MULTIFAMILY OPEN-END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (CONNECTICUT — REVISION DATE 05-11-2004) FHLMC Deal No. 100101 FHLMC Loan No. 534384390 THIS INSTRUMENT IS NOT TO BE USED FOR AN OWNER-OCCUPIED PROPERTY CONTAINING FEWER THAN...And Security Agreement • March 31st, 2010 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
THIS MULTIFAMILY OPEN-END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made as of March 26, 2010, between Behringer Harvard Orange, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as mortgagor (“Borrower”), and NorthMarq Capital, LLC, a limited liability company organized and existing under the laws of Minnesota, whose address is 3500 American Boulevard West, Suite 500, Bloomington, Minnesota 55431, as mortgagee (“Lender”). Borrower’s organizational identification number, if applicable, is 4744403.
CREDIT AGREEMENT DATED AS OF JANUARY 14, 2015 BY AND AMONG MONOGRAM RESIDENTIAL OP LP, AS THE BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS AGREEMENT,...Credit Agreement • March 26th, 2015 • Monogram Residential Trust, Inc. • Real estate investment trusts
All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent.
BEHRINGER HARVARD MULTIFAMILY REIT I, INC. FIFTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENTAdvisory Management Agreement • November 7th, 2013 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This FIFTH AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”), is made and entered as of the 31st day of July, 2013 (the “Effective Date”), by and between BEHRINGER HARVARD MULTIFAMILY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD MULTIFAMILY ADVISORS I, LLC, a Texas limited liability company (the “Advisor”).
BEHRINGER HARVARD MULTIFAMILY REIT I, INC. UP TO 250,000,000 SHARES OF COMMON STOCK SELECTED DEALER AGREEMENTSelected Dealer Agreement • May 18th, 2010 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
Behringer Harvard Multifamily REIT I, Inc., a Maryland corporation (the “Company”), Behringer Securities LP, a Texas limited partnership (the “Dealer Manager”), Behringer Harvard Multifamily Advisors I, LLC, a Texas limited liability company (the “Advisor”), and Behringer Harvard Holdings, LLC, a Delaware limited liability company (the “Sponsor”) hereby confirms its agreement with Ameriprise Financial Services, Inc., a Delaware corporation (“Ameriprise Financial”), as follows:
EMPLOYMENT AGREEMENTEmployment Agreement • November 7th, 2013 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This Employment Agreement (“Agreement”) is made as of the 1st day of August, 2013 (the “Commencement Date”), between Behringer Harvard Multifamily REIT I, Inc., a Maryland corporation (the “Company”) and Behringer Harvard Multifamily Operating Partnership I LP (the “Operating Partnership”), a Delaware limited partnership, and Howard Garfield (the “Executive”).
SEVERANCE AGREEMENTSeverance Agreement • November 5th, 2015 • Monogram Residential Trust, Inc. • Real estate investment trusts • Texas
This Severance Agreement (“Agreement”) is made as of August 21, 2015 and the Agreement will go into effect on October 26, 2015 (the “Commencement Date”), between Monogram Residential Trust, Inc., a Maryland corporation (the “Company”) and Monogram Residential OP LP (the “Operating Partnership”), a Delaware limited partnership (collectively, the “Employers”), and Daniel Swanstrom, II (the “Executive”).
MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (CALIFORNIA)Security Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (the “Instrument”) is dated as of the 28th day of October, 2009, by BEHRINGER HARVARD NOHO, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as trustor (“Borrower”), to Chicago Title Company, whose address is 700 S. Flower Street, Suite 800, Los Angeles, CA 90017, as trustee (“Trustee”), for the benefit of Red Mortgage Capital, Inc., a corporation organized and existing under the laws of Ohio, whose address is Two Miranova Place, 12th Floor, Columbus, Ohio 43215, as beneficiary (“Lender”).
CREDIT AGREEMENT DATED AS OF MARCH 30, 2017 by and among MONOGRAM RESIDENTIAL FACILITY I, LLC, AS THE BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS...Credit Agreement • April 4th, 2017 • Monogram Residential Trust, Inc. • Real estate investment trusts
THIS CREDIT AGREEMENT (this “Agreement”) is made as of March 30, 2017, by and among MONOGRAM RESIDENTIAL FACILITY I, LLC, a Delaware limited liability company (the “Borrower”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto as “Lenders” pursuant to §18, KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”), JPMORGAN CHASE BANK, N.A., and COMPASS BANK, as Co-Syndication Agents, REGIONS BANK, as Documentation Agent, and KEYBANC CAPITAL MARKETS, INC. (“KCM”), JPMORGAN CHASE BANK, N.A. (“JPMS”) and COMPASS BANK (“Compass”), as Co-Lead Arrangers and Book Runners.
BEHRINGER HARVARD MULTIFAMILY REIT I, INC. AMENDED AND RESTATED PROPERTY MANAGEMENT AGREEMENTManagement Agreement • November 14th, 2008 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
THIS AMENDED AND RESTATED PROPERTY MANAGEMENT AGREEMENT (this “Agreement”) is made as of (although not necessarily on) the 2nd day of September, 2008, between BEHRINGER HARVARD MULTIFAMILY REIT I, INC. (the “Company”), a Maryland corporation, BEHRINGER HARVARD MULTIFAMILY OP I LP (the “OP”), a Delaware limited partnership and BEHRINGER HARVARD MULTIFAMILY MANAGEMENT SERVICES, LLC, a Texas limited liability company (“Manager”).
BEHRINGER HARVARD MULTIFAMILY REIT I, INC. Up to $2,475,000,000 in Shares of Common Stock FORM OF DEALER MANAGER AGREEMENTSelected Investment Advisor Agreement • August 26th, 2008 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
November 6, 2012Behringer Harvard Multifamily Reit I Inc • November 9th, 2012 • Real estate investment trusts • Texas
Reference is made to that certain Fourth Amended and Restated Advisory Management Agreement, dated June 14, 2010 and effective as of July 1, 2010, as amended by letter agreements dated November 11, 2010, March 22, 2011, May 12, 2011, August 11, 2011, November 10, 2011, March 19, 2012, May 8, 2012, and August 7, 2012 (the “Advisory Agreement”), by and between Behringer Harvard Multifamily REIT I, Inc., a Maryland corporation (the “Company”), and Behringer Harvard Multifamily Advisors I, LLC, a Texas limited liability company (the “Advisor”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Advisory Agreement.
BEHRINGER HARVARD HOLDINGS SERVICE MARK LICENSE AGREEMENTBehringer Harvard Holdings Service Mark License Agreement • November 14th, 2008 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
THIS SERVICE MARK LICENSE AGREEMENT (this “Agreement”) is made and entered into this 2nd day of September, 2008, (the “Effective Date”), by and between BEHRINGER HARVARD HOLDINGS, LLC, a Delaware limited liability company (the “Licensor”), and BEHRINGER HARVARD MULTIFAMILY REIT I, INC., a Maryland corporation (the “Licensee”).
AGREEMENT OF SALE AND PURCHASE AND JOINT ESCROW INSTRUCTIONSAgreement of Sale and Purchase • December 8th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • California
THIS AGREEMENT OF SALE AND PURCHASE AND JOINT ESCROW INSTRUCTIONS (this “Agreement”), dated as of November 25, 2009 (the “Agreement Date”), is between CALYPSO LOFTS, LLC, a California limited liability company (“Seller”), and BEHRINGER HARVARD MULTIFAMILY OP I LP, a Delaware limited partnership (“Buyer”).
LIMITED LIABILITY COMPANY AGREEMENT OF BEHRINGER HARVARD BAILEYS VENTURE, LLC (a Delaware Limited Liability Company) Dated as of June 26, 2007Limited Liability Company Agreement • December 8th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT of BEHRINGER HARVARD BAILEYS VENTURE, LLC is made and entered into as of June 21, 2007, by and between Behringer Harvard Baileys, LLC (“BH REIT”), a limited liability company that is an indirect wholly owned subsidiary of Behringer Harvard Multifamily REIT I, Inc., with its principal office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, and BEHRINGER HARVARD MASTER PARTNERSHIP I LP (“BH MP”), a Delaware limited partnership with its principal office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001.
March 19, 2012Behringer Harvard Multifamily Reit I Inc • March 29th, 2012 • Real estate investment trusts • Texas
Reference is made to that certain Fourth Amended and Restated Advisory Management Agreement, dated June 14, 2010, as amended by letter agreements dated November 11, 2010, March 22, 2011, May 12, 2011, August 11, 2011, and November 10, 2011 (the “Advisory Agreement”), by and between Behringer Harvard Multifamily REIT I, Inc., a Maryland corporation (the “Company”), and Behringer Harvard Multifamily Advisors I, LLC, a Texas limited liability company (the “Advisor”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Advisory Agreement.
MEZZANINE GUARANTYMezzanine Guaranty • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This Mezzanine Guaranty (“Guaranty”) is entered into as of December 31, 2008, by CFP Residential, L.P., a Texas limited partnership, Kenneth J. Valach, an individual, Bruce Hart, an individual, and J. Ronald Terwilliger, an individual (collectively, the “Guarantor”) for the benefit of Behringer Harvard St. Rose REIT, LLC, a Delaware limited liability company, and/or any subsequent holder of the Note (the “Lender”).
CONTRACT FOR PURCHASE AND SALE Tupelo Alley Portland, OregonContract for Purchase and Sale • July 19th, 2010 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Oregon
This CONTRACT FOR PURCHASE AND SALE (this “Contract”) is made and entered as of May 19, 2010 (the “Effective Date”) by and between MISSISSIPPI AVE APARTMENTS LLC, a Delaware limited liability company (“Seller”), and BEHRINGER HARVARD MULTIFAMILY OP I LP, a Delaware limited partnership (“Buyer”).
BURNHAM POINTE APARTMENTS 720-30 S. CLARK STREET, CHICAGO, ILLINOIS REAL ESTATE SALE AGREEMENTReal Estate Sale Agreement • July 19th, 2010 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Illinois
The amount of Two Million and No/100ths Dollars ($2,000,000.00) (together with any additional earnest money deposit hereafter made by Purchaser, the “Escrow Deposit”) is deposited with the Houston Chicago office of Chicago Title Insurance Company in escrow by Behringer Harvard Multifamily OP I LP, a Delaware limited partnership, the “Purchaser” under that certain Real Estate Sale Agreement (the “Agreement”), dated , 2010, with Stark Burnham Pointe LLC, a Wisconsin limited liability company, as the “Seller”.
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
REVIVOR AND FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE AND JOINT ESCROW INSTRUCTIONSAgreement of Sale and Purchase and Joint Escrow Instructions • August 14th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
THIS REVIVOR AND FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE AND JOINT ESCROW INSTRUCTIONS (this “First Amendment”) is made effective the 2nd day of July, 2009, by and between BEHRINGER HARVARD MULTIFAMILY OP I LP, a Delaware limited partnership (“Buyer”), and WATERFORD PLACE APARTMENTS, LLC, a California limited liability company (“Seller”).
SALE, PURCHASE AND ESCROW AGREEMENT BETWEEN SAF BURROUGHS MILLS LLC (Seller) AND BEHRINGER HARVARD MULTIFAMILY OP I LP (Purchaser) AND PARTNERS TITLE COMPANY (Escrow Agent)Sale, Purchase and Escrow Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
This Agreement, dated as of August 7, 2009 (the “Effective Date”), is made by and between SAF Burroughs Mills LLC, a Delaware limited liability company (“Seller”), and Behringer Harvard Multifamily OP I LP, a Delaware limited partnership (“Purchaser”) and constitutes (i) a contract of sale and purchase between the parties and (ii) an escrow agreement among Seller, Purchaser and Partners Title Company (“Escrow Agent”), the consent of which appears at the end hereof.
FIRST IMPLEMENTATION AGREEMENT TO OWNER PARTICIPATION AGREEMENT by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES and SL NO HO, LLC November, 2002 North Hollywood Redevelopment ProjectFirst Implementation Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
This FIRST IMPLEMENTATION AGREEMENT TO OWNER PARTICIPATION AGREEMENT (this “Agreement”), by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, a public body, corporate and politic (the “Agency”;), and SL NO HO, LLC, a California limited liability company (the “Developer”) is entered into as of the date of execution of this Agreement by the Agency. The Agency and the Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF MONOGRAM RESIDENTIAL MASTER PARTNERSHIP I LPMonogram Residential Trust, Inc. • May 9th, 2017 • Real estate investment trusts
THIS AMENDMENT NO. 2 TO FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Amendment”) of Monogram Residential Master Partnership I LP, a Delaware limited partnership (the “Partnership”), is entered into as of March 30, 2017 (the “Effective Date”), by and among REIT MP GP, LLC, a Delaware limited liability company, as the general partner (the “Monogram General Partner”), and Stichting Depositary PGGM Private Real Estate Fund (the “Title Holder”), a Dutch foundation (stichting), acting in its capacity as title holder of and for the account and risk of PGGM Private Real Estate Fund (the “Fund” and together with the Title Holder, “PGGM PRE Fund”), a Dutch fund for the joint account of the participants (fonds voor gemene rekening), as the sole limited partner.
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTYCovenant Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
AGREEMENT OF SALEAgreement of Sale • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
MEMBERSHIP INTEREST PURCHASE AND SALE AGREEMENT (BH INTERESTS) FROM BEHRINGER HARVARD MULTIFAMILY OP I LP TO MILKY WAY PARTNERS, L.P.Limited Liability Company Agreement • March 29th, 2012 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of BEHRINGER HARVARD WATERFORD PLACE VENTURE, LLC is made and entered into as of [ ], 2011 by and between Behringer Harvard Waterford Place, LLC (“BH Waterford”), a Delaware limited liability company that is an indirect wholly owned subsidiary of Behringer Harvard Multifamily REIT I, Inc. (“BH Multifamily REIT”), a Maryland corporation, with its principal office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, Milky Way Partners, L.P. (“MWP”), a Delaware limited partnership with its principal office at 191 North Wacker Drive, Suite 2500, Chicago, Illinois 60606, and Behringer Harvard Master Partnership I LP (“BH MP”), a Delaware limited partnership with its principal office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001.
SEPARATION AND CONSULTING AGREEMENTSeparation and Consulting Agreement • February 28th, 2017 • Monogram Residential Trust, Inc. • Real estate investment trusts • Texas
This Separation and Consulting Agreement (the “Agreement”) is entered into by and among Monogram Residential Trust, Inc. (the “Company”), Monogram Residential OP LP (the “Operating Partnership”) (collectively, the “Employers”) and Daniel J. Rosenberg (“Mr. Rosenberg”).
THIRD IMPLEMENTATION AGREEMENT TO OWNER PARTICIPATION AGREEMENT by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES and SL NO HO, LLC North Hollywood Redevelopment ProjectThird Implementation Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
This THIRD IMPLEMENTATION AGREEMENT TO OWNER PARTICIPATION AGREEMENT (this “Third Implementation Agreement”) is entered into as of October 1, 2004 by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, a public body, corporate and politic (the “Agency”), and SL NO HO, LLC, a California limited liability company (the “Developer”). The Agency and the Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
RESTRICTED STOCK UNIT AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE BEHRINGER HARVARD MULTIFAMILY REIT I, INC. AMENDED AND RESTATED 2006 INCENTIVE AWARD PLANRestricted Stock Unit Award Agreement • December 19th, 2013 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
Pursuant to the Behringer Harvard Multifamily REIT I, Inc. Amended and Restated 2006 Incentive Award Plan (the “Plan”), Behringer Harvard Multifamily REIT I, Inc. (the “Company”) hereby grants an award of the number of Restricted Stock Units listed above (an “Award”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock (the “Stock”) of the Company.
FIRST AMENDMENT TO MEMBERSHIP INTERESTS PURCHASE AGREEMENTMembership Interests Purchase Agreement • October 27th, 2010 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
This FIRST AMENDMENT TO MEMBERSHIP INTERESTS PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of September 22, 2010 (the “Amendment Date”), by and among Lakeshore Aqua Rental LLC, an Illinois limited liability company (“Seller 1”) and Magellan Aqua LLC, an Illinois limited liability company (“Seller 2” and together with Seller 1, collectively, “Seller”), and Behringer Harvard Multifamily OP I LP, a Delaware limited partnership (“Purchaser”).
RESTRICTED STOCK UNIT AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE MONOGRAM RESIDENTIAL TRUST, INC. SECOND AMENDED AND RESTATED INCENTIVE AWARD PLANRestricted Stock Unit Award Agreement • March 26th, 2015 • Monogram Residential Trust, Inc. • Real estate investment trusts
Pursuant to the Monogram Residential Trust, Inc. Second Amended and Restated Incentive Award Plan (the “Plan”), Monogram Residential Trust, Inc. (the “Company”) hereby grants an award of the number of Restricted Stock Units listed above (an “Award”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock (the “Stock”) of the Company.
RESTRICTED STOCK UNIT AWARD AGREEMENT FOR NON-EMPLOYEE DIRECTORS UNDER THE MONOGRAM RESIDENTIAL TRUST, INC. SECOND AMENDED AND RESTATED INCENTIVE AWARD PLANRestricted Stock Unit Award Agreement • February 28th, 2017 • Monogram Residential Trust, Inc. • Real estate investment trusts
Pursuant to the Monogram Residential Trust, Inc. Second Amended and Restated Incentive Award Plan (the “Plan”), Monogram Residential Trust, Inc. (the “Company”) hereby grants an award of the number of Restricted Stock Units listed above (an “Award”) to the Grantee named above. Each Restricted Stock Unit shall relate to one share of Common Stock (the “Stock”) of the Company.
OWNER PARTICIPATION AGREEMENT by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES “Agency” and SL NO HO, LLC “Developer” December, 2001 North Hollywood Redevelopment ProjectOwner Participation Agreement • November 13th, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • California
This OWNER PARTICIPATION AGREEMENT (this “Agreement”) is entered into as of December, 2001, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, a public body, corporate and politic (the “Agency”), and SL NO HO, LLC, a California Limited liability company (the “Developer”). The Agency and the Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties,”
November 11, 2010Behringer Harvard Multifamily Reit I Inc • November 15th, 2010 • Real estate investment trusts • Texas
Reference is made to that certain Fourth Amended and Restated Advisory Management Agreement, dated June 14, 2010 (the “Advisory Agreement”), by and between Behringer Harvard Multifamily REIT I, Inc., a Maryland corporation (the “Company”), and Behringer Harvard Multifamily Advisors I, LLC, a Texas limited liability company (the “Advisor”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Advisory Agreement.
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEMonogram Residential Trust, Inc. • March 26th, 2015 • Real estate investment trusts • New York
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned MONOGRAM RESIDENTIAL TRUST, INC., a Maryland corporation (“REIT”), MONOGRAM RESIDENTIAL, INC., a Delaware corporation (“General Partner”), MR BUSINESS TRUST, a Maryland business trust (“Limited Partner”), MONOGRAM RESIDENTIAL ADDISON CIRCLE, LLC, a Delaware limited liability corporation (“Addison”), MONOGRAM RESIDENTIAL PEMBROKE, LLC, a Delaware limited liability company (“Pembroke”), the other “Subsidiary Guarantors” (as defined in the Credit Agreement) that are a party hereto and the Additional Guarantors which may hereafter become a party hereto, if any (hereinafter referred to individually as a “Subsidiary Guarantor” and collectively, as “Subsidiary Guarantors”; REIT, General Partner, Limited Partner, Addison, Pembroke and the Subsidiary Guarantors are sometimes hereinafter referred to individually as a “Guarantor” and collectively as
