ADVISORY AGREEMENT between KBS REAL ESTATE INVESTMENT TRUST, INC. and KBS CAPITAL ADVISORS LLC November 8, 2015Advisory Agreement • March 16th, 2016 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
This Advisory Agreement, dated as of November 8, 2015 (the “Agreement”), is between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”).
KBS REAL ESTATE INVESTMENT TRUST, INC. UP TO 280,000,000 SHARES OF COMMON STOCK SELECTED DEALER AGREEMENT April 16, 2007Selected Dealer Agreement • July 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
Each of KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), KBS Capital Markets Group LLC, a California limited liability company (the “Dealer Manager”), KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), and KBS Holdings LLC, a Delaware limited liability company (the “Sponsor”), hereby confirms its agreement with Ameriprise Financial Services, Inc., a Delaware corporation (“Ameriprise”), as follows:
KBS REAL ESTATE INVESTMENT TRUST, INC. Up to 280,000,000 Shares of Common Stock DEALER MANAGER AGREEMENT January 27, 2006Dealer Manager Agreement • May 4th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Maryland
KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”) has registered for public sale 280,000,000 shares of its common stock, $.01 par value per share (the “Shares”), of which 80,000,000 Shares are intended to be offered pursuant to the Company’s dividend reinvestment plan (the “DRP”). The Company desires for KBS Capital Markets Group LLC (the “Dealer Manager”) to act as its agent in connection with the offer and sale of the Shares to the public (the “Offering”).
LOAN AGREEMENT (Non-Revolving) BETWEEN KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company, AS BORROWER, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS LENDER Dated as of November 15, 2007 Loan No. 105237Loan Agreement • January 3rd, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT is dated as of November 15, 2007 (as amended, supplemented or modified from time to time, the “Agreement”) and is between KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).
LOAN AND SECURITY AGREEMENT (Mezzanine Loan)Loan and Security Agreement • January 3rd, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Nevada
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made as of the 1st day of August, 2007, between VRP SUMMERHILL VILLAS HOLDINGS, LLC, a Delaware limited liability company (“Summerhill Borrower”) and VRP BAYSHORE CLUB HOLDINGS, LLC, a Delaware limited liability company (“Bayshore Borrower”; and, together with Summerhill Borrower, individually and collectively, “Borrower”) , each having an address c/o Artisan Real Estate Ventures, 423 West 55th Street, 10th Floor, New York, New York 10019 (collectively, jointly and severally, “Borrower”) and WACHOVIA BANK, NATIONAL ASSOCIATION, having an address at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (“Lender”).
GOLDMAN SACHS MORTGAGE COMPANY NEW YORK, NEW YORK 10282-2198 April 27, 2011Extension Agreement • August 12th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
We refer to the Extension Agreement, dated March 9, 2011, as amended by Amendment No. 1 thereto, dated March 13, 2011, as further amended by Amendment No. 2 thereto, dated April 22, 2011, as further amended by Amendment No. 3 thereto, dated April 25, 2011, as further amended by Amendment No. 4 thereto, dated April 26, 2011 (as amended prior to the date hereof, the “Extension Agreement”), each by and between KBS GKK Participation Holdings I, LLC (the “Seller”) and Goldman Sachs Mortgage Company (the “Buyer”) relating to the Master Repurchase Agreement, dated as of August 22, 2008 (as amended and modified by the Extension Agreement, the “Repurchase Agreement”), by and between Seller and Buyer. Capitalized terms not defined herein shall have the meanings set forth in the Repurchase Agreement and if not defined therein shall have the meanings set forth in the Intercreditor Agreement, dated as of August 22, 2008 (the “Intercreditor Agreement”), by and among Citigroup Financial Products Inc.
LOAN AGREEMENT Dated as of November 14, 2006 Between KBS SOUTHPARK COMMERCE CENTER II, LLC as Borrower And GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as LenderLoan Agreement • January 4th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT dated as of November 14, 2006 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) is made between KBS SOUTHPARK COMMERCE CENTER II, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Borrower”), and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns, “Lender”).
LOAN AGREEMENT Dated as of December 11, 2006 Between KBS MIDLAND INDUSTRIAL PARK, LLC as Borrower And GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as LenderLoan Agreement • January 4th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT dated as of December 11, 2006 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) is made between KBS MIDLAND INDUSTRIAL PARK, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Borrower”), and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns, “Lender”).
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSBY AND BETWEENKBS CLAYTON PLAZA, LLC(“Seller”)ANDFRANKLIN PARTNERS, LLC(“Buyer”)Purchase and Sale Agreement • November 14th, 2017 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Missouri
The undersigned (“Tenant”) hereby certifies to _______________________________________, a ________________________________ (“Landlord”), and ________________________, a _____________________________, and its successors and assigns (collectively, “Buyer”), and to Buyer’s lender, its successors and assigns (collectively, “Lender”) as of the date of this estoppel certificate (“Estoppel Certificate”):
AMENDED AND RESTATED LOAN AGREEMENT Dated as of March 28, 2008 Between NATIONAL INDUSTRIAL PORTFOLIO BORROWER, LLC, as Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP., as LenderLoan Agreement • April 3rd, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS AMENDED AND RESTATED LOAN AGREEMENT, dated as of March 28, 2008 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having its place of business at 388 Greenwich Street, 11th Floor, New York, NY 10013, (“Lender”) and NATIONAL INDUSTRIAL PORTFOLIO BORROWER, LLC, a Delaware limited liability company, having its principal place of business at c/o Hackman Capital Partners, LLC, 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025 (“Borrower”).
LEASELease • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS LEASE AGREEMENT (this “Lease”) is made and entered into as of September 22, 2004, by and between FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (hereinafter called “Tenant”). Terms with initial capital letters used in this Lease shall have the meanings assigned for such terms in Section 1.1(b).
AMENDED AND RESTATED MASTER LEASE AGREEMENT BETWEENMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • North Carolina
THIS AMENDED AND RESTATED MASTER LEASE AGREEMENT (this “Lease”) is made and entered into this [June 28,] 2005, effective as of January 1, 2005, by and between FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”), with the limited joinder of FIRST STATES GROUP, L.P., a Delaware limited partnership (“FSG”). Terms with initial capital letters used in this Lease shall have the meanings assigned for such terms in Section 1.1(b).
CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Illinois
THIS CONTRACT OF SALE (this “Agreement”) is made and entered into as of the 27th day of August, 2007, by and among WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company (“Phase I”), and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (“Phase II”, together with Phase I, “Seller”), each having an address c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167, and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company, having an address at 205 West Wacker, Suite 1000, Chicago, Illinois 60606 (“Purchaser”).
MEZZANINE LOAN AGREEMENT Dated as of November 14, 2006 Between KBS REIT ACQUISITION IV, LLC as Borrower And GREENWICH CAPITAL FINANCIAL PRODUCTS, INC. as LenderMezzanine Loan Agreement • January 4th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS MEZZANINE LOAN AGREEMENT dated as of November 14, 2006 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) is made between KBS REIT ACQUISITION IV, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Borrower”), and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns, “Lender”).
INTERCREDITOR AGREEMENT by and between WACHOVIA BANK, NATIONAL ASSOCIATION as Senior Lender and WACHOVIA BANK, NATIONAL ASSOCIATION, as Mezzanine Lender Dated as of August 1, 2007Intercreditor Agreement • January 3rd, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 1, 2007 by and between WACHOVIA BANK, NATIONAL ASSOCIATION, having an address at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (“Senior Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, having an address at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (“Mezzanine Lender”).
THIS MORTGAGE SECURES A NOTE WHICH PROVIDES FOR A VARIABLE INTEREST RATE MORTGAGE WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGMortgage • January 3rd, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Indiana
THE PARTIES TO THIS MORTGAGE WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Mortgage”), made as of November 15, 2007, are KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Mortgagor”), for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Mortgagee”).
AMENDMENT NO. 3 TO THE ADVISORY AGREEMENTAdvisory Agreement • June 24th, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 3 to the Advisory Agreement dated as of November 8, 2007 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of May 9, 2008 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
AMENDMENT NO. 6 TO ADVISORY AGREEMENTAdvisory Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 6 to the Advisory Agreement dated as of November 8, 2006 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of October 26, 2007 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
MASTER AGREEMENT REGARDING LEASESMaster Agreement Regarding Leases • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS MASTER AGREEMENT REGARDING LEASES (this “Master Agreement”) is made and entered into as of September 22, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (herein called “Wachovia N.A.”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (herein called “Master Landlord Named Herein”).
PARENT GUARANTY AND INDEMNITYParent Guaranty and Indemnity • November 14th, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This PARENT GUARANTY AND INDEMNITY, dated as of August 22, 2008 (this “Guaranty”), is made and entered into by KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation that has elected to be taxed as a real estate investment trust (“Guarantor”), whose address is c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660 for the benefit of CITIGROUP FINANCIAL PRODUCTS INC., a Delaware corporation (“Buyer”), whose address is 388 Greenwich Street, New York, New York 10013.
AMENDMENT NO. 1 TO THE ADVISORY AGREEMENTAdvisory Agreement • March 23rd, 2010 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 1 to the Advisory Agreement dated as of November 8, 2009 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of November 13, 2009 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
MEZZANINE LOAN AGREEMENTMezzanine Loan Agreement • March 29th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This MEZZANINE LOAN AGREEMENT (this “Agreement”), dated as of January 29, 2007, is between KBS REIT ACQUISITION IX, LLC, a Delaware limited liability company (“Borrower”), with a mailing address at 620 Newport Center Drive, Suite 1300, Newport Beach, California 92663, and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), with a mailing address at 2030 Main Street, Suite 800, Irvine, California 92614.
REPAYMENT GUARANTYRepayment Guaranty • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS REPAYMENT GUARANTY (this "Guaranty") is made as of December 13, 2013, by KBS REIT PROPERTIES, LLC, a Delaware limited liability company (individually and collectively referred to herein as "Guarantor") in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent for the "Lenders" pursuant to the Loan Agreement described below (in such capacity, "Agent") and in favor of each party that now or hereafter is bound under the Loan Agreement as a "Lender" (referred to herein individually as a "Lender" and collectively as the "Lenders").
DEED TO SECURE DEBT, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTSDeed to Secure Debt, Security Agreement and Assignment of Leases and Rents • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
THIS DEED TO SECURE DEBT, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS (this “Deed to Secure Debt”) is given as of August 1, 2007, by KBS ROYAL RIDGE, LLC, a Delaware limited liability company (“Grantor”), in favor of, and for the use and benefit of AIG ANNUITY INSURANCE COMPANY, a Texas corporation, whose legal address is c/o AIG Global Investment Corp., 1 SunAmerica Center, 38th Floor, Century City, Los Angeles, California 90067-6022 (“Grantee”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • August 12th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 1 (this “Amendment”), dated as of May 10, 2011, to the Amended and Restated Master Repurchase Agreement, dated as of April 28, 2011 (the “Repurchase Agreement”), by and between KBS GKK Participation Holdings I, LLC (“Seller”) and Goldman Sachs Mortgage Company (“Buyer”).
AMENDED AND RESTATED SENIOR MEZZANINE LOAN AGREEMENT Originally Closed on April 1, 2008 Amendment Effective as of August 22, 2008 between THE BORROWERS NAMED HEREIN collectively, as Borrower and THE LENDERS NAMED HEREIN collectively, as LenderSenior Mezzanine Loan Agreement • November 14th, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This Amended and Restated Senior Mezzanine Loan Agreement (this “Agreement”) is effective as of August 22, 2008 (“Effective Date”) and is between GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership (“GSMC”), as successor in interest to Goldman Sachs Commercial Mortgage Capital, L.P. (“GSCMC”), and CITICORP NORTH AMERICA, INC., a New York corporation (“Citigroup” and, together with GSMC and their respective successors and assigns, including any lawful holder of any portion of the Indebtedness (as hereinafter defined) collectively, “Lender”), as lender, and each REQUIRED EQUITY PLEDGOR (as hereinafter defined), AMERICAN FINANCIAL REALTY TRUST, a Maryland real estate investment trust (“AFRT”), GKK STARS ACQUISITION LLC, a Delaware limited liability company (“AFRT Owner”), FIRST STATES GROUP, L.P., a Delaware limited partnership (“Operating Partnership”), FIRST STATES GROUP, LLC, a Delaware limited liability company (“Operating Partnership GP” and together with Operating Partner
FOURTH OMNIBUS AMENDMENT TOPurchase and Sale Agreements • March 13th, 2013 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
This Fourth Omnibus Amendment to Purchase and Sale Agreements (this “Amendment”) is entered into on January 17, 2013 by and between FIRST STATES INVESTORS 3300 B, L.P., a Delaware limited partnership, having an address c/o GKK Realty Advisors, LLC, 420 Lexington Avenue, 19th Floor, New York, NY 10170 (“Seller”), and NATIONAL FINANCIAL REALTY - WFB EAST COAST, LLC, a Delaware limited liability company, having an address c/o National Financial Realty, Inc., 21250 Hawthorne Boulevard, Suite 700, Torrance, CA 90503 (“Purchaser”).
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO CONTRACT OF SALE (this “Amendment”) dated September 24, 2007, is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”), and WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company, and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (collectively, “Seller”), with reference to the following recitals:
MASTER REPURCHASE AGREEMENT Dated as of April 28, 2011 KBS GKK PARTICIPATION HOLDINGS II, LLC, as Seller andMaster Repurchase Agreement • August 12th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT dated as of April 28, 2011 (the “Agreement”), between KBS GKK PARTICIPATION HOLDINGS II, LLC, a Delaware limited liability company (“Seller”) and CITIGROUP FINANCIAL PRODUCTS INC., a Delaware corporation (“Buyer”).
AMENDED AND RESTATED PROMISSORY NOTE BPromissory Note • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Amended and Restated Promissory Note amends and restates, in part, and is one of two notes into which that certain Whole Note is split and severed as more specifically set forth in Article V below.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • July 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Assignment and Assumption of Purchase Agreement (“Assignment”) is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Assignor”) and KBS INDUSTRIAL PORTFOLIO (MI), LLC (“Assignee”), as of June 29, 2007 (“Effective Date”).
INTERCREDITOR AGREEMENT by and among GOLDMAN SACHS MORTGAGE COMPANY CITICORP NORTH AMERICA, INC. and SLG STARS MORTGAGE LOAN LLC collectively, as Senior Lender GOLDMAN SACHS MORTGAGE COMPANY and CITICORP NORTH AMERICA, INC. collectively, as Senior...Intercreditor Agreement • November 14th, 2008 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS INTERCREDITOR AGREEMENT (this “Agreement”), dated as of August 22, 2008 by and among GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership (“GSMC”), CITICORP NORTH AMERICA, INC., a New York corporation (“Citigroup”), and SLG STARS MORTGAGE LOAN LLC (successor-in-interest to SL Greene Realty Corp.), a Delaware limited liability company (“SL Green Senior”), collectively as senior lender (in such capacity, “Senior Lender”), GSMC and Citigroup collectively as senior mezzanine lender (in such capacity, “Senior Mezzanine Lender”) and GSMC, Citigroup and SLG STARS MEZZ LOAN LLC (successor-in-interest to SL Greene Realty Corp.), a Delaware limited liability company (“SL Green Junior”), collectively as junior mezzanine lender (in such capacity, “Junior Mezzanine Lender”). The Senior Mezzanine Lender and Junior Mezzanine Lender are each a “Mezzanine Lender” and, collectively, “Mezzanine Lenders”.
DEED OF TRUST and ABSOLUTE ASSIGNMENT OF RENTS AND LEASES and SECURITY AGREEMENT (AND FIXTURE FILING)Deed of Trust • March 29th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
The parties to this DEED OF TRUST AND ABSOLUTE ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (AND FIXTURE FILING) (“Deed of Trust”), dated as of January 29, 2007, are KBS 625 SECOND STREET, LLC, a Delaware limited liability company (“Trustor”), with a mailing address at 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, AMERICAN SECURITIES COMPANY, a California corporation (“Trustee”), with a mailing address at 1320 Willow Pass Road, Suite 205, Concord, California 94520, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation (“MERS” or “Beneficiary”), with a mailing address at MERS Commercial, P.O. Box 2300, Flint, Michigan 48501-2300.
AMENDMENT NO. 2 TO AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • November 14th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 2 (this “Amendment”), dated as of September 1, 2011, to the Amended and Restated Master Repurchase Agreement, dated as of April 28, 2011 as amended by the Amendment No. 1 dated as of May 10, 2011 (as further amended, restated or otherwise modified from time to time, the “Repurchase Agreement”), by and between KBS GKK Participation Holdings II, LLC (“Seller”) and Citigroup Financial Products Inc. (“Buyer”).
AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITYParent Guaranty and Indemnity • August 12th, 2011 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED PARENT GUARANTY AND INDEMNITY, dated as of April 28, 2011 (this “Guaranty”), is made and entered into by KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation that has elected to be taxed as a real estate investment trust (“Parent Guarantor”), whose address is c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660 for the benefit of CITIGROUP FINANCIAL PRODUCTS INC., a Delaware corporation (“Buyer”), whose address is 388 Greenwich Street, New York, New York 10013.
