Common use of Lender’s Rights and Remedies on Default Clause in Contracts

Lender’s Rights and Remedies on Default. Upon the occurrence, and during the continuance, of any Event of Default, Lender shall have the right, in addition to any other rights or remedies available to Lender, to exercise any one or more of the following rights and remedies: (a) Lender may terminate its obligation to advance any further principal of the Loan by Notice to Borrowers. (b) Lender may apply any undisbursed Loan proceeds to the satisfaction of the conditions of the Loan Documents, irrespective of the allocation of such Loan proceeds as set forth above. (c) Lender may make advances directly to the property manager. The execution of this Agreement by each Borrower shall, and hereby does, constitute an irrevocable authorization so to advance the proceeds of the Loan. No further direction or authorization from any Borrower shall be necessary to warrant such direct advances. Each advance shall be secured by the Security Instruments and shall satisfy the obligations of Lender hereunder to the extent of the amount of the advance. TO: BANK OF AMERICA, N.A. (“Lender”) LOAN NO. PROJECT [Northridge Center Office I & II] [Powers Ferry Landing East] [West Loop LOCATION [Atlanta, Georgia] [Bellaire, Texas] [Austin, Texas] BORROWER(S) KBS SOR Northridge, LLC, a Delaware limited liability company KBS SOR Powers Ferry Landing East, LLC, a Delaware limited liability company KBS SOR 0000-0000 Xxxx Xxxx Xxxxx, XXX, a Delaware limited liability company KBS SOR Austin Suburban Portfolio, LLC, a Delaware limited liability company FOR PERIOD ENDING In accordance with the Term Loan Agreement in the amount of $120,000,000 dated as of June __, 2013 between Borrowers and Lender, Borrowers request that $______________________ be disbursed from Loan proceeds in the TILC/Capital Expenditures Holdback. The proceeds should be credited to the account of _______________________________________, Account No. ___________________, at _________________________________________. TOTAL DRAW REQUEST $_____________________ __________________________ is hereby designated and authorized to sign future draw requests on behalf of Borrowers in connection with the Loan. Lender shall be entitled to rely on draw requests given by such Person(s) until this authorization is revoked by Borrowers in writing. ________________________________ is hereby designated as being authorized to give Rate Election Notices (as defined in the Note) on behalf of Borrowers under the Note. Lender shall be entitled to rely on Rate Election Notices given by such Person(s) until this authorization is revoked by Borrowers in writing. AUTHORIZED SIGNER: Dated: S3-1

Lender’s Rights and Remedies on Default. Upon the occurrence, and during the continuance, of any Event of Default, Lender shall have the right, in addition to any other rights or remedies available to Lender, to exercise any one or more of the following rights and remedies: (a) Lender may terminate its obligation to advance any further principal of the Loan by Notice to Borrowers. (b) Lender may apply any undisbursed Loan proceeds to the satisfaction of the conditions of the Loan Documents, irrespective of the allocation of such Loan proceeds as set forth above. (c) Lender may make advances directly to the property manager. The execution of this Agreement by each Borrower shall, and hereby does, constitute an irrevocable authorization so to advance the proceeds of the Loan. No further direction or authorization from any Borrower shall be necessary to warrant such direct advances. Each advance shall be secured by the Security Instruments and shall satisfy the obligations of Lender hereunder to the extent of the amount of the advance. S2-4 TO: BANK OF AMERICA, N.A. (“Lender”) LOAN NO. PROJECT [Northridge Center West Loop Office I & IIBuildings] [Powers Ferry Landing EastIron Point Office Buildings] [West Loop LOCATION [Atlanta, Georgia] [BellaireHouston, Texas] [AustinFolsom, TexasCalifornia] BORROWER(S) KBS SOR Northridge0000 Xxxx Xxxx, LLC, a Delaware limited liability company KBS SOR Powers Ferry Landing East, LLC, a Delaware limited liability company KBS SOR 0000-0000 Xxxx Xxxx Xxxxx, XXX, a Delaware limited liability company KBS SOR Austin Suburban PortfolioIron Point, LLC, a Delaware limited liability company FOR PERIOD ENDING In accordance with the Term Loan Agreement in the amount of $120,000,000 72,450,000 dated as of June __May 1, 2013 between Borrowers and Lender, Borrowers request that [$____________________ be disbursed from Loan proceeds allocated to the Initial Advance Amount] [$______________________ be disbursed from Loan proceeds in the TILC/Capital Expenditures Holdback]. The proceeds should be credited to the account of _______________________________________, Account No. ___________________, at _________________________________________. TOTAL DRAW REQUEST $_____________________ __________________________ is hereby designated and authorized to sign future draw requests on behalf of Borrowers in connection with the Loan. Lender shall be entitled to rely on draw requests given by such Person(s) until this authorization is revoked by Borrowers in writing. ________________________________ is hereby designated as being authorized to give Rate Election Notices (as defined in the Note) on behalf of Borrowers under the Note. Lender shall be entitled to rely on Rate Election Notices given by such Person(s) until this authorization is revoked by Borrowers in writing. AUTHORIZED SIGNER: Dated: S3-1

Lender’s Rights and Remedies on Default. Upon the occurrence, and during the continuance, of any Event of Default, Lender shall have the right, in addition to any other rights or remedies available to Lender, to exercise any one or more of the following rights and remedies: (a) Lender may terminate its obligation to advance any further principal of the Loan by Notice to BorrowersBorrower. (b) Lender may apply any undisbursed Loan proceeds to the satisfaction of the conditions of the Loan Documents, irrespective of the allocation of such Loan proceeds as set forth above. (c) Lender may make advances directly to the property manager. The execution of this Agreement by each Borrower shall, and hereby does, constitute an irrevocable authorization so to advance the proceeds of the Loan. No further direction or authorization from any Borrower shall be necessary to warrant such direct advances. Each advance shall be secured by the Security Instruments Mortgage and shall satisfy the obligations of Lender hereunder to the extent of the amount of the advance. S2-4 Schedule 3 Form of Draw Request [BORROWER’S LETTERHEAD] DRAW REQUEST NO. TO: BANK OF AMERICA, N.A. (“Lender”) LOAN NO. PROJECT [Northridge Center Office I & II] [Powers Ferry Landing East] [West Loop RBC Plaza and Gaviidae Commons II LOCATION [Atlanta00 Xxxxx Xxxxx Xxxxxx and 000 Xxxxxxxx Xxxx, Georgia] [BellaireXxxxxxxxxxx, Texas] [Austin, Texas] BORROWER(S) KBS SOR Northridge, LLC, a Delaware limited liability company KBS SOR Powers Ferry Landing East, LLC, a Delaware limited liability company KBS SOR 0000-0000 Xxxx Xxxx XxxxxXxxxxxxxx BORROWER KBSIII 00 Xxxxx Xxxxx Xxxxxx, XXX, a Delaware limited liability company KBS SOR Austin Suburban Portfolio, LLC, a Delaware limited liability company FOR PERIOD ENDING In accordance with the Term Loan Agreement in the amount of $120,000,000 75,930,000 dated as of June __January 31, 2013 2013, between Borrowers Borrower and Lender, Borrowers request Borrower requests that $______________________ $ be disbursed from Loan loan proceeds in the TILC/Capital Expenditures Holdback. The proceeds should be credited to the account of _______________________________________, Account No. ___________________, at _________________________________________. TOTAL DRAW REQUEST $_____________________ __________________________ $ [Optional language to appoint a new Authorized Signer for draw requests:] is hereby designated and authorized to sign future draw requests on behalf of Borrowers Borrower in connection with the Loan. Lender shall be entitled to rely on draw requests given by such Person(s) until this authorization is revoked by Borrowers Borrower in writing. ________________________________ [Optional language to appoint an authorized person to give rate election notices under the Note:] is hereby designated as being authorized to give Rate Election Notices (as defined in the Note) on behalf of Borrowers Borrower under the Note. Lender shall be entitled to rely on Rate Election Notices given by such Person(s) until this authorization is revoked by Borrowers Borrower in writing. AUTHORIZED SIGNER: Dated: S3-1Schedule 4 Leasing and Tenant Matters

Lender’s Rights and Remedies on Default. Upon the occurrence, and during the continuance, of any Event of Default, Lender shall have the right, in addition to any other rights or remedies available to Lender, to exercise any one or more of the following rights and remedies: (a) Lender may terminate its obligation to advance any further principal of the Loan by Notice to Borrowers. (b) Lender may apply any undisbursed Loan proceeds to the satisfaction of the conditions of the Loan Documents, irrespective of the allocation of such Loan proceeds as set forth above. (c) Lender may make advances directly to the property manager. The execution of this Agreement by each Borrower shall, and hereby does, constitute an irrevocable authorization so to advance the proceeds of the Loan. No further direction or authorization from any Borrower shall be necessary to warrant such direct advances. Each advance shall be secured by the Security Instruments and shall satisfy the obligations of Lender hereunder to the extent of the amount of the advance. TO: BANK OF AMERICA, N.A. (“Lender”) LOAN NO. PROJECT [Northridge Center Office I & IIPreston Commons] [Powers Ferry Landing EastSterling Plaza] [West Loop One Washingtonian] LOCATION [Atlanta, Georgia] [BellaireDallas, Texas] [AustinGaithersburg, TexasMaryland] BORROWER(S) KBS SOR NorthridgeKBSIII Preston Commons, LLC, a Delaware limited liability company KBS SOR Powers Ferry Landing EastKBSIII Sterling Plaza, LLC, a Delaware limited liability company KBS SOR 0000-0000 Xxxx Xxxx Xxxxx, XXX, a Delaware limited liability company KBS SOR Austin Suburban PortfolioKBSIII One Washingtonian, LLC, a Delaware limited liability company FOR PERIOD ENDING In accordance with the Term Loan Agreement in the amount of $120,000,000 170,760,000 dated as of June __, 2013 between Borrowers and Lender, Borrowers request that $______________________ $ be disbursed from Loan proceeds in the TILC/Capital Expenditures TILC Holdback. The proceeds should be credited to the account of _______________________________________, Account No. ___________________, at _________________________________________. TOTAL DRAW REQUEST $_____________________ __________________________ is hereby designated and authorized to sign future draw requests on behalf of Borrowers in connection with the Loan. Lender shall be entitled to rely on draw requests given by such Person(s) until this authorization is revoked by Borrowers in writing. ________________________________ is hereby designated as being authorized to give Rate Election Notices (as defined in the Note) on behalf of Borrowers under the Note. Lender shall be entitled to rely on Rate Election Notices given by such Person(s) until this authorization is revoked by Borrowers in writing. $ AUTHORIZED SIGNER: Dated: S3-1: