AmREIT Monthly Income & Growth Fund III LTD Sample Contracts

PROMISSORY NOTE (Fixed — Yield Maintenance/Hyperamortization)
Promissory Note • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD

FOR VALUE RECEIVED AMREIT LAKE HOUSTON, LP, a Texas limited partnership, as maker, having its principal place of business at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Borrower”), hereby unconditionally promises to pay to the order of MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, as payee, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of FIFTEEN MILLION SIX HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($15,675,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (defined below) in accordance with the terms of this Note.

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WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL PASS-THROUGH CERTIFICATES, SERIES 2005-LDP2 LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT Date: as of September 30, 2005
Loan Assumption and Substitution Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

THIS LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT (this “Agreement”) is made and entered into as of September 30, 2005, by and among AMREIT WESTSIDE PLAZA, IP, a Texas limited partnership, having an address of 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Assuming Borrower”) AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership (“MIG III”), and AMREIT, a Texas real estate investment trust (“AmREIT”), each having an address of 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (MIG III and AmREIT, individually and collectively, if more than one, “Assuming Indemnitor”), SHAFER PLAZA I, LTD., a Texas limited partnership having an address at 3001 Knox Street, Suite 207, Dallas, Texas 75205 (“Original Borrower”), and STEVEN G. SHAFER, having an address at 3907 Gillion, Dallas, Texas (“Original Indemnitor”) in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL PASS-THROUGH

FIXED RATE NOTE (B LOAN)
Loan Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD

FOR VALUE RECEIVED, SHAFER PLAZA I, LTD., a Texas limited partnership (hereinafter referred to as “Borrower”), having its principal place of business at 3001 Knox Street, Suite 207, Dallas, Texas 75205, unconditionally promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America having an office at 270 Park Avenue, New York, New York 10017, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of SIX HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($640,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Rate (hereinafter

TERM LOAN AGREEMENT by and between AmREIT LANTERN LANE, LP, a Texas limited partnership, as Borrower and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Lender Property: Lantern Lane Shopping Center 12500 Memorial Drive, Houston, TX...
Term Loan Agreement • October 12th, 2011 • AmREIT Monthly Income & Growth Fund III LTD • Real estate investment trusts • Texas

THIS TERM LOAN AGREEMENT is made and entered into effective as of the 7th day of October, 2011, by and between AmREIT LANTERN LANE, LP, a Texas limited partnership (“Borrower”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”).

MARKET AT LAKE HOUSTON SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 22 day of November 2005, by and between AmREIT Lake Houston, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

OMNIBUS AMENDMENT TO LOAN DOCUMENTS
Omnibus Amendment to Loan Documents • August 13th, 2014 • AmREIT Monthly Income & Growth Fund III LTD • Real estate investment trusts

THIS OMNIBUS AMENDMENT TO LOAN DOCUMENTS (this “Modification Agreement”) is made as of the 6th day of June, 2014 (the “Amendment Date”) and effective as of June 1, 2014 (the “Effective Date”), by and among U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-LDP2 (“A Note Holder”) and U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF MEZZ CAP 2005-C3, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-C3 (“B Note Holder”; together with A Note Holder and each of their respective successors and assigns, collectively, “Lender”), and AMREIT WESTSIDE PLAZA, LP, a Texas limited partnership (“Borrower”), AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership (“Guarantor”).

Real Estate Sales Contract
Real Estate Sales Contract • March 31st, 2011 • AmREIT Monthly Income & Growth Fund III LTD • Real estate investment trusts • Texas

This Real Estate Sales Contract (“Contract”) is between Seller and Buyer as identified below and is effective as of January 14, 2011 (“Effective Date”). Buyer must deliver the Earnest Money to Title Company and obtain Title Company’s manual signature before the Earnest Money Deadline provided in Section A.1. for this Contract to be effective. If the Earnest Money is paid by check and payment on presentation is refused, Buyer is in default.

WESTSIDE PLAZA SHOPPING CENTER SECOND AMENDED AND RESTATED MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 28 day of December 2005, by and between AmREIT Westside Plaza, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

LANTERN LANE SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 28th day of September 2006, by and between AmREIT Lantern Lane, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

COMMERCIAL PROPERTY MANAGEMENT AND LEASING AGREEMENT
Commercial Property Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas
OLMOS CREEK SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 26 day of January, 2007, by and between AmREIT Olmos Creek, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

Loan Assumption Agreement
Loan Assumption Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD

This Loan Assumption Agreement (this “Agreement”) is made and entered into as of December 7, 2006 (the “Effective Date”) by and between Berkeley Center, Ltd., a Texas limited partnership (“Prior Owner”); William L. Hutchinson, an individual resident of Texas (“Prior Guarantor”); AmREIT SSPF Berkeley, LP, a Delaware limited partnership (“Borrower”); AmREIT Monthly Income & Growth Fund III, Ltd., a Texas limited partnership (“New Guarantor”); and LaSalle Bank National Association as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-CIBC12 (“Lender”).

AGREEMENT OF LIMITED PARTNERSHIP AMREIT MONTHLY INCOME & GROWTH FUND III, LTD. A Texas Limited Partnership
Limited Partnership Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • Texas

AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership, (the “Partnership”) is hereby formed as a limited partnership under the laws of the state of Texas pursuant to this Agreement of Limited Partnership entered into by and between, AmREIT Monthly Income & Growth III Corporation, a Texas corporation, as the General Partner (the “General Partner”) and AmREIT, the Initial Limited Partner. The Certificate of Limited Partnership of the Partnership shall be promptly recorded with the Secretary of State for the State of Texas as required by the Texas Revised Limited Partnership Act.

PROMISSORY NOTE (Fixed — Defeasance or Yield Maintenance)
Promissory Note • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD

FOR VALUE RECEIVED, AMREIT CASA LINDA, LP, a Texas limited partnership, as maker, having its principal place of business at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Borrower”), hereby unconditionally promises to pay to the order of MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, as payee, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of Thirty-Seven Million Nine Hundred Fifty Thousand and No/100 Dollars ($37,950,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (defined below) in accordance with the terms of this Note.

MANAGEMENT AND LEASING AGREEMENT 1
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • New York

MANAGEMENT AND LEASING AGREEMENT (this “Agreement”) dated as of December 7, 2006 by and between AMREIT SSPF BERKELEY, L.P, a Delaware limited partnership, having an office c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167 (“Owner”), and AMREIT REALTY INVESTMENT CORPORATION, a Texas corporation having an office at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Manager”).

Loan Assumption Agreement
Loan Assumption Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD

THIS Loan Assumption Agreement (this “Agreement”) is made and entered into as of December 7 , 2006 (the “Effective Date”) by and between PTC Dunhill Holdings, Ltd., a Texas limited partnership (“Prior Owner”); William L. Hutchinson, an individual resident of Texas (“Prior Guarantor”); AmREIT SSPF Preston Towne Crossing, LP, a Delaware limited partnership (“Borrower”); AmREIT Monthly Income & Growth Fund III, Ltd., a Texas limited partnership (“New Guarantor”); and LaSalle Bank National Association as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-CIBC12 (“Lender”).

SETTLEMENT AGREEMENT
Settlement Agreement • February 10th, 2012 • AmREIT Monthly Income & Growth Fund III LTD • Real estate investment trusts • Texas

This instrument was acknowledged before me on February ___, 2012, by _________________________, ____________________ of AmREIT Olmos Creek GP, Inc., a Texas corporation, the general partner of AmREIT Olmos Creek, LP, a Texas limited partnership, on behalf of said corporation and limited partnership.

Management and Leasing Agreement dated as of December 7, 2006 between AMREIT SSPF PRESTON TOWNE CROSSING, LP, Owner and AMREIT REALTY INVESTMENT CORPORATION, Manager
Management and Leasing Agreement • April 30th, 2007 • AmREIT Monthly Income & Growth Fund III LTD • New York

MANAGEMENT AND LEASING AGREEMENT (this “Agreement”) dated as of December 7, 2006 by and between AMREIT SSPF PRESTON TOWNE CROSSING, LP, a Delaware limited partnership, having an office c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167 (“Owner”), and AMREIT REALTY INVESTMENT CORPORATION, a Texas corporation having an office at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Manager”).

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