Common use of Survival of Article IX Clause in Contracts

Survival of Article IX. The provisions of this Article IX shall survive the Closing. The parties hereto have executed this Agreement as of the respective dates written below. SELLER: OAIC Bush Street, LLC, a Delaware limited liability company By: /s/ GREG BRESKIN -------------------------- Name: Greg Breskin Its: --------------------------- BUYER: GEM INVESTORS, Inc., a Delaware corporation By: /s/ -------------------------- Its: -------------------------- FLYNN LAND COMPANY, INC., a Califoxxxx corporation By: /s/ -------------------------- Its: -------------------------- LIST OF EXHIBITS AND SCHEDULES EXHIBITS Exhibit A Real Property Description Exhibit B List of Tenant Leases Exhibit C Bill of Sale Exhibit D Asxxxxment of Leases, Service Contracts and Warranties Exhibit E Estoppel Certificate Exhibit F Tangible Personal Property Exhibit G List of Service Contracts Exhibit H List of Construction Contracts Schedule 1 Disclosure Items EXHIBIT A REAL PROPERTY DESCRIPTION EXHIBIT B LIST OF TENANT LEASES B-1 EXHIBIT C BILL OF SALE ---------------------------------------- This Bill of Sale (the "Bill of Sale") xx xade and entered xxxo ____________, 2000, by and between OAIC Bush Street, LLC, a Delaware limitxx xiability company ("Assignor"), and_____________, a _______________ ("Assignee"). In consideration of the sum of Ten Dollars ($10) and other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor does hereby assign, transfer, convey and deliver to Assignee, its successors and assigns, free and clear of any liens or encumbrances created by, through or under Assignor, all items of tangible personal property, if any, owned by Assignor and situated upon and used exclusively in connection with the land described on the attached EXHIBIT A (the "Land"), the improvements located thereon (the "Improvements"), and described on the attached EXHIBIT B, but specifically excluding any such personal property in Seller's management office and any and all personal property owned by tenants or otherwise considered the property of tenants under any leases affecting the Land or Improvements (the "Tangible Personal Property") and any intangible personal property owned by Assignor and used in the ownership, use or operation of the Land, Improvements or the Tangible Personal Property, including Assignor's rights, if any, to all building or trade names, including the right to use the name "225 Bush Street," provided however, Sexxxx makes no representation or warranty that Seller has any rights with respect to ownership or use of such trade names (the "Intangible Personal Property," together with the Tangible Personal Property, the "Personal Property"). This Bill of Sale is made subject, suboxxxxate and inferior to the easements, covenants and other matters and exceptions set forth on EXHIBIT C, attached hereto and made a part hereof for all purposes. ASSIGNEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN AGREEMENT OF PURCHASE AND SALE DATED _______________, 2000, BY AND BETWEEN ASSIGNOR AND ASSIGNEE (THE "AGREEMENT"), ASSIGNOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR CONDITIONS OF THE PERSONAL PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY, (C) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH ASSIGNEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PERSONAL PROPERTY, ASSIGNEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PERSONAL PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNOR, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT ASSIGNOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PERSONAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS," EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. The obligations of Assignor are subject to the limitations of liability set forth in Section 9.11 of the Agreement.

Survival of Article IX. The provisions of this Article IX shall survive the Closing. The parties hereto have executed this Agreement as of the respective dates written belowdate set forth in the first paragraph of this Agreement. SELLERSeller: OAIC Bush StreetMX XXXXXX CENTER, LLC, a Delaware limited liability company By: /s/ GREG BRESKIN -------------------------- Name: Greg Breskin Its: --------------------------- BUYER: GEM INVESTORS, Inc.RREEF AMERICA L.L.C., a Delaware corporation limited liability company Its: Investment Manager By: /s/ -------------------------- Its: -------------------------- FLYNN LAND COMPANYAuthorized Representative MX XXXXXX CENTER III, INC.LLC, a Califoxxxx corporation Delaware limited liability company By: RREEF AMERICA L.L.C., a Delaware limited liability company Its: Investment Manager By: /s/ -------------------------- Its: -------------------------- LIST OF EXHIBITS AND SCHEDULES EXHIBITS Authorized Representative Buyer: HXXXX-SUMISEI US CORE OFFICE PROPERTIES LP, a Delaware limited partnership By: Hxxxx-Sumisei U.S. Core Office Trust, its general partner By: /s/ Name: Its: Authorized Representative Exhibit A Real Property Description Exhibit B List of Tenant Leases Exhibit C Bill Deed Exhibit D Bxxx of Sale Exhibit D Asxxxxment E Assignment of Leases, Service Contracts Contracts, Warranties and Warranties Other Intangible Property Exhibit E F Estoppel Certificate Exhibit F Tangible Personal Property F-1 Health Net Estoppel Certificate Exhibit F-2 Seller Estoppel Form Exhibit G List of Service Contracts Exhibit H List of Construction Contracts Management Office Space Schedule 1 Disclosure Items EXHIBIT A REAL PROPERTY DESCRIPTION EXHIBIT B LIST Schedule 2 Additional Due Diligence Materials THIS FIRST AMENDMENT TO AGREEMENT OF TENANT LEASES B-1 EXHIBIT C BILL OF PURCHASE AND SALE ---------------------------------------- This Bill of Sale (the "Bill of Sale"this “Amendment”) xx xade is made and entered xxxo ____________into as of September 15, 20002006, by and between OAIC Bush StreetMX XXXXXX CENTER, LLC, a Delaware limitxx xiability limited liability company ("Assignor"), and_____________, a _______________ ("Assignee"). In consideration of the sum of Ten Dollars ($10) and other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor does hereby assign, transfer, convey and deliver to Assignee, its successors and assigns, free and clear of any liens or encumbrances created by, through or under Assignor, all items of tangible personal property, if any, owned by Assignor and situated upon and used exclusively in connection with the land described on the attached EXHIBIT A (the "Land"), the improvements located thereon (the "Improvements"“Warner”), and described on the attached EXHIBIT BMX XXXXXX CENTER III, but specifically excluding any such personal property in LLC, a Delaware limited liability company (“Warner III”) (Warner and Warner III shall be collectively referred to herein as “Seller's management office and any and all personal property owned by tenants or otherwise considered the property of tenants under any leases affecting the Land or Improvements (the "Tangible Personal Property") and any intangible personal property owned by Assignor and used in the ownership, use or operation of the Land, Improvements or the Tangible Personal Property, including Assignor's rights, if any, to all building or trade names, including the right to use the name "225 Bush Street," provided however, Sexxxx makes no representation or warranty that Seller has any rights with respect to ownership or use of such trade names (the "Intangible Personal Property," together with the Tangible Personal Property, the "Personal Property"). This Bill of Sale is made subject, suboxxxxate and inferior to the easements, covenants and other matters and exceptions set forth on EXHIBIT C, attached hereto and made a part hereof for all purposes. ASSIGNEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN AGREEMENT OF PURCHASE AND SALE DATED _______________, 2000, BY AND BETWEEN ASSIGNOR AND ASSIGNEE (THE "AGREEMENT"”), ASSIGNOR HAS NOT MADEand HXXXX-SUMISEI US CORE OFFICE PROPERTIES LP, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO a Delaware limited partnership (A) THE NATURE, QUALITY OR CONDITIONS OF THE PERSONAL PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY, (C) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH ASSIGNEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PERSONAL PROPERTY, ASSIGNEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PERSONAL PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNOR, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT ASSIGNOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PERSONAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS," EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. The obligations of Assignor are subject to the limitations of liability set forth in Section 9.11 of the Agreement“Buyer”).

Survival of Article IX. The provisions of this Article IX shall survive the Closing. The parties hereto have executed this Agreement as of the respective dates written date set forth next to each party's signature below, and effective as of the Effective Date as defined in the first paragraph of this Agreement. Date of Execution: SELLER: OAIC Bush Street4/13 , 2016 CRP LINCOLN, L.L.C., a Delaware limited liability company By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: Vice President Date of Execution: BUYER: 4/12 , 2016 KBS CAPITAL ADVISORS LLC, a Delaware limited liability company By: /s/ GREG BRESKIN -------------------------- Xxxxx Xxxxxxxx Name: Greg Breskin Xxxxx Xxxxxxxx Its: --------------------------- BUYER: GEM INVESTORS, Inc., a Delaware corporation By: /s/ -------------------------- Its: -------------------------- FLYNN LAND COMPANY, INC., a Califoxxxx corporation By: /s/ -------------------------- Its: -------------------------- LIST OF EXHIBITS AND SCHEDULES EXHIBITS EVP Exhibit A Real Property Description Exhibit B List of Tenant Leases Exhibit C Bill Deed Exhibit D Xxxx of Sale Exhibit D Asxxxxment E Assignment of Leases, Service Contracts Contracts, Warranties and Warranties Exhibit E Estoppel Certificate Other Intangible Property Exhibit F Tangible Personal Property Tenant Estoppel Exhibit G List of Service Contracts Exhibit H List Xxxxxxx Money Escrow Agreement Exhibit I Form of Construction Contracts Schedule 1 Disclosure Items EXHIBIT Title Affidavit Exhibit J Buyer's 3-14 Audit Documents Real property in the City of Xxxxxxxx, County of Santa Xxxxx, State of California, described as follows: PARCEL A REAL PROPERTY DESCRIPTION EXHIBIT AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA XXXXX, STATE OF CALIFORNIA ON MAY 23, 1985 IN BOOK 543 OF MAPS, PAGE 38, RECORD OF SANTA XXXXX COUNTY. APN: 412-10-046-00 Commonly known as: 0000 Xxxxx Xxxxxx Xxxxxx, Campbell, CA 1. Office Lease dated as of December 1, 2014, by and among CRP Lincoln, L.L.C. (as Landlord) and Embertec USA LLC (as Tenant); Exhibit B LIST OF TENANT LEASES B-1 EXHIBIT C BILL OF SALE ---------------------------------------- This Bill - Verification Letter dated ____ 2014. 2. Office Lease dated August 6, 2008 by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC) and Xxxxxx Xxxx, an individual dba Xxxx Financial Advisory, Inc. (as Tenant); First Amendment to Lease Agreement dated as of Sale October 10, 2008 by and between Landlord and Tenant; Second Amendment to Lease Agreement dated as of July 11, 2013 by and between Landlord and Tenant. 3. Office Lease dated as of June 26, 2012 by and among CRP Lincoln, L.L.C. (the "Bill as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC) and IC Manage, Inc. (as Tenant); First Amendment to Lease Agreement dated as of Sale"August 15, 2012. 4. Standard Form Office Lease dated February 18, 2014 by and among CRP Lincoln, L.L.C. (as Landlord successors in interest to Bascom I, LLC and Bascom Sub, LLC) xx xade and entered xxxo Embedded Resource Group, Inc. (as Tenant); First Amendment to Lease - Exhibit D dated May 5, 2014. 5. Office Lease dated January 2, 2003, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC and successors in interest to Lincoln Bascom Office Center and Patrician Associates, Inc.), and King Wealth Planning, Inc. (as Tenant); First Amendment to Lease Agreement dated as of October 16, 2009; Second Amendment to Lease Agreement dated September 20, 2012 ; Third Amendment to Lease Agreement dated February 4, 2013; Fourth Amendment to Lease Agreement dated July 12, 2013. 6. Standard Office Lease dated November 21, 2014 by and among CRP Lincoln, L.L.C. (as Landlord) and Terapede System, Inc. (as Tenant); Exhibit B Verification Letter dated ____________. 7. Senate, 2000California Legislature Lease by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC) and Senate Rules Committee, California Legislature (as Tenant); First Amendment to Senate, California Legislature Lease dated as of February 19, 2013. 8. Standard Office Lease dated May 22, 2014 by and among CRP Lincoln, L.L.C. (as Landlord) and Condeco Software, Inc. (as Tenant); Verification Letter dated September 24, 2014; First Amendment to Lease Agreement dated January 26, 2015. 9. Standard Form Office Lease dated November 28, 2012, by and between OAIC Bush Streetamong CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC, a Delaware limitxx xiability company ("Assignor"), and_____________and Perisho Tombor Xxxxxxx Filler & Xxxxx PC (as Tenant). 10. Standard Office Lease dated March 16, a _____2015, by and among CRP Lincoln, L.L.C. (as Landlord) and Bluestack Systems, Inc. (as Tenant). 11. Lease Agreement dated September 22, 2010, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and Xxxxxx X. Xxxxxx, an Individual dba Xxxxxx & Associates (as Tenant); First Amendment to Lease Agreement dated December 22, 2010; Second Amendment dated April 29, 2010. 12. Office Lease dated December 16, 2011, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and GCA Equity Partners, LLC (as Tenant); First Amendment to Office Lease by and between Landlord and Tenant; Guaranty of Lease dated __________ ("Assignee"). In consideration by Xxxxx Xxxxxx in favor of the sum Landlord; Guaranty of Ten Dollars ($10) and other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor does hereby assign, transfer, convey and deliver to Assignee, its successors and assigns, free and clear of any liens or encumbrances created by, through or under Assignor, all items of tangible personal property, if any, owned by Assignor and situated upon and used exclusively in connection with the land described on the attached EXHIBIT A (the "Land"), the improvements located thereon (the "Improvements"), and described on the attached EXHIBIT B, but specifically excluding any such personal property in Seller's management office and any and all personal property owned by tenants or otherwise considered the property of tenants under any leases affecting the Land or Improvements (the "Tangible Personal Property") and any intangible personal property owned by Assignor and used in the ownership, use or operation of the Land, Improvements or the Tangible Personal Property, including Assignor's rights, if any, to all building or trade names, including the right to use the name "225 Bush Street," provided however, Sexxxx makes no representation or warranty that Seller has any rights with respect to ownership or use of such trade names (the "Intangible Personal Property," together with the Tangible Personal Property, the "Personal Property"). This Bill of Sale is made subject, suboxxxxate and inferior to the easements, covenants and other matters and exceptions set forth on EXHIBIT C, attached hereto and made a part hereof for all purposes. ASSIGNEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN AGREEMENT OF PURCHASE AND SALE DATED Lease dated ________________ by Xxxxxx Xxxxxxxxxxx in favor of Landlord. 13. Standard Office Lease dated December 18, 20002014, BY AND BETWEEN ASSIGNOR AND ASSIGNEE by and among CRP Lincoln, L.L.C. (THE "AGREEMENT"as Landlord) and Rocket Software, Inc. (as Tenant); Exhibit B - Verification Letter dated April 1, 2015. 14. Office Lease dated October 4, 2013 by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), ASSIGNOR HAS NOT MADEand Broker Solutions, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONSInc. (as Tenant). 15. Office Lease dated March 22, WARRANTIES2016, PROMISESby and among CRP Lincoln, COVENANTSL.L.C. (as Landlord) and American Financial Network, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVERInc. (as Tenant). 16. Office Lease dated March 28, WHETHER EXPRESS OR IMPLIED2013, ORAL OR WRITTENby and among CRP Lincoln, PASTL.L.C. (as Landlord successor in interest to Bascom I, PRESENT OR FUTURELLC and Bascom Sub, OFLLC), AS TOand Firetide, CONCERNING OR WITH RESPECT TO Inc. (A) THE NATUREas Tenant); First Amendment to Lease Agreement dated August 5, QUALITY OR CONDITIONS OF THE PERSONAL PROPERTY2013; Consent to Assignment dated July 31, 2014 by and between Landlord and Tenant, whose shares were acquired by UNICOM Systems, Inc. 17. Office Lease dated August 5, 2008 by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and Xxxx Xxxxxxxx, LLP (as Tenant); First Amendment to Lease dated June 17, 2015. 18. Standard Form Office Lease dated as of September 24, 2002 by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC and successors in interest to Lincoln Bascom Office Center and Patrician Associates, Inc.), and EnergySolutions LLC, (Bas successor in interest to BNG Fuel Solutions Corporation (formerly known as BNFL Fuel Solutions Corporation)) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY(as Tenant); First Amendment to Lease Agreement dated September 25, 2002; Second Amendment to Lease Agreement dated February 21, 2003; Third Amendment to Lease Agreement dated August 5, 2005; Fourth Amendment to Lease Agreement dated September 25, 2007, Fifth Amendment to Lease Agreement dated November 14, 2007; Sixth Amendment to Lease Agreement dated December 1, 2011; Seventh Amendment to Lease Agreement dated February 15, 2012; Eighth Amendment to Lease Agreement dated December 16, 2015. 19. Office Lease dated March 14, 2007, by and among CRP Lincoln, L.L.C. (Cas Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and R. Xxxx & Company Communications, Inc. (as Tenant); First Amendment to Lease Agreement dated as of June 13, 2007; Second Amendment to Lease Agreement dated March 7, 2012. 20. Standard Office Lease dated December 9, 2015 by and among CRP Lincoln, L.L.C. (as Landlord) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH ASSIGNEE MAY CONDUCT THEREONand Verge Technologies, Inc. (Das Tenant). 21. Office Lease dated November 11, 2011, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and Xxxxxxxx Financial Advisors, Inc. (as Tenant); First Amendment to Lease Agreement dated December 16, 2011; Second Amendment to lease dated January 13, 2016. 22. Office Lease dated July 27, 2004, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC and successors in interest to Lincoln Bascom Office Center and 2105 South Xxxxxx, LLC), and Mahmoud Sanatkhani, an Individual, and Xxxxxxx Sobhanipour, an Individual, together dba MS Engineering (together as Tenant); First Amendment to Lease Agreement dated November 12, 2004; Second Amendment to Lease Agreement dated August 24, 2006; Third Amendment to Lease Agreement dated July 31, 2009; Fourth Amendment to Lease Agreement dated July 1, 2011; Fifth Amendment to Lease Agreement dated August 8, 2013. 23. Office Lease dated as of April 8, 2011, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and OBIHAI Technology, Inc. (as Tenant); First Amendment to Office Lease dated as of April 1, 2013. 24. Office Lease dated as of July 11, 2013, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and Xxxxx Xxxxxxxx, an individual, Xxxxx Xxxxx, an individual and Xxxxxx Xxxxx, an individual, collectively, dba Ameriprise Private Wealth Advisory Practice (collectively as Tenant); First Amendment of Office Lease dated as of September 10, 2013. 25. Office Lease dated as of April 10, 2003, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and The Lincoln National Life Insurance Company (as Tenant); First Amendment to Lease Agreement dated as of March 8, 2007; Second Amendment to Lease Agreement dated as of June 1, 2007; Third Amendment to Lease Agreement dated as of March 1, 2012. 26. GSA Form Lease by and among CRP Lincoln, L.L.C. (as Landlord) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PERSONAL PROPERTY, ASSIGNEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PERSONAL PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNOR, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT ASSIGNOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PERSONAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS," EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. and The obligations United States of Assignor are subject to the limitations of liability set forth in Section 9.11 America acting as designated representatives of the AgreementGeneral Services Administration (GSA) (as Tenant); Lease Amendment No. 1 dated March 10, 2015; Lease Amendment No. 2 dated April 22, 2015. 27. Office Lease dated June 11, 2013 by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC) and WG Security Products, Inc. (as Tenant); First Amendment to Lease Agreement dated August 2, 2013. 28. Office Lease dated May 25, 2010, by and among CRP Lincoln, L.L.C. (as Landlord successor in interest to Bascom I, LLC and Bascom Sub, LLC), and Lighthouse Information Systems (as Tenant); First Amendment to Lease dated August 3, 2010; Second Amendment to Lease Agreement dated March 14, 2011.

Survival of Article IX. The provisions of this Article IX shall survive the Closing. The parties hereto have executed this Agreement as of the respective dates written belowdate set forth in the first paragraph of this Agreement. SELLERSeller: OAIC Bush StreetPRAIRIE TOWNE LLC, an Illinois limited liability company By: Allied District Properties, LP its sole member By: Allied District Properties Corp., Its general partner By: /s/ Cxxxx Xxxxx Name: Cxxxx Xxxxx Its: Vice President Buyer: AMERICAN REALTY CAPITAL IV, LLC, a Delaware limited liability company By: /s/ GREG BRESKIN -------------------------- Exxxxx X. Xxxx, Xx. Name: Greg Breskin ItsExxxxx X. Xxxx, Xx. Title: --------------------------- BUYERPresident The undersigned Title Company hereby (a) accepts the foregoing Agreement and agrees to act as the Title Company under this Agreement in strict accordance with its terms, and (b) acknowledges receipt of the Exxxxxx Money and one (1) executed counterpart of this Agreement from Seller and Buyer. Title Company: GEM INVESTORS, Inc., a Delaware corporation BENCHMARK TITLE SERVICES By: /s/ -------------------------- ItsBxxxx Xxxxxx Name: -------------------------- FLYNN LAND COMPANY, INC., a Califoxxxx corporation ByBxxxx Xxxxxx Title: /s/ -------------------------- Its: -------------------------- LIST OF EXHIBITS AND SCHEDULES EXHIBITS Attorney/Closer Exhibit A Real Property Description Exhibit B List of Tenant Leases Rent Roll Exhibit C Bill Deed Exhibit D Bxxx of Sale Exhibit D Asxxxxment E Assignment of Leases, Service Contracts Contracts, Warranties and Warranties Other Intangible Property Exhibit E F Estoppel Certificate Exhibit F Tangible Personal Property Exhibit G List of Service Contracts Exhibit H List Form of Construction Contracts Audit Letter Schedule 1 Disclosure Items EXHIBIT A REAL PROPERTY DESCRIPTION EXHIBIT Items A-1 Exhibit B LIST OF TENANT LEASES B-1 EXHIBIT Rent Roll Exhibit C BILL OF SALE ---------------------------------------- This Bill of Sale (the "Bill of Sale") xx xade and entered xxxo ____________, 2000, by and between OAIC Bush Street, LLC, a Delaware limitxx xiability company ("Assignor"), and_____________, a _______________ ("Assignee"). In consideration of the sum of Ten Dollars ($10) and other good and valuable consideration paid by Assignee to Assignor, the receipt and sufficiency of which are hereby acknowledged by Assignor, Assignor does hereby assign, transfer, convey and deliver to Assignee, its successors and assigns, free and clear of any liens or encumbrances created by, through or under Assignor, all items of tangible personal property, if any, owned by Assignor and situated upon and used exclusively in connection with the land described on the attached EXHIBIT A (the "Land"), the improvements located thereon (the "Improvements"), and described on the attached EXHIBIT B, but specifically excluding any such personal property in Seller's management office and any and all personal property owned by tenants or otherwise considered the property of tenants under any leases affecting the Land or Improvements (the "Tangible Personal Property") and any intangible personal property owned by Assignor and used in the ownership, use or operation of the Land, Improvements or the Tangible Personal Property, including Assignor's rights, if any, to all building or trade names, including the right to use the name "225 Bush Street," provided however, Sexxxx makes no representation or warranty that Seller has any rights with respect to ownership or use of such trade names (the "Intangible Personal Property," together with the Tangible Personal Property, the "Personal Property"). This Bill of Sale is made subject, suboxxxxate and inferior to the easements, covenants and other matters and exceptions set forth on EXHIBIT C, attached hereto and made a part hereof for all purposes. ASSIGNEE ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN AGREEMENT OF PURCHASE AND SALE DATED _______________, 2000, BY AND BETWEEN ASSIGNOR AND ASSIGNEE (THE "AGREEMENT"), ASSIGNOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS Deed WHEN RECORDED RETURN TO, CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR CONDITIONS OF THE PERSONAL PROPERTY, (B) THE INCOME TO BE DERIVED FROM THE PERSONAL PROPERTY, (C) THE SUITABILITY OF THE PERSONAL PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH ASSIGNEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PERSONAL PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PERSONAL PROPERTY, OR (F) ANY OTHER MATTER WITH RESPECT TO THE PERSONAL PROPERTY. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT, HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PERSONAL PROPERTY, ASSIGNEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PERSONAL PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY ASSIGNOR, EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PERSONAL PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT ASSIGNOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION. ASSIGNEE FURTHER ACKNOWLEDGES AND AGREES THAT THE SALE OF THE PERSONAL PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS, WHERE IS" CONDITION AND BASIS "WITH ALL FAULTS," EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT. The obligations of Assignor are subject to the limitations of liability set forth in Section 9.11 of the Agreement.: