WACHOVIA BANK, NATIONAL ASSOCIATION c/o Wachovia Bank, National Association, Commercial Real Estate Services 8739 Research Drive URP 4, NC 1075 Charlotte, North Carolina 28262 September 28, 2007
WACHOVIA BANK, NATIONAL ASSOCIATION
c/o Wachovia Bank, National Association,
Commercial Real Estate Services
0000 Xxxxxxxx Xxxxx XXX 0, XX 0000
Xxxxxxxxx, Xxxxx Xxxxxxxx 00000
c/o Wachovia Bank, National Association,
Commercial Real Estate Services
0000 Xxxxxxxx Xxxxx XXX 0, XX 0000
Xxxxxxxxx, Xxxxx Xxxxxxxx 00000
September 28, 2007
XXXX XXXXXX CENTRE LLC AND
XXXX 6400 XXXXXX LLC
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
XXXX 6400 XXXXXX LLC
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
Re: | $42,500,000 loan from Wachovia Bank, National Association (“Lender”) to XXXX Xxxxxx Centre LLC (“Xxxxxx Borrower”) and XXXX 6400 Xxxxxx LLC (“Xxxxxx Borrower”) (“Loan”) |
Ladies and Gentlemen:
Reference is hereby made to that certain Promissory Note dated June 15, 2007 in favor of
Lender in the original principal amount of $42,500,000 (the “Note”) secured by that certain Deed of
Trust, Security Agreement, Assignment of Rents and Fixture Filing dated June 15, 2007 by and among
Xxxxxx, Xxxxxx Xxxxxxxx and Xxxxxxx X. Xxxxxx, as the Trustee for the benefit of Lender, as amended
and modified by that certain Modification Agreement dated as of June 15, 2007 (collectively, the
“Deed of Trust”), and that certain Mortgage, Security Agreement, Assignment of Rents and Fixture
Filing dated June 15, 2007 by and between Lender and Xxxxxx Xxxxxxxx, as amended and modified by
that certain Modification Agreement dated as of June 15, 2007 (collectively, the “Mortgage”).
Xxxxxx Xxxxxxxx, Xxxxxx Xxxxxxxx and Xxxxxx hereby acknowledge and agree that the definition
of “Xxxxx Xxxxxx” in the Note executed at the closing of the Loan was, by mutual mistake due to a
scrivener’s error, incorrectly defined as “one hundred seventy (170) basis points per annum” and
should have been defined as “two hundred fifty (250) basis points per annum”. Xxxxxx Borrower,
Xxxxxx Borrower and Xxxxxx corrected this mistake by inserting a corrected slip page into the Note.
Attached hereto as Exhibit A is a true, accurate and complete copy of the Note with the
corrected definition of Xxxxx Xxxxxx.
Please acknowledge your agreement to the foregoing by executing a copy of this Letter
Agreement and delivering an original to Lender at the addresses noted above. This Letter Agreement
may be executed in any number of counterparts which, when taken together shall constitute one and
the same instrument.
WACHOVIA BANK, NATIONAL ASSOCIATION |
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By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Managing Director | |||
(signatures continue on following page)
ACKNOWLEDGED AND AGREED this 28th
day of September, 2007
day of September, 2007
XXXX XXXXXX CENTRE LLC, a
Delaware limited liability company
Delaware limited liability company
By:
|
/s/ Xxxxxxx X. Xxxxxx | |||
Name:
|
Xxxxxxx X. Xxxxxx | |||
Title:
|
Executive Vice President |
XXXX Xxxxxx Centre LLC
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
ACKNOWLEDGED AND AGREED this 28th
day of September, 2007
day of September, 2007
XXXX 6400 XXXXXX LLC, a
Delaware limited liability company
Delaware limited liability company
By:
|
/s/ Xxxxxxx X. Xxxxxx | |||
Name:
|
Xxxxxxx X. Xxxxxx | |||
Title:
|
Executive Vice President |
XXXX 6400 Xxxxxx LLC
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
c/x Xxxxx & Xxxxx Realty Advisors
000 Xxxx Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000