Common use of Property Included in Sale Clause in Contracts

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that certain real property more particularly described in Exhibit A attached hereto (the "Real Property"); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "Improvements"); (d) all tangible or intangible personal property owned by Seller and used in the ownership, use or operation of the Real Property and/or Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that That certain real property commonly known as 0000 Xxxxxxxx Xxxxxx, Denver, Colorado, as more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and Seller’s interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty (collectively, the “Appurtenant Rights”); (c) Seller’s interest in all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "“Improvements"”); (d) all Seller’s interest in any tangible or intangible personal property owned by Seller and used in the ownership, use or and operation of the Real Property and/or Property, Appurtenant Rights, and Improvements, including, without limitation, the right to use any trade name (excepting those including the name “Principal”) and all other names, logos, and designs now used in connection with the Real Property (collectively, the "“Personal Property"”); (e) and Seller’s interest in all written agreements pursuant to which any portion of the Real Property is used or occupied by anyone other than Seller (collectively, the “Leases”); and (f) Seller’s interest in the following: (i) any contract or lease rights, agreements, utility contracts or other rights and agreements relating to the ownership, use use, upkeep, repair, if any, maintenance and operation of the Real Property. , Personal Property, Appurtenant Rights, or Improvements which Buyer elects to assume pursuant to Section 5 below; (eii) all licenses, permits, warranties and guaranties, certificates of Seller's interest as lessor in all leases covering occupancy and other consents or approvals from governmental authorities related to the Real Property Property, Personal Property, Appurtenant Rights, or Improvements; (iii) all plans and specifications, drawings including CADD drawings, reports, books, studies, operating manuals and any other items used in the operation of the Real Property, Personal Property, Appurtenant Rights, or Improvements, including ; (iv) all tenant security and other deposits and interest earned thereon marketing materials and prepaid rent advertising related to the Real Property; and interest earned thereon. Interest on deposits (v) all keys and prepaid rents shall only be transferred combinations to Buyer if applicable state law or locks related to the applicable lease requires that such funds be held in interest-bearing accountsReal Property, Personal Property, Appurtenant Rights and Improvements (collectively, the “Related Property”). All of the items referred to in Subsections (a), (b), (c), (d), (e) and (ef) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property commonly known as 0000 Xxxxx XxxXxxxxx Xxxxxxxxx located in the City of Xxxxx and County of San Xxxxxxx, California and being more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "“Real Property"”); (b) all rightto the extent owned by Seller, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property, as well as all development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty and all of Seller’s right, title and interest in and to all roads and alleys adjoining or servicing the Real Property (collectively, the “Appurtenances”); (c) all improvements and fixtures located on the Real Property, including including, without limitation, all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility servicesutility, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property Property, and along with all on-site parking (all of which are collectively referred to as collectively, the "“Improvements"”); (d) all tangible or that personal property owned by Seller and described in Exhibit B attached hereto and incorporated herein by this reference (the “Personal Property”); and (e) intangible personal property now or hereafter owned by Seller and used in the ownership, use or operation of the Real Property and/or ImprovementsProperty, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Improvements and Personal Property") , described as follows: guaranties, warranties, indemnities, licenses, permits, plans, specifications and similar documents and rights, together with, to the extent approved by Buyer pursuant to this Agreement, any contract or lease rights, agreements, utility contracts or other agreements or rights relating to the ownership, use and operation of the Real Property. , as defined below (e) all of Seller's interest as lessor in all leases covering collectively, the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts“Intangible Property”). All of the items referred to in Subsections Subparagraphs (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Without representation or warranty except as expressly set forth herein, Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreementfollowing (collectively, the following:“Property”): (a) that That certain real property land located in Chicago, Illinois and with an address at 2300 Xxxxx Xxxxxxxxxx Xxxxxx xnd more particularly described in Exhibit A attached hereto (the "Real Property"“Land”); (b) all right, title and interest of Seller in all All rights, privileges, alleys, strips and gores, rights of way hereditaments and easements appurtenant to the Real PropertyLand, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property Land and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyLand (“Appurtenances”); (c) all All improvements and fixtures located on the Real PropertyLand, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached heretoLand, and all related facilities, amenities, Seller’s interest in all apparatus, equipment equipment, machinery, and appliances used in connection with the operation or occupancy of the Real PropertyLand, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property Land (all of which are collectively referred to as the "“Improvements"” and collectively with the Land and Appurtenances, the “Real Property”); (di) all Any tangible or personal property owned by Seller located at the Real Property and used in the ownership and operation by Seller of the Real Property, and (ii) any intangible personal property owned by Seller and used in the ownership, use or ownership and operation by Seller of the Real Property and/or ImprovementsProperty, including, without limitation, websites and the right to use any trade name (excepting those including the name “Principal”) now used by Seller in connection with the Real Property (the "“Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property.”); (e) all of Seller's ’s interest as lessor or landlord in and to all leases covering leases, tenancies, franchises, licenses, rights of occupancy or use or other agreements demising space or providing for the use or occupancy of any portion of the Improvements or the Real Property (both retail/commercial and Improvementsresidential), including space leases (if any) entered for the provision of amenities to tenants such as laundry, fitness or other similar facilities (the “Leases”) and Seller’s interest in and to any security deposits in connection with the Leases; and (f) Seller’s interest, if any, in and to (i) all tenant security standard service contracts and maintenance agreements that Buyer has elected to assume (or is deemed to have elected to assume) pursuant to Section 4(d) below (the “Service Contracts”), and (ii) all warranties, guaranties, made by or received by Seller from a third party with respect to any building component, machinery, equipment or material comprising a part of the Real Property or Personal Property, all building plans and specifications relating to the Real Property, and all licenses, permits, and entitlements, if any, issued, approved or granted by governmental authorities in connection with the Real Property, but as to items described in this clause (ii), only to the extent such items may be assignable by their respective terms by Seller (collectively with the Service Contracts, the “Property Agreements”). The term “Service Contracts” and “Property Agreements” shall exclude any national or regional agreements between the property manager and a vendor whereby services are provided thereunder to the Property and to other deposits and interest earned thereon and prepaid rent and interest earned thereonproperties managed by the property manager, including without limitation the trash removal agreement with Waste Management, all of which Seller shall cause the property manager to modify so as to terminate as of Closing the services provided to the Property by the vendors thereunder. Interest on deposits and prepaid rents Furthermore, “Property Agreements” shall only exclude any development management agreements entered into by affiliates of Seller or affiliates of any of Seller’s members (such affiliates, “Seller’s Affiliates”) (such development management agreements shall not be transferred assigned to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (aunder any circumstances and Buyer shall have no obligations with respect thereto), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to ------------------------- Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that certain real property commonly known as Xxxxx Xxxxxx Apartments (328 units) at 000 Xxxxx Xxxxxx Drive, Richmond, Virginia, and more particularly described in Exhibit A attached hereto (the "Real Property"); (b) all right, title and Seller's interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) Seller's interest in all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "Improvements"); (d) all Seller's interest in any tangible or intangible personal property owned by Seller and used in the ownership, use or and operation of the Real Property and/or and Improvements, including, without limitation, the right to use any trade name (excepting those including the name "Principal") now used in connection with the Real Property (the "Personal Property") and any contract or lease rights, agreements, utility contracts, management, maintenance and service contracts or other rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections subparagraphs (a), (b), (c), (d) and (ed) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property consisting of approximately 6.30 acres, more or less, located in the Town of Xxxxxx, Vermont, and being more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property (but excluding any natural gas used by Seller pursuant to the Leaseback (hereinafter defined)), as well as all development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty and all of Seller’s right, title and interest in and to all roads and alleys adjoining or servicing the Real Property (collectively, the “Appurtenances”); (c) subject to Seller’s rights under the Leaseback with respect to the Reserved Property (as hereinafter defined), all of Seller’s right, title and interest in and to all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating including all pipes, pipelines, compressors, dispensers, dryers, chillers, systems, facilities and air conditioning systems equipment used in connection with the operation of a compressed natural gas distribution facility and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services fueling station on the Real Property (all of which are collectively referred to as collectively, the "“Improvements"”); (d) subject to Seller’s rights under the Leaseback with respect to the Reserved Property, all tangible or intangible personal property owned by Seller and used located on or in the ownership, use or operation of the Real Property and/or Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property and Improvements as of the Closing Date (as defined in Paragraph 4 below) including, without limitation, those items described in Exhibit B attached hereto (the "“Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property.”); and (e) all of subject to Seller's interest as lessor in all leases covering ’s rights under the Leaseback with respect to the Reserved Property, any warranties, guarantees or sureties relating to the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accountsPersonal Property (collectively, the “Intangible Property”). All of the items referred to in Subsections subparagraphs (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "“Property."” Notwithstanding anything to the contrary set forth in this Agreement, the Property being conveyed pursuant to this Agreement does not include (and Seller expressly reserves all rights with respect thereto) (collectively, the “Excluded Property”) (i) any existing claims or causes of action with respect to the Property to the extent attributable to the period prior to the Closing Date including, without limitation, any tax rebates attributable to the period prior to the Closing (ii) those items set forth on Exhibit C attached hereto and made a part hereof, (iii) all licenses, permits, certificates of occupancy, and approvals issued or granted in connection with the Real Property and the use or operation thereof; and (iv) all of Seller’s right, title and interest in all federal, state and municipal land use permits and approvals for the use and occupancy of the Improvements on the Real Property (the “Permits”).

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth herein, all of Seller’s right, title and interest in this Agreement, the following: (a) that certain real property located at 00000 Xxxxx XxxXxxxxx Xxxxxxxxx, Xxxxxx, Xxxxx and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and interest of Seller in all any rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all on and under the Real Property and owned by Seller, development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty (collectively, the “Appurtenances”); (c) all of Seller’s interest, if any, in any equipment, machinery and personal property on or used in connection with the Real Property (the “Personalty”); (d) any improvements and fixtures located on the Real Property, including all buildings and including, without limitation, the building located thereon as well as any other structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, installed equipment and appliances owned by Seller and located on or in and used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities any on-site parking (collectively, the “Improvements”); and (e) any intangible personal property used to provide any utility servicesexclusively in the ownership, refrigerationuse, ventilation, garbage disposal, recreation operation or other services on maintenance of the Real Property and Improvements, including, without limitation: Seller’s assignable interest in all permits, licenses, governmental approvals and other entitlements relating to the Real Property and Improvements, Seller’s assignable interest in all plans, specifications and drawings relating to the Real Property and Improvements, Seller’s rights as landlord under that certain lease with HSS Systems, LLC, D/B/A HCA Patient Account Services Dallas (the “Lease”) as more fully described on the schedule attached hereto as Exhibit B (the “Schedule of Leases”) (except for any past due rents or other past due monetary obligations under such Lease as of midnight on the day before the Closing Date, all of which shall be governed by Section 7(g)(i) below), substantive correspondence and other documents related to any right to occupy any of the Improvements (excluding data in digital or computer files and any computer software or hardware), a right to all security deposits under such Lease and any and all guaranties of such Lease (subject to applicable laws and the terms of the Lease respecting said security deposits, if any), any assignable warranty and guaranty rights (provided that Seller will not be obligated to incur any cost or expense in connection with the assignment of such rights), and rights under the Contracts (as defined below) and any utility contracts or other agreements, each as they relate to the design, development, construction, ownership, use, maintenance, repair or operation of the Property (as defined below) but excluding (i) confidential information or documents not otherwise required to be provided to Buyer pursuant to this Agreement, (ii) all rights with respect to any refund of taxes applicable to any period prior to the Closing Date, or (iii) subject to Section 11 below, insurance proceeds or settlements for events occurring prior to the Closing Date (collectively, the “Intangible Property”). In the event any of the foregoing transfers of Intangible Property require the approval of a third party and/or satisfaction of any other conditions to such transfer, Seller shall obtain such approval and satisfy all such conditions no later than Closing (as defined below), including, unless otherwise specified herein, the payment of any fees related thereto. The Real Property, Appurtenances, Personalty, Improvements, and Intangible Property are collectively referred to as the "Improvements"); (d) all tangible or intangible personal property owned by Seller and used in the ownership, use or operation of the Real Property and/or Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real “Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) A. that certain real property consisting of one (1) separate parcel of land located at 000 Xxxxxx Xxx, Xxxxxxxxx, Xxxxxxxxxx, and more particularly described in attached Exhibit A attached hereto A-1 (the "Real Property"); (b) B. all right, title and interest of Seller in all Seller's rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property, as well as all development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty and all of Seller's right, title and interest in and to all roads and alleys adjoining or servicing the Real Property (collectively, the "Appurtenances"); (c) C. all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as collectively, the "Improvements"); (d) D. all tangible or intangible personal property owned by Seller located on or in the Real Property and Improvements including, without limitation, those items described in attached Exhibit A-2 (the "Personal Property"); and E. any intangible personal property now owned by Seller which is used in the ownership, use or operation of the Real Property and/or ImprovementsProperty, Improvements or Personal Property, including, without limitation, the right to use reports, warranties, indemnities, permits, plans, insurance proceeds and condemnation awards, if any trade name now used in connection with the Real Property (collectively, the "Personal Intangible Property") and any contract or lease rights). Upon execution of this Agreement, agreementsSeller shall provide Buyer all contracts, plans, surveys, studies, reports, budgets, warranties, indemnities, permits, utility contracts or other agreements or rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property more particularly described in Exhibit A attached hereto (the "Real Property"); (b) all right, title and interest in and to the following: A. that certain real property consisting of Seller approximately 43.775 acres, located at 400 Xxxxx Xxxxxxx Xxxx, in the City of Scotts Valley, California, County of Santa Cxxx and more particularly described in attached Exhibit A, which property is also commonly described as the Aviza Technology Campus (the “Real Property”); B. all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property, as well as all development rights, air rights, water, water rights, well rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty and all of Seller’s right, title and interest in and to all roads and alleys adjoining or servicing the Real Property (collectively, the “Appurtenances”); (c) C. all improvements improvements, structures and fixtures located on the Real Property, including all including, without limitation, nine (9) office buildings totaling approximately 213,534 square feet and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real PropertyProperty and such buildings, such as heating and air conditioning air-conditioning, electrical, plumbing, mechanical, elevator and freight systems and facilities used to provide any utility servicesutility, refrigeration, ventilation, garbage disposal, recreation or other services on or to the Real Property, and any other fixtures, improvements and structures on the Real Property, including all on site parking improvements except to the extent Seller has removed any of the equipment described on Exhibit A-1 from the Real Property (prior to the Seller Relocation Date, as defined in Section 16 below and specifically excluding all of which are collectively referred to as the "personal property set forth on Exhibit A-2 attached hereto (collectively, the “Improvements"”); (d) all tangible or D. any intangible personal property now or hereafter owned by Seller and used in or related to the ownership, use use, development or operation of the Real Property and/or and Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Personal Property") and any contract or lease all rights, agreementswarranties, guaranties, indemnifications, causes of action, choses in action, permits, entitlements, approvals, certificates of occupancy, plans and drawings (including, without limitation, architectural and development plans and drawings), maps, surveys, applications and submissions to and agreements with governmental agencies, specifications, reports, studies, analyses and investigations, and, to the extent approved by Buyer pursuant to this Agreement, the Assumed Contracts (as herein defined), utility contracts or other agreements or rights relating to the ownership, use and operation of the Real Property. , as defined below (e) all of Seller's interest as lessor collectively, the “Intangible Property”), except to the extent specifically provided for in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accountsthis Agreement. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth herein, all of Seller’s right, title and interest in this Agreement, the following: (a) that certain real property located at the addresses set forth in Schedule I attached hereto and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all on and under the Real Property and owned by Seller, development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used exclusively in connection with the beneficial use and enjoyment of the Real PropertyProperty (collectively, the “Appurtenances”); (c) all improvements and fixtures located on the Real Property, including all including, without limitation, the buildings and located thereon as well as any other structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, installed equipment and appliances owned by Seller and located on or in and used exclusively in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as collectively, the "“Improvements"”); (d) all fixtures (other than those which constitute Improvements), furniture, furnishings, equipment, machinery, tools, vehicles, appliances, art work and other items of tangible personal property which are located at the Hotels and used in the Business, other than the Supplies, IT Systems, F&B, Retail Merchandise, books and records and plans and specifications (the “FF&E”); (e) all china, glassware and silverware, linens, uniforms, engineering, maintenance, cleaning and housekeeping supplies, matches and ashtrays, soap and other toiletries, stationery, menus, directories and other printed materials, and all other similar supplies and materials, which are located at the Hotels as of the Closing (the “Supplies”); (f) all computer hardware, telecommunications and information technology systems located at the Hotels, and all computer software used at the Hotels (subject to the terms of the applicable license agreement), to the extent the same are transferable or the Parties obtain any consent necessary to effectuate such a transfer, but expressly excluding the Excluded Property as defined below (the “IT Systems”); (g) any food and beverages (alcoholic and non-alcoholic) which are located at the Hotels (whether opened or unopened), including, without limitation, all food and beverages located in the guest rooms, but expressly excluding any alcoholic beverages to the extent the sale or transfer of the same is not permitted under applicable law (the “F&B”); (h) all merchandise located at the Hotels and held for sale to guests and customers of the Hotels, including, without limitation, the inventory held for sale in any gift shop, pro shop or newsstand operated by Seller or any Affiliate of Seller at the Hotels, but expressly excluding the F&B (the “Retail Merchandise”); (i) all intangible personal property owned by used exclusively in the ownership, use, operation or maintenance of the Real Property and Improvements (the “Business”), including without limitation (but specifically excluding the Excluded Property (as defined below)), the following (collectively, the “Intangible Property”): i. Seller’s assignable interest in all permits, licenses, governmental approvals and other entitlements relating to the Real Property and Improvements, ii. Seller’s assignable interest in all plans, specifications and drawings relating to the Real Property and Improvements, iii. Seller’s rights as landlord under any leases or occupancy agreements in effect as of the Closing (the “Leases”) (except for any past due rents or other past due monetary obligations under the Leases), iv. Seller’s assignable interest in all service, maintenance, supply, and other agreements relating to the ownership and operation of the Property (but only to the extent related to such Property) and identified on Schedule 1 to Exhibit C, attached hereto, together with all modifications and amendments thereof and supplements relating thereto and additional agreements, provided any such modifications, amendments, supplements or additional agreements are all made in a manner fully consistent with the terms of this Agreement (the “Contracts”), v. all property records (excluding historical accounting records), vi. substantive correspondence and other documents related to any right to occupy any of the Improvements (excluding data in digital or computer files and any computer software or hardware), vii. a right to all security deposits under the Leases and any and all guaranties of the Leases (subject to applicable laws and the terms of the applicable Leases respecting said security deposits), viii. all assignable warranty and guaranty rights (provided that Seller and used will not be obligated to incur any cost or expense in connection with the assignment of such rights), and ix. all rights under utility contracts or other agreements, each as they relate to the ownership, use or operation of the Real Property and/or ImprovementsProperty, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Propertyas defined below. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property located in Carrollton, Texas, and being more particularly described in Exhibit A attached hereto (the "Real PropertyLand"); (b) all right, title any and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real PropertyLand, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under and that may be produced from the Land, as well as all development rights, land use entitlements, including without limitation building permits, licenses, permits and certificates, utilities commitments, air rights, water, water rights (rights, riparian rights, and water stock, if any) stock relating to the Real Property Land and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyLand and all of Seller's right, title and interest in and to all roads, easements, rights of way and alleys adjoining, serving or servicing the Land (collectively, the "Appurtenances"); (c) all improvements and fixtures located on the Real PropertyLand and appurtenances, including all buildings and structures presently including, without limitation, building(s) located on the Real Property listed on Schedule A, Land containing approximately 69,694 square feet of net rentable area (Seller making no representation or warranty as more particularly described in Exhibit A, attached heretoto such square footage), and all related facilities, amenities, all apparatus, and equipment and appliances located on the Land used in connection with the operation or occupancy of the Real PropertyLand and appurtenances, such as heating and air conditioning systems and facilities used to provide any utility servicesutility, refrigeration, ventilation, garbage disposal, recreation disposal or other services on the Real Property Land and appurtenances, and along with all on-site parking facilities (all of which are collectively referred to as collectively, the "Improvements", and together with the Land and Appurtenances, the "Real Property"); (d) Seller's right, title and interest to any and all tangible personal property owned by Seller located on or in and used in connection with the Real Property as of the date hereof and as of the "Closing Date" (as defined in Paragraph 8(b) below) including, without limitation, those items, if any, described in the Personal Property Inventory attached hereto as Exhibit B attached hereto (collectively, the "Tangible Personal Property"); and (e) Seller's right, title and interest to any and all intangible personal property now or hereafter owned by Seller and used in the ownership, use or operation or development of the Real Property and/or Improvementsand Tangible Personal Property, including, without limitation, any right, title and interest of Seller in the right to use the name "Avion Business Center" and any other 5 trade name now used in connection with the Real Property (the "Personal Property") , and any contract or lease rightsrights (including, without limitation, the lessor's interest in and to all tenant leases, rental agreements, subleases and tenancies, including all amendments, modifications, agreements, records, and other documents relating in any way to a right to occupy any portion of the Real Property (individually and collectively, the "Leases"), and Seller's interest in all security deposits and prepaid rent, if any, under the Leases covering any period of time after the Closing and any and all guaranties of the Leases, utility contracts contracts, warranties or other agreements or rights relating to the ownership, use and operation of the Real Property or Tangible Personal Property (collectively, the "Intangible Property. (e) all of Seller's interest as lessor in all leases covering ", and together with the Real Property and ImprovementsTangible Personal Property, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts"Personal Property"). All of the items referred to in Subsections Subparagraphs (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property located in Concord, California, more particularly described in Exhibit A "A" attached hereto (hereinafter the "Real Property"); (b) all Seller's right, title and interest of Seller in all any rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all on and under the Real Property, development rights, air rights, water, water rights, riparian rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyProperty (hereinafter, collectively, the "Appurtenances"); (c) all Seller's right, title and interest in the improvements and fixtures located on the Real Property, including all buildings and structures presently including, without limitation, the building owned by Seller located at 1675 Willow Pass Road, Concoxx, Xxxxxxxxxx, xx xxxx xx xxx other improvements located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility servicesall on-site parking (hereinafter, refrigerationcollectively, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "Improvements"); (d) Seller's right, title and interest in (i) the lease dated October 3, 1997 with Burlington Coat Factory Warehouse of Concord, Inc., and (ii) the lease dated July 25, 2005 with Jo-Ann Stores, Inc. (hereinaxxxx, collectively, "Leases"); and (e) Seller's right, title and interest in: all tangible or intangible personal permits, licenses, governmental approvals and other entitlements relating to the Real Property and Improvements, plans, specifications and drawings, property owned by Seller records (excluding historical accounting records), security deposits under the Leases and used in any and all guaranties of the Leases, any warranty and guaranty rights, and rights under the HVAC Contract with ACCO Engineered Systems, each as they relate to the ownership, use or operation of the Real Property and/or ImprovementsProperty, includingas defined below (hereinafter, without limitationcollectively, the right to use any trade name now used in connection with the Real Property (the "Personal Intangible Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts). All of the items referred to described in Subsections subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred intended to be consistent with each other and in furtherance of the parties objective that Buyer is purchasing all of Seller's interests in the Property itself so as to own and control such interests to the "Propertysame extent that Seller owns and controls them except as to those rights are non-assignable, related to adjacent properties, or specifically excepted by other provisions of this Agreement."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, all right, title and interest of Seller in and to the following: (a) that certain real property more particularly described in Exhibit EXHIBIT A attached hereto hereto, located at 0000 Xxxxxxx Xxxxxx, X.X., Xxxxxxxxxx, X.X. (the "Real Property"); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit AEXHIBIT B, attached heretohereto (collectively referred to as the "Improvements"), and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all but expressly excluding any such property owned or held by tenants of which are collectively referred to as the "Improvements"Property); (d) all tangible or intangible personal property the following additional property, to the extent owned by Seller and Seller, used in for the ownership, use ownership or operation of the Real Property and/or and to the extent transferable and assignable ("PERSONAL PROPERTY") (i) mechanical systems, fixtures and equipment comprising a part of or attached to or located upon the Improvements, (ii) maintenance equipment and tools owned by Seller, located on the Real Property and used exclusively in connection with the Improvements, (iii) site plans, surveys, plans and specifications, marketing materials and floor plans in Seller's possession which relate exclusively to the Property, and (iv) pylons and other signs located on the Real Property owned by Seller. (e) Seller's interest in Leases and rental agreements with tenants occupying space in the Improvements (the "LEASES"), and any guaranties or other security applicable thereto and all security deposits, advance rental, or like payments, if any, held by Seller in connection with the Leases; (f) to the extent assignable or transferable, all contract rights (collectively, the "CONTRACT RIGHTS") related to the Real Property, Tangible Property or Leases (other than insurance policies), including, without limitation, Seller's interest in all management, employment, maintenance, construction, commission, architectural, parking, telecommunication, supply or service contracts, warranties, guarantees and bonds and other agreements related to the right Improvements, Tangible Property, or Leases that are listed on EXHIBIT D and will remain in existence after Closing (collectively, the "OPERATING CONTRACTS"); (g) to use any trade name now the extent assignable or transferable, all permits, licenses, certificates of occupancy, and governmental approvals which relate to the Real Property, Tangible Property, Leases, the Contract Rights or the Operating Contracts; and (h) to the extent assignable or transferable, tradenames or trademarks used exclusively in connection with the Real Property (the "Personal Property") , and any contract or lease rights, agreements, utility contracts or other rights relating goodwill related to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), ) through (b), (c), (d) and (eh) above are hereinafter collectively referred to as the "PropertyPROPERTY."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property consisting of approximately 20.8 acres, located in Houston, Harrxx Xxxnty, Texas, and being more particularly described in Exhibit A attached hereto (the "Real PropertyLand"); (b) all of Seller's right, title and interest of Seller interest, if any, in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real PropertyLand, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under and that may be produced from the Land, as well as all development rights, land use entitlements, including without limitation building permits, licenses, permits and certificates, utilities commitments, air rights, water, water rights (rights, riparian rights, and water stock, if any) stock relating to the Real Property Land and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyLand and all of Seller's right, title and interest, if any, in and to all roads, easements, rights of way and alleys adjoining, serving or servicing the Land (collectively, the "Appurtenances"); (c) all improvements and fixtures located on the Real PropertyLand and appurtenances, including all including, without limitation, nine (9) buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached heretoLand containing approximately Two Hundred Eighty Six Thousand Two Hundred Sixty Six (286,266) square feet of net rentable area, and all related facilities, amenities, all apparatus, and equipment owned by Seller and appliances used in connection with the operation or occupancy of the Real PropertyLand and appurtenances, such as heating and air conditioning systems and facilities used to provide any utility servicesutility, refrigeration, ventilation, garbage disposal, recreation disposal or other services on the Real Property Land and appurtenances, and along with all on-site parking facilities (all of which are collectively referred to as collectively, the "Improvements", and together with the Land and Appurtenances, the "Real Property"); (d) all tangible personal property owned by Seller located on or in and used in connection with the Real Property as of the date hereof and as of the "Closing Date" (as defined in Paragraph 8(b) below) including, without limitation, those items described in the Personal Property Inventory attached hereto as Exhibit B attached hereto (collectively, the "Tangible Personal Property"); and (e) any intangible personal property now or hereafter owned by Seller and used in the ownership, use or operation or development of the Real Property and/or Improvementsand Tangible Personal Property, including, without limitation, the right to use the name "Commerce 5 Center" and any other trade name now used in connection with the Real Property (and, to the "Personal Property") and extent approved by Buyer pursuant to this Agreement, any contract or lease rightsrights (including, without limitation, the lessor's interest in and to all tenant leases, rental agreements, subleases and tenancies, including all amendments, modifications, agreements, records, substantive correspondence, and other documents affecting in any way a right to occupy any portion of the Real Property (individually and collectively, the "Leases"), and Seller's interest in all security deposits and prepaid rent, if any, under the Leases and any and all guaranties of the Leases, utility contracts contracts, warranties or other agreements or rights relating to the ownership, use and operation of the Real Property or Tangible Personal Property (collectively, the "Intangible Property. (e) all of Seller's interest as lessor in all leases covering ", and together with the Real Property and ImprovementsTangible Personal Property, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts"Personal Property"). All of the items referred to in Subsections Subparagraphs (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, all right, title and interest of Seller in and to the following: (a) that certain real property located at 0000 Xxxxxxxxx Xxxxxxxxx, Xxxxxxxxx, Xxxxxxxx and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit AB, attached heretohereto (collectively referred to as the “Improvements”), and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all but expressly excluding any such property owned or held by tenants of which are collectively referred to as the "Improvements")Property; (d) all tangible or intangible personal property owned by Seller and used exclusively in the ownership, use or operation of the Real Property and/or Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "“Personal Property"”) and, to the extent transferable and assignable, any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property but expressly excluding any such property and rights owned or held by tenants of the Property.; and (e) all of Seller's ’s interest as lessor in all leases covering the Real Property and ImprovementsImprovements (collectively, together with all amendments, modifications and supplements thereto, the “Leases”), including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property located in Austxx, Xxxxxx Xxxnty, Texas, and being more particularly described in Exhibit A attached hereto and incorporated herein for all purposes (the "Real PropertyLand"); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real PropertyLand, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under and that may be produced from the Land, as well as all development rights, land use entitlements, including without limitation building permits, licenses, permits and certificates, utilities commitments, air rights, water, water rights (rights, riparian rights, and water stock, if any) stock relating to the Real Property Land and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real PropertyLand and all of Seller's right, title and interest in and to all roads, easements, rights of way and alleys adjoining, serving or servicing the Land (collectively, the "Appurtenances"); (c) all improvements and fixtures located on the Real PropertyLand and appurtenances, including all buildings including, without limitation, that certain office building and structures presently related improvements located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached heretoLand, and all related facilities, amenities, all apparatus, and equipment and appliances used in connection with the operation or occupancy of the Real PropertyLand and appurtenances, such as heating and air conditioning systems and facilities used to provide any utility servicesutility, refrigeration, ventilation, garbage disposal, recreation disposal or other services on the Real Property Land and appurtenances, and along with all on-site parking facilities (all of which are collectively referred to as collectively, the "Improvements", and together with the Land and Appurtenances, the "Real Property"); (d) all tangible personal property owned by Seller located on or in or used in connection with the Real Property as of the date hereof and as of the "Closing Date" (as defined in Paragraph 8(b) below) including, without limitation, those items described in the Personal Property Inventory attached hereto as Exhibit B attached hereto (collectively, the "Tangible Personal Property"); and (e) any intangible personal property now or hereafter owned by Seller and used in the ownership, use or operation or development of the Real Property and/or Improvementsand Tangible Personal Property, including, without limitation, the right to use the name "WHITXXX XXXXXX XXXZA" and any other trade name now used in connection with the Real Property (and, to the "Personal Property") and extent approved by Buyer pursuant to this Agreement, any contract or lease rightsrights (including, without limitation, the lessor's interest in and to all tenant leases, rental agreements, subleases and tenancies, including all amendments, modifications, agreements, records, substantive correspondence, and other documents affecting in any way a right to occupy any portion of the Real Property (individually and collectively, the "Leases"), and Seller's interest in all security deposits and prepaid rent, if any, under the Leases and any and all guaranties of the Leases, utility contracts contracts, warranties or other agreements or rights relating to the ownership, use and operation of the Real Property or Tangible Personal Property (collectively, the "Intangible Property. (e) all of Seller's interest as lessor in all leases covering ", and together with the Real Property and ImprovementsTangible Personal Property, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts"Personal Property"). All of the items referred to in Subsections Subparagraphs (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that That certain real property commonly known as 0000 Xxxxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxxxx, and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and Seller’s interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) Seller’s interest in all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "“Improvements"”); (d) all Seller’s interest in any tangible or intangible personal property owned by Seller and used in the ownership, use or and operation of the Real Property and/or and Improvements, including, without limitation, the right to use any trade name now (excepting those including the name “Principal”), trademarks, service marks, building and property names and building signs used in connection with the Real Property and the Improvements, including the names “Canyon Ridge Apartments” and all variations thereof (the "“Personal Property"”) and any contract or lease rights, agreements, utility contracts, management, maintenance and service contracts or other rights relating to the ownership, use and operation of the Real Property. Property (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. “Service Contracts”); All of the items referred to in Subsections subparagraphs (a), (b), (c), (d) and (ed) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, and Buyer hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that certain real property more particularly described in Exhibit EXHIBIT A attached hereto (the "Real Property"); (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule SCHEDULE A, as more particularly described in Exhibit EXHIBIT A, attached hereto, and all related facilities, amenities, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "Improvements"); (d) all tangible or intangible personal property owned by Seller and used in the ownership, use or operation of the Real Property and/or Improvements, including, without limitation, the right to use any trade name now used in connection with the Real Property (the "Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accounts. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "Property."

Property Included in Sale. Seller hereby agrees to sell and convey to Buyer, Xxxxx and Buyer hereby Xxxxx agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that That certain real property located at (hotel address) (Assessor Parcel No: (hotel parcel #,) and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and interest of Seller in all All rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, Property including without limitation, limitation all minerals, oil, gas and other hydrocarbon substances on the Real Property, as well as all development rights, air rights, water, water rights (and water stock, if any) stock relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property;. (c) all All improvements and fixtures located on the Real Property, Property including without limitation that certain story building as well as any and all buildings and other structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating heating, ventilating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "collectively, “Improvements"”);. (d) all tangible Personal property (“Personal Property”) of Seller located on or in the Real Property and Improvements described in Exhibit B attached hereto. (e) All of the interest of Seller in any intangible personal property now or hereafter owned by Seller and used in the ownership, use or and operation of the Real Property, Improvements and Personal Property and/or Improvements, including, including without limitation, limitation the right to use any trade style or name now used in connection with the Real Property (for use in conjunction with the "Personal Property"Real Property only) and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property. (e) all of Seller's interest , as lessor in all leases covering the Real Property and Improvements, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accountsdefined below. All of the items referred to in Subsections (a), (b), (c), (d) and (e) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell and convey to BuyerXxxxx, and Buyer Xxxxx hereby agrees to purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement, the following: (a) that That certain real property commonly known as HEB Marketplace, 0000 Xxxxxxx Xxxx, Xxxx Xxxxxx, Texas and more particularly described in Exhibit A attached hereto (the "“Real Property"”); (b) all right, title and Seller’s interest of Seller in all rights, privileges, alleys, strips and gores, rights of way privileges and easements appurtenant to the Real Property, including, without limitation, all minerals, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) Seller’s interest in all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached hereto, and all related facilities, amenitiesProperty, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, such as heating and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which are collectively referred to as the "“Improvements"”);; and (d) Seller’s interest in all tangible or and intangible personal property (“Personal Property”) owned by Seller and used in the ownership, use or and operation of the Real Property and/or Improvementsand Improvements (the tangible personal property, if any, being listed on Exhibit E), all copyrights, logos, designs, trademarks, service marks, trade names (excepting those including the name “Principal”), including, without limitation, the right to use any trade name “HEB Marketplace” now used in connection with the Real Property (and all goodwill associated with the "Personal Property") , the plans and any contract or lease rights, agreements, utility contracts or other rights specifications relating to the Property, all warranties relating to the Real Property or the Personal Property, all Service Contracts (as hereinafter defined) to the extent Buyer agrees to assume the same as provided below, all licenses, permits and other written authorizations necessary for the zoning, land use, operation, ownership, use construction and maintenance of the Property, all tenant files and all other files and records related to the management and operation of the Real Property which are currently in the possession of Seller or Seller’s property manager, and all claims and causes of action arising out of or in connection with the Property (other than claims solely related to Seller’s ownership of the Property including claims for delinquent rent for periods prior to the month in which the Closing occurs, unless otherwise specifically provided below), but excluding all proprietary information of Seller and its managing agent including computer software (but not the data pertaining to the operation of the Property. (e) all of Seller's interest as lessor in all leases covering the Real Property and Improvements, including all tenant security related licenses and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accountsappraisals. All of the items referred to in Subsections subparagraphs (a), (b), (c), (d) and (ed) above are hereinafter collectively referred to as the "“Property."”

Property Included in Sale. Seller hereby agrees to sell sell, transfer, assign, and convey to Buyer, and Buyer Xxxxx hereby agrees to purchase and accept from Seller, at the price and upon subject to the terms and conditions set forth in this Agreementherein, the following: (a) that certain real property more particularly That tract of land located at 000 Xxxxxxxxxx Xxxx, Xxxx Xxxxx, Xxxxxxx described in or shown on Exhibit A attached hereto hereto; and all rights, privileges and easements appurtenant thereto; and all easements, rights-of-way, licenses, restrictions and other appurtenances for the benefit of such land (collectively, the "Real Property"“Land”);. (b) all right, title and interest of Seller in all rights, privileges, alleys, strips and gores, rights of way and easements appurtenant to All improvements on the Real PropertyLand, including, without limitation, all mineralsthe metal structure, oil, gas and other hydrocarbon substances as well as all development rights, air rights, water, water rights (and water stock, if any) relating to the Real Property and any easements, rights-of-way or other appurtenances used in connection with the beneficial use and enjoyment of the Real Property; (c) all improvements and fixtures located on the Real Property, including all buildings and structures presently located on the Real Property listed on Schedule A, as more particularly described in Exhibit A, attached heretoLand, and all related facilitiesfixtures, amenitiessystems, all apparatus, equipment appliances, and appliances building materials used or to be used in connection with the construction, operation or occupancy of the Real PropertyLand (collectively, such as heating the “Improvements”). The Land and air conditioning systems and facilities used to provide any utility services, refrigeration, ventilation, garbage disposal, recreation or other services on the Real Property (all of which Improvements are sometimes collectively referred to as the "Improvements");“Real Property.” (dc) all All equipment, machinery, fixtures, tools, signs, systems, supplies, inventories, and other tangible or intangible personal property owned by Seller and used in the ownershipSeller, use or operation of the Real Property and/or Improvements, including, including without limitation, furniture, furnishings, fixtures, carpeting, heating, lighting, plumbing, water, sewer, ventilating, electrical, gas, air conditioning, communication, fire protection, security and light/safety fixtures, equipment and systems, water heaters, furnaces, heating controls and motors, incinerating, disposal, cleaning, maintenance, janitorial, landscaping equipment, and other items located on or used in connection with the right to use any trade name Real Property, now or hereafter located on or used in connection with the Real Property (collectively, the "“Tangible Personal Property") and any contract or lease rights, agreements, utility contracts or other rights relating to the ownership, use and operation of the Real Property”). (ed) all of Seller's interest as lessor in all leases covering All intangible property related to the Real Property that is owned by the Seller, all service and Improvementssimilar contracts, including all tenant security and other deposits and interest earned thereon and prepaid rent and interest earned thereon. Interest on deposits and prepaid rents shall only be transferred to Buyer if applicable state law or the applicable lease requires that such funds be held in interest-bearing accountsrelated records associated therewith (the “Intangible Property”). All of the items referred to in Subsections (a), (b), (c), (dSections 1(a) and (ethrough 1(d) above are hereinafter collectively referred to as the "“Property."”