrument.

Grantor. Xxxxx VAF - Parkway at Oak HillXXXX XX XXXXXXXXX GA, LLC, a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund IXxxx REIT Advisors III, LLC, a Georgia limited liability company, its sole member By: Xxxxx Investment Management Company, LLC, a Georgia Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: THE Vice President /s/ Xxxxxxxx Xxxxxxxx Witness /s/ Xxxx X. Xxxxx Notary Public My commission expires: 9/3/2012 [NOTARY SEAL] DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113532/Store No. 588 STATE OF GEORGIA § § ARIZONA COUNTY OF GWINNETT § This MARICOPA The foregoing instrument was acknowledged before me on the ___ day of _______________________________August 28, 2012 2009, by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLCXXXX X. XXXXX, the manager Vice President of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak HillXxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX XXXXXXXXX GA, LLC, a Delaware limited liability company, on behalf of said limited liability company. ____________________________________ /s/ Xxxx X. Xxxxx [Notary Public Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: TRACT 1September 3, 2012 DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113532/Store No. 588 Unit No.: Lot588 Property Address: 000 Xxxxxxxx Xxx, IXxxxxxxxx, Block "A"Xxxxxxx Description of Land. The Land referred to in this Security Deed is situated in the County of Xxxxxxx, OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IVState of Georgia and is described as follows: PARCEL 1 All that tract or parcel of land lying and being in the 1765 G.M.D., a subdivision in Xxxxxx Town of Braselton, Xxxxxxx County, Texas, according to the map or plat thereof recorded under Document No. 200300035 of the Official Public Records of Xxxxxx County, Texas, Georgia and being more particularly described by metes as follows: Beginning at a concrete monument found at the Westerly end of a mitered right of way corner located at the intersection of the Westerly right of way line of Georgia 53, 100 foot right of way and bounds shown the Northerly right of way line of Interstate 85, right of way varies; thence along the Northerly right of way line of Interstate 85 South 71°41’51” West 243.88 feet to a concrete monument found; thence continue along the Northerly right of way line of Interstate 85 South 61°48’51” West 145.26 feet to an iron pin set; thence leaving the Northerly right of way line of Interstate 85 North 15°09’11” West 331.31 feet to an iron pin set; thence North 75°06’13” East 438.20 feet to an iron pin found on Exhibit "A" attached hereto and made a part hereof. TRACT 2: Being all the Westerly right of that certain 4.678 acre tract way line of land, more or less, Georgia 53; thence along the same being all Westerly right of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according way line of Georgia 53 South 15°34’24” East 236.51 feet to an iron pin set at the Northeasterly end of said mitered right of way corner; thence along said mitered right of way xxxxx South 34°38’02” West 72.07 feet to the map or plat thereof, recorded under Document point of beginning. Containing 2.97 acres Parcel No, 200300034 of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly . 118 043A PARCEL 2 Together with those beneficial rights that constitute rights in real property as described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access Declaration of Easements for Georgia Distribution Center between Madison Ventures, Ltd. and Easement Agreement Cracker Barrel Old Country Store, Inc. dated October 27May 16, 20052005 and recorded May 17, by and between Champion Partners Group2005 in Deed Book 38W, Ltd.page 566, and AAW Oak Hill, Ltd., recorded under Document aforesaid records. DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document 02-62113532/Store No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:588

Grantor. Xxxxx VAF - Parkway at Oak HillMOUNT CARRIGAIN LP, a Texas limited partnership By: Hampshire Realty Company, LLC, a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund I, LLC, a Georgia Texas limited liability company, its sole member general partner By: Xxxxx Investment Management Company, LLC, a Georgia limited liability company, its manager By: Name: Title: THE STATE OF GEORGIA § § COUNTY OF GWINNETT § This instrument was acknowledged on the ___ day of :_______________________________, 2012 by ______ Printed Name:_____________ in the capacity of ____________________ Title:__________________________________ STATE OF _________________ ss. ss. COUNTY OF ________________ ss. The foregoing instrument was acknowledged on behalf ______________________, 2005, by __________________, the __________________ of Xxxxx Investment Management Hampshire Realty Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak Hill, LLC, a Delaware Texas limited liability company, the general partner of MOUNT CARRIGAIN LP, a Texas limited partnership, on behalf of said entities. ________________________________________ Notary Public My Commission Expires: TRACT 1: LotPublic, IState of ________________ EXHIBIT C --------- ASSIGNMENT AND ASSUMPTION OF LEASE, Block "A"RENTS, OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IVCONTRACTS AND OTHER PROPERTY INTERESTS For good and valuable consideration, the receipt of which is hereby acknowledged, MOUNT CARRIGAIN LP, a subdivision Texas limited partnership ("ASSIGNOR"), hereby irrevocably assigns, transfers and sets over to ___________________ ("ASSIGNEE") all of Assignor's right, title and interest in Xxxxxx County, Texas, according and to (i) the map or plat thereof recorded under Document No. 200300035 of lease agreement (the Official Public Records of Xxxxxx County, Texas, being more particularly described by metes and bounds shown "LEASE") enumerated on Exhibit "A" SCHEDULE A attached hereto and made a part hereof. TRACT 2: Being , together rents and additional rents payable thereunder and all of that certain 4.678 acre tract of landtenant security deposits paid to or deposited with Assignor under the Lease (the "SECURITY DEPOSITS"), more or less(ii) to the extent assignable, the same being all of Xxx 0, Xxxxx contracts (the "XCONTRACTS", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision ) enumerated in Xxxxxx County Texas, according to the map or plat thereof, recorded under Document No, 200300034 of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes and bounds shown on Exhibit "B" SCHEDULE B attached hereto and made a part hereof, (iii) to the extent assignable, any governmental permits and approvals (the "PERMITS AND APPROVALS") related to the improvements (the "IMPROVEMENTS") located on the land (the "LAND") being conveyed by Assignor to Assignee by Deed, dated the date hereof, and (iv) to the extent assignable, all contract rights (including, without limitation, all existing third-party warranties, if any, on materials and equipment constituting a part of or used in the operation and maintenance of the Improvements), licenses, permits, plans and specifications, surveys, soils reports, insurance proceeds by reason of damage to the Improvements, condemnation awards and all other rights, privileges or entitlements necessary to continue the use and operation of the Land and the Improvements. TRACT 3: Easement Estate for accessAssignee hereby accepts the foregoing assignment and assumes all obligations in connection with the Lease, appurtenant the Security Deposits, the Contracts and the Permits and Approvals, arising or first becoming due and payable from and after the date hereof. Assignee agrees to Tracts 1 indemnify Assignor and 2hold Assignor harmless from and against any and all claims, created liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not limited to attorneys' fees and expenses) asserted against or incurred by Assignor by reason of or arising out of any failure by Assignee to perform or observe the obligations, covenants, terms and conditions assumed by Assignee hereunder. Other than with respect to the physical or environmental condition of the Property (as defined in the Purchase Agreement), Assignor agrees to indemnify Assignee and hold Assignee harmless from and against any and all claims, liens, damages, demands, causes of action, liabilities, lawsuits, judgments, losses, costs and expenses (including but not limited to attorneys' fees and expenses) asserted against or incurred by Assignee by reason of or arising out of any failure by Assignor to perform its obligations under the Lease, the Security Deposits, the Contracts, and the Permits and Approvals to the extent the same arose prior to the date hereof. Assignor hereby represents and warrants only that it has not previously assigned the Lease, the Security Deposit, the Contracts, the Permits and Approvals, contract rights and other rights assigned hereby. Except as set forth in that certain Joint Access Purchase and Easement Sale Agreement dated October 27________, 20052005 between Assignor and Assignee ("PURCHASE AGREEMENT"), by and between Champion Partners GroupAssignor makes no other representation or warranty in connection with this Assignment and, Ltd.except for the foregoing, and AAW Oak Hillthis Assignment is made without recourse to Assignor. All terms of this Agreement shall be binding upon, Ltd., recorded under Document No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according inure to the map or plat thereof, recorded under Document No. 200080208 benefit of and be enforceable by the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached parties hereto and made part hereoftheir respective legal representatives, successors and assigns. The following restrictive covenants No modification, waiver, amendment, discharge or change of record itemized below:this Assignment shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is or may be sought.

Grantor. Xxxxx VAF - Parkway at Oak HillDISCOVERY ZONE, LLCINC., a Delaware limited liability company corporation, as successor in interest to LEAPS & BOUNDS, INC. By: /s/ Xxxxx Mid-Horizon Value-Added Fund I, LLC, a Georgia limited liability company, its sole member ByXxxxxxxxx ------------------------- Name: Xxxxx Investment Management Company, LLC, a Georgia limited liability company, its manager ByXxxxxxxxx Its: Name: Title: THE President STATE OF GEORGIA § § NEW YORK ) ) ss. COUNTY OF GWINNETT § This instrument was acknowledged on the ___ day of _______________________________, 2012 by _____________ in the capacity of ____________________ on behalf of WESTCHESTER ) I certify that I know or have satisfactory evidence that Xxxxx Investment Management Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which Xxxxxxxxx is the sole member person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as President of Xxxxx VAF-Parkway at Oak HillDISCOVERY ZONE, LLCINC., a Delaware limited liability companycorporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. ____________________________________ Dated this 28th day of July, 1997. [Notarial Seal] Dated: July 28, 1997 [Notarial Seal] /s/ Xxxx X. Xxxxxxxx ----------------------- (Signature) [STAMP] ------------------------- (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of New York, residing at (home address): New York, New York My Commission Expires: TRACT 1: Lot, I, Block "A", OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IV, a subdivision in Xxxxxx appointment expires 6/15/98 Vancouver Xxxxx County, TexasWashington EXHIBIT A Lot 1, according to the map or plat thereof as described in and delineated on SHORT PLAT, recorded in Book 2 at Page 865, of Short Plats and as recorded under Document Auditor's File No. 200300035 9404150033, being a portion of Lot 2 of Short Plats at page 535, records of Xxxxx County being a parcel of property in the Northeast quarter of Section 17, Township 2 North, Range 2 East of the Official Public Records of Xxxxxx Willamette Meridian, Xxxxx County, Texas, being more particularly described by metes and bounds shown on Exhibit "A" attached hereto and made a part hereofWashington. TRACT 2: Being all of TOGETHER WITH that certain 4.678 acre tract road easement for the purpose of landingress, more or lessegress and passage and utilities as set forth and defined by document recorded May 8, the same being all of Xxx 01991, Xxxxx "X"under Auditor's File No. 9105080180. TOGETHER WITH a non-exclusive easement for ingress, XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION IIIegress, a subdivision parking and utilities as granted and described in Xxxxxx County Texas, according to the map or plat thereof, document recorded under Document Auditor's File No, 200300034 . G 705215 and as amended and restated by documents recorded under Auditor's File Nos. 7806280148 and 8106250036. TOGETHER WITH a non-exclusive easement for ingress and egress as delineated and described in access easement recorded under Xxxxx County Auditor's File No. 9404150214. EXHIBIT B STATE SPECIFIC PROVISIONS (Washington) The following provisions are incorporated by reference into Section 48 of the Official Public Records attached Deed of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes Trust. If any conflict or inconsistency exists between this Exhibit B and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement dated October 27, 2005, by and between Champion Partners Group, Ltd., and AAW Oak Hill, Ltd., recorded under Document No. 2005209114 the remainder of the Official Public Records attached Deed of Xxxxxx CountyTrust, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on this Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:B shall govern.

Grantor. Xxxxx VAF - Parkway at Oak HillXXXX XX BREMEN GA, LLC, a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund IXxxx REIT Advisors III, LLC, a Georgia limited liability company, its sole member By: Xxxxx Investment Management Company, LLC, a Georgia Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxx Name: Xxxx X. Xxxxx Title: THE Vice President /s/ Xxxxxxxx Xxxxxxxx Witness /s/ Xxxx X. Xxxxx Notary Public My commission expires: 9/3/2012 [NOTARY SEAL] DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113557/Store No. 613 STATE OF GEORGIA § § COUNTY OF GWINNETT § This ARIZONA MARICOPA The foregoing instrument was acknowledged before me on the ___ day of _______________________________August 28, 2012 2009, by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLCXXXX X. XXXXX, the manager Vice President of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak HillXxxx REIT Advisors III, LLC, a Delaware limited liability company, the manager of Xxxx XX BREMEN GA, LLC, a Delaware limited liability company, on behalf of said limited liability company. ____________________________________ /s/ Xxxx X. Xxxxx [Notary Public Seal] Notary Public, State of ARIZONA Printed Name: Xxxx X. Xxxxx My Commission Expires: TRACT 1September 3, 2012 DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113557/Store No. 613 Unit No.: Lot613 Property Address: 000 Xxxxx Xxxxx Xxxx, IXxxxxx Xxxxxxx Description of Land. The Land referred to in this Security Deed is situated in the County of Xxxxxxx, Block "A"State of Georgia and is described as follows: DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 02-62113557/Store No. 613 PARCEL 1 All that tract or parcel of land lying and being in Land Lot 276 of the 7th District, OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IV, a subdivision in Xxxxxx 5th Section of Xxxxxxx County, Texas, according to the map or plat thereof recorded under Document No. 200300035 of the Official Public Records of Xxxxxx County, Texas, Georgia and being more particularly described as follows: Commencing at an iron pin found at the corner formed by metes the Intersection of the Northwesterly right of way line of Interstate Highway No. 20, right of way varies, with the Westerly right of way line of U.S. Highway No. 27, right of way varies; thence proceed along the Northwesterly right of way line of said Interstate Highway No. 20 South 68°15’59” West a distance of 209.30 feet to a 1/2” rebar found; thence continue along said right of way line South 68°10’13” West a distance of 59.67 feet to a concrete monument found; thence continue along said right of way line South 68°31’03” West a distance of 164.58 feet to a 1/2” rebar found, said 1/2” rebar found being the true point of beginning; from the true point of beginning as thus described, continue along said right of way line of Interstate Highway No. 20 South 68°24’41” West a distance of 245.58 feet to a concrete monument found; thence continue along said right of way line on the arc of a 945.89 foot radius curve to the right an arc distance of 118.04 feet, said curve being subtended by a chord of South 72°01’44” West with a chord distance of 117.96 feet to a 1/2” rebar set; thence leaving said right of way line and bounds proceed North 03°38’35” East a distance of 570.61 feet to a 1/2” iron pin set on the Southerly right of way line of Price-Creek Road, right of way varies; thence along said Southerly right of way line North 87°06’11” East a distance of 319.36 feet to a 1/2” rebar set; thence leaving said right of way of Price-Creek Road and proceed South 06°25’24” West a distance of 60.88 feet to a 1/2” rebar found; thence South 01°36’13” West a distance of 398.28 feet to a 1/2” rebar found, said 1/2” rebar found being the true point of beginning. Also known as that parcel of land shown on Exhibit "A" attached hereto a Boundary Survey for Xxxxxx Xxxxxxx Xxxxxxxx, Xxxxxx X. Xxxxxxxx and made a part hereofCracker Barrel Old Country Store, Inc. by LandAir Surveying, Inc. recorded in Plat Book 89, page 72. TRACT 2: Being Parcel No. Z52-0058 Contains 3,844 acres or 167,454.39 square feet PARCEL 2 Together with all right, title and interest in real estate created by virtue of that certain 4.678 acre tract of land, more or less, the same being all of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according to the map or plat thereof, recorded under Document No, 200300034 of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Slope Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement dated October 27, 2005, by and between Champion Partners GroupXxxxxx X. Xxxxxxxx and Xxxxxx Xxxxxxx Xxxxxxxx and Cracker Barrel Old Country Store, Ltd.Inc. dated April 14, 2006 and AAW Oak Hillrecorded in Deed Book 3520, Ltd.page 111, recorded under Document Xxxxxxx County, Georgia records. DEED TO SECURE DEBT (GEORGIA) Xxxxx Fargo/Xxxx Properties/Cracker Barrel Loan No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document 02-62113557/Store No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:613

Grantor. Xxxxx VAF - Parkway at Oak HillArbor Pointe, LLCL.P., an Ohio limited partnership By: MBS GP 76, L.L.C., a Delaware limited liability company By: Xxxxx Mid-Horizon Value-Added Fund I, LLC, a Georgia limited liability company, its sole member general partner By: Xxxxx Investment Management CompanyMUDCO 4, LLCINC., a Georgia limited liability companyMissouri corporation, its manager Sole Member By: Xxxxxxx X. Xxxxxxxxx, Vice President Date: , 2011 By: Name: Title: THE Date: , 2011 This Deed Prepared By: Xxxxxx X. Xxxxx, Esq. Xxxxx, Xxxxx & Xxxxxxxx 000 X. Xxxxxx Xxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 When Recorded Return to: [CONFORM FORM OF NOTARY TO LOCAL LAW] STATE OF GEORGIA § § ) : ss. COUNTY OF GWINNETT § This ) The foregoing instrument was acknowledged on the ___ day of _______________________________, 2012 by _______before me this ______ in the capacity day of ________________, 20____ on behalf of Xxxxx Investment Management Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which by . He or she is the sole member of Xxxxx VAF-Parkway at Oak Hill, LLC, a Delaware limited liability companypersonally known to me or has produced as identification and did (did not) take an oath. ____________________________________ Notary Public NOTARY PUBLIC Residing at: My Commission Expires: TRACT 1: Lot, I, Block "A", OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IV, a subdivision b-4 Located in Xxxxxx Jefferson County, Texas, according to the map or plat thereof recorded under Document No. 200300035 Kentucky: Being all of the Official Public Records of Xxxxxx County, Texas, being more particularly described by metes and bounds Residual Tract “13R” as shown on Exhibit "A" approved Minor Subdivision Plat bearing Docket #126-93 attached hereto to and made a part hereofof instrument recorded in Deed Book 6330, page 761, in the Office of the Clerk of Jefferson County, Kentucky. TRACT 2: Being all the same property conveyed to Arbor Pointe Limited Partnership, an Ohio limited partnership, by Deed dated December 7, 1993, recorded in Deed Book 6391, Page 693, in the Office of the Clerk of Jefferson County, Kentucky. b-5 EXHIBIT “C” [FORM OF] TAXPAYER’S CERTIFICATION OF NON-FOREIGN STATUS To inform Steadfast Asset Holdings, Inc., a California corporation (“Transferee”) that withholding of tax under Section 1445 of the Internal Revenue Code of 1986, as amended (“Code”), will not be required upon the transfer of certain 4.678 acre tract of landreal property to the Transferee by Arbor Pointe, more or lessL.P., an Ohio limited partnership, the same being all of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according to undersigned (“Taxpayer”) hereby certifies the map or plat thereof, recorded under Document No, 200300034 following on behalf of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access and Easement Agreement dated October 27, 2005, by and between Champion Partners Group, Ltd., and AAW Oak Hill, Ltd., recorded under Document No. 2005209114 of the Official Public Records of Xxxxxx County, Texas; being over and across that certain 0.336 acre portion of Lots I and 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized belowTaxpayer:

Grantor. Xxxxx VAF - Parkway at Oak HillDated: __________ BEHRINGER HARVARD 1221 XXXX XX, a Texas limited partnership By: Behringer Harvard 1221 Xxxx XX, LLC, a Delaware Texas limited liability company By: Xxxxx Mid-Horizon Value-Added Fund I, LLC, a Georgia limited liability company, its sole member By: Xxxxx Investment Management Company, LLC, a Georgia limited liability company, its manager By: Name: Title: THE STATE OF GEORGIA TEXAS § § COUNTY OF GWINNETT DALLAS § This instrument was acknowledged before me on the ___ day of _______________ 20__, by ____________________, 2012 by _____________ in the capacity of ____________________ on behalf of Xxxxx Investment Management Company, LLC, the manager of Xxxxx Mid-Horizon Value-Added Fund I, LLC, which is the sole member of Xxxxx VAF-Parkway at Oak HillBehringer Harvard 1221 Xxxx XX, LLC, a Delaware Texas limited liability company, general partner of Behringer Harvard 1221 Xxxx XX, a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Printed Name of Notary Public [SEAL] Seller, BEHRINGER HARVARD 1221 XXXX XX, a Texas limited partnership (“Seller”), having its principal place of business at Dallas, Texas, in consideration of Ten Dollars ($10.00), receipt of which is hereby acknowledged, does hereby sell, assign, transfer and set over to ____________________, a ____________________ Notary Public My Commission Expires(“Purchaser”), the following described personal property, to-wit: TRACT 1: Lot, I, Block "A", OAK HILL TECHNOLOGY PARK SUBDIVISION SECTION IV, a subdivision in Xxxxxx County, Texas, according to the map or plat thereof recorded under Document No. 200300035 All of the Official Public Records furniture, fixtures, equipment, machines, apparatus, supplies and personal property, of Xxxxxx Countyevery nature and description, Texas, being more particularly and all replacements thereof now owned by Seller and located in or on the real estate described by metes and bounds shown on Exhibit "A" A attached hereto and made a part hereof. TRACT 2: Being all , excepting therefrom any furniture, furnishings, fixtures, business equipment or articles of that certain 4.678 acre tract of landpersonal property belonging to tenants occupying the improvements situated on said real estate, more or less, otherwise excluded pursuant to Tenant Estoppel Certificates executed by such tenants in connection with the same being all of Xxx 0, Xxxxx "X", XXX XXXX XXXXXXXXXX XXXX SUBDIVISION SECTION III, a subdivision in Xxxxxx County Texas, according to the map or plat thereof, recorded under Document No, 200300034 sale and purchase of the Official Public Records of Xxxxxx County, Texas; said 4.678 acres of land being more particularly real property and improvements thereon described by metes and bounds shown on Exhibit "B" attached hereto and made part hereof. TRACT 3: Easement Estate for access, appurtenant to Tracts 1 and 2, created in that certain Joint Access Purchase Agreement between Seller and Easement Agreement Purchaser dated October 27_______________, 200520__. SELLER MAKES NO WARRANTY OF MERCHANTABILITY, by and between Champion Partners GroupQUALITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE FOREGOING PROPERTY, Ltd.AND THE SAME IS SOLD IN “AS IS, and AAW Oak HillWHERE IS” CONDITION, Ltd.WITH ALL FAULTS. BY EXECUTION OF THIS XXXX OF SALE, recorded under Document No. 2005209114 of the Official Public Records of Xxxxxx CountyPURCHASER AFFIRMS THAT IT HAS NOT RELIED ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH THE FOREGOING PROPERTY FOR ANY PARTICULAR PURPOSE, Texas; being over and across that certain 0.336 acre portion of Lots I and 0THAT SELLER MAKES NO WARRANTY OF MERCHANTABILITY, Xxxxx "X"QUALITY, XXX XXXX XXXXXXXXXX XXXX SUBDIVISIONOR FITNESS FOR ANY PARTICULAR PURPOSE, a subdivision in Xxxxxx CountyAND THAT THE FOREGOING PROPERTY IS BEING SOLD TO PURCHASER WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, TexasEXPRESS, according to the map or plat thereof, recorded under Document No. 200080208 of the Official Public Records of Xxxxxx County. Texas. Said 0.335 acres being more particularly described by metes and bounds shown on Exhibit "C" attached hereto and made part hereof. The following restrictive covenants of record itemized below:IMPLIED OR STATUTORY.