AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT

Exhibit 10.4

EXECUTION COPY

AMENDMENT NO. 1 TO

PURCHASE AND SALE AGREEMENT

THIS AMENDMENT NO. 1 TO PURCHASE AND SALE AGREEMENT (“Amendment”) is made as of the 20th day of December, 2007, between The Lexington Master Limited Partnership, a Delaware limited partnership (“LMLP”), and Net Lease Strategic Assets Fund L.P., a Delaware limited partnership (the “Partnership”).

RECITALS

A.            LMLP and the Partnership have previously entered into a certain Purchase and Sale Agreement, dated as of August 10, 2007 (the “Agreement”), having as the subject matter the sale of property or properties and direct or indirect interests in owners of property or properties as set forth on Schedule 1 of the Agreement.

B.            Except as expressly provided herein, all capitalized terms shall have the same meanings as set forth in the Agreement.

B.            LMLP and the Partnership desire to modify and amend the Agreement pursuant to Section 6.3 of the Agreement.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained in the Agreement and this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1.1 Section 1. From and after January 1, 2008, the definition of “Tenant Estoppels” set forth in Section 1 of the Agreement is hereby deleted in its entirety and replaced with the following:

“Tenant Estoppels”  means estoppel certificates dated within 30 days of a Closing with respect to the Property to which it relates from tenants of a Property or Properties, substantially in the form of Exhibit B attached hereto or in such other form as may be attached to the applicable Lease.

1.2 Section 2.  Section 2 of the Agreement is hereby amended by adding Section 2.17 as follows:

2.17  With respect to the Tenant Estoppels identified on Schedule 2.17 attached hereto that were executed before the date hereof (the “Existing Tenant Estoppels”): (i) all payments of rent required to be paid by the Tenant under each Lease as of December 1, 2007 has been paid, (ii) as of December 14, 2007, the information contained in each of the Existing Tenant Estoppels is true, correct and complete in all material respects and (iii) to LMLP’s knowledge, at the date hereof the information contained in each of the Existing Tenant Estoppels is true, correct and complete in all material respects.  Notwithstanding anything herein or in the Partnership Agreement to the contrary, this Section 2.17 shall become null and void with respect to a Lease and a Tenant Estoppel when a Tenant Estoppel dated after the date hereof covering the applicable items in (i), (ii) and (iii) of the

immediately preceding sentence is delivered by LMLP to the Partnership and Inland; provided, however, that this Section 2.17 will only become null and void with respect to a Lease if each such Tenant Estoppel dated after the date hereof is in the same form and substance and containing substantially the same information (or contains changes having no more than a de minimis effect) as its corresponding Existing Tenant Estoppel except to the extent that any such changes have been disclosed to Inland and the Partnership in writing prior to the date hereof.

1.3 Schedule 1.  Schedule 1 is hereby amended by deleting it in its entirety and replacing it with Schedule 1 hereto.

1.4 Schedule 2.  Schedule 2 is hereby amended by deleting it in its entirety and replacing it with Schedule 2 hereto.

1.5 Schedule 2.5.  Schedule 2.5 is hereby amended by deleting it in its entirety and replacing it with Schedule 2.5 hereto.

1.6 Schedule 2.8.  Schedule 2.8 is hereby amended by deleting it in its entirety and replacing it with Schedule 2.8 hereto.

1.7 Schedule 4.2.  Schedule 4.2 is hereby amended by deleting it in its entirety and replacing it with Schedule 4.2 hereto.

1.8 No Further Amendment.  Except as expressly provided for in this Amendment, the Agreement is in full force and effect and in accordance with its terms and is not further amended.

1.9 Counterparts.  This Amendment may be executed in multiple counterparts and by facsimile signatures, each of which shall be deemed to be an original, but all of which together, when fully executed shall constitute the same Amendment.

2

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed on their behalf as of the date first above written.

THE LEXINGTON MASTER LIMITED
PARTNERSHIP, a Delaware limited Partnership

By: Lex GP-1 Trust, a Delaware statutory trust, its
general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

NET LEASE STRATEGIC ASSETS FUND L.P., a
Delaware limited partnership

By:          LMLP GP, a Delaware limited

partnership, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

The undersigned LMLP Sale Affiliates, severally and solely with respect to the Sold Asset or Sold Assets set forth opposite their respective name on Schedule 1 hereto, agree to sell such Sold Asset or Sold Asset subject to and in accordance with the terms and conditions of the Agreement and this Amendment:

LSAC Operating Partnership L.P.

By: LSAC General Partner LLC

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Contributions, Inc.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington TIC OK Holdings L.P.

By: Lexington TIC OK LLC, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Texan Xxxxxxxxxxx Limited Partnership

By: Lexington BHI Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Texan Training Limited Partnership

By: Lexington BHI Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Texan Petrolite Limited Partnership

By: Lexington BHI Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Triple Net Investment Company LLC

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Net 3 Acquisition L.P.

By: Lex GP-1 Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lepercq Corporate Income Fund L.P.

By: Lex GP-1 Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Elizabethtown 750 Corp.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Elizabethtown 730 Corp.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Dry Ridge Corp.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Hopkinsville Corp.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Owensboro Corp.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Acquiport Company II, LLC

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Union Hills Associates

By: Union Hills Associates II, its managing general partner

By: Lexington Realty Trust, its managing general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Foxboro I LLC

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Westport View Corporate Center L.P.

By: Lexington Westport LLC, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Realty Trust

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Realty Advisors, Inc.

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

LXP I, L.P.

By: LXP I Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

North Tampa Associates

By: Lexington Realty Trust, its managing general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lexington Texas Holdings L.P.

By; Lexington Texas Holdings Manager LLC, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

Lepercq Corporate Income Fund II L.P.

By: Lex GP-1 Trust, its general partner

By:     /s/ Xxxxxxx X. Xxxxxxxx                                                   

Name: Xxxxxxx X. Xxxxxxxx                                                       

Title:  Executive Vice President                                                

SCHEDULE 1

Property
Type	Primary Tenant	Address	Net Prorations and Adjustments (See Attached)	Purchase Price	Loans	Sold Assets	Owner	GP/Manager Entity	LMLP Sale Affiliate
Fee interest	American Golf Corporation	00000 X. Xxxxx Xxxxxx, Xxxxxxxx Xxxx, Xxxxxxxx			--	100% membership interest in LSAC Oklahoma City Manager LLC and 100 limited partnership interest in LSAC Oklahoma L.P.	LSAC Oklahoma City L.P.	LSAC Oklahoma Manager LLC	LSAC Operating Partnership L.P.
Leasehold interest	ASML Lithography Holding NV	0000 Xxxxx Xxxxx Xxxxxxx, Xxxxx, Xxxxxxx			$13,415,219.10	100% membership interest in Lexington Tempe Manager LLC and 100% limited partnership interest in Lexington Tempe L.P.	Lexington Tempe L.P.	Lexington Tempe Manager LLC	Lexington Contributions, Inc.
40% tenancy- in-common interest	AT&T Wireless Services, Inc.	0000 Xxxxx Xxxxxxx Xxxxxxx, Xxxxxxxx City, Oklahoma			$14,748,872.00	100% membership interest in Lexington Oklahoma City Manager LLC	Lexington Oklahoma City L.P.	Lexington Oklahoma City Manager LLC	Lexington TIC OK Holdings L.P.

						and 100% limited partnership interest in Lexington Oklahoma City L.P.
Fee interest	Xxxxx Xxxxxx, Inc.	0000 Xxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxx			$23,650,170.60	100% membership interest in NLSAF BHI GP LLC (after conversion of Lexington BHI Trust) and 99.5% limited partnership interest in Texan Xxxxxxxxxxx Limited Partnership	Texan Xxxxxxxxxxx Limited Partnership	LLC (after conversion of Lexington BHI Trust)	Lexington Realty Trust
Fee interest	Xxxxx Xxxxxx, Inc.	0000 Xxxx Xxxxxx Xxxxx, Xxxxxxx, Xxxxx			$7,217,561.16	100% membership interest in NLSAF BHI GP LLC (after conversion of Lexington BHI Trust) and 99.5% limited partnership interest in Texan Training Limited Partnership	Texan Training Limited Partnership	LLC (after conversion of Lexington BHI Trust)	Lexington Realty Trust
Fee interest	Xxxxx Xxxxxx, Inc.	00000 Xxxx Xxxxxxx Xxxx, Xxxxxxxxx, Xxxxx			$16,371,694.47	100% membership interest in NLSAF BHI GP LLC (after conversion of	Texan Petrolite Limited Partnership	LLC (after conversion of Lexington BHI Trust)	Lexington Realty Trust

						Lexington BHI Trust) and 99.5% limited partnership interest in Texan Petrolite Limited Partnership
Fee interest	Bay Valley Foods, LLC	0000 Xxx Xxxxxx Xxx, Xxxxxxxx, Xxxxxxx			$6,609,133.18	100% membership interest in LSAC Plymouth Manager LLC and 100% limited partnership interest in LSAC Plymouth L.P.	LSAC Plymouth L.P.	LSAC Plymouth Manager LLC	LSAC Operating Partnership L.P.
Fee interest	CAE Simuflite, Inc. (CAE Inc.)	00 Xxxxx Xxxxxxxxx Xxxx, Xxxxxxx, Xxx Xxxxxx			$16,719,188.84	100% membership interest in LSAC Xxxxxx County Manager LLC and 100% limited partnership interest in LSAC Xxxxxx County L.P.	LSAC Xxxxxx County L.P.	LSAC Xxxxxx County L.P.	LSAC Operating Partnership L.P.
Fee interest	Corning, Inc.	000 Xxxxxxx Xxxx, Xxxxx, Xxx Xxxx			$9,357,883.09	100% membership interest in Lexington TNI Xxxxx Manager LLC and 100% limited partnership interest in Lexington TNI Xxxxx X.X.	Lexington TNI Xxxxx X.X.	Lexington TNI Xxxxx Manager LLC	Triple Net Investment Company LLC

Fee interest	Xxx Communications, Inc.	0000 Xxxx 00xx Xxxxxx, Xxxxxx, Xxxxxxx			$2,275,658.74	100% membership interest in Net 2 Xxx LLC	Net 2 Xxx LLC		Net 3 Acquisition  L.P.
Fee interest	Xxxx Corporation	0000 Xxx Xxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx			$17,340,367.78	100% membership interest in Lexington Kalamazoo Manager LLC and 100% limited partnership interest in Lexington Kalamazoo L.P.	Lexington Kalamazoo L.P.	Lexington Kalamazoo Manager LLC	Lepercq Corporate Income Fund L.P.
Leasehold interest	Xxxx Corporation	000 Xxxxx Xxxxx Xxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxx			$4,694,433.14	100% interest NLSAF Elizabethtown 730 Mezz LLC (after conversion of Lexington Elizabethtown 730 Corp.)	NLSAF Elizabethtown 730 LLC (after conversion of Lexington Elizabethtown 730 Corp.)		Lexington Realty Trust
Leasehold interest	Xxxx Corporation	000 Xxxxx Xxxxx Xxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxx			$24,923,414.82	100% interest NLSAF Elizabethtown 750 Mezz LLC (after conversion of Lexington Elizabethtown 750 Corp.)	NLSAF Elizabethtown 750 LLC (after conversion of Lexington Elizabethtown 750 Corp.)		Lexington Realty Trust
Leasehold interest	Xxxx Corporation	00000 Xxxxxxxx Xxxxxxxxx, Xxx Xxxxx, Xxxxxxxx			$11,805,918.47	100% interest NLSAF Dry Ridge Mezz LLC (after conversion of Lexington Dry Ridge	NLSAF Dry Ridge LLC (after conversion of Lexington Dry Ridge Corp.)		Lexington Realty Trust

						Corp.)
Fee interest	Xxxx Corporation	000 Xxxx Xxxxx Xxxxxxxxx, Xxxxxxxxxxxx, Xxxxxxxx			$14,603,212.19	100% interest NLSAF Hopkinsville Mezz LLC (after conversion of Lexington Hopkinsville Corp.)	NLSAF Hopkinsville LLC (after conversion of Lexington Hopkinsville Corp.)		Lexington Realty Trust
Leasehold interest	Xxxx Corporation	0000 Xxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx			$10,558,679.56	100% interest NLSAF Owensboro Mezz LLC (after conversion of Lexington Owensboro Corp.)	NLSAF Owensboro LLC (after conversion of Lexington Owensboro Corp.)		Lexington Realty Trust
Fee interest	Georgia Power Company	0000 Xxxxxxx Xxxxx Xxxxxxx, XxXxxxxxx, Xxxxxxx			$12,675,000.00	100% membership interest in Acquiport XxXxxxxxx Manager LLC and 99.5% limited partnership interest in Acquiport XxXxxxxxx X.X.	Acquiport XxXxxxxxx X.X.	Acquiport XxXxxxxxx Manager LLC	Lexington Acquiport Company II, LLC
Fee interest (excluding the Released Parcel)	Honeywell, Inc.	00000 X. 00xx Xxxxxx, Xxxxxxxx, Xxxxxxx			$14,149,680.39	100% interest in Lexington Manager Glendale LLC	Lexington Glendale LLC	Lexington Glendale Manager LLC	Union Hills Associates
Fee interest	(i)Structure, LLC (Infocrossing, Inc.)	00000 Xxxxxxx Xxxxx Xxxxx, Xxxxx, Xxxxxxxx			$8,850,197.37	100% membership interest in LSAC Omaha Manager	LSAC Omaha L.P.	LSAC Omaha Manager LLC	LSAC Operating Partnership L.P.

						LLC and 100% limited partnership interest in LSAC Omaha L.P.
Leasehold interest	(i)Structure, LLC (Infocrossing, Inc.)	0000 Xxxx Xxxxxxxxxx Xxxxxx, Xxxxx, Xxxxxxx			$8,358,519.58	100% membership interest in LSAC Tempe Manager LLC and 100% limited partnership interest in LSAC Tempe L.P.	LSAC Tempe L.P.	LSAC Tempe Manager LLC	LSAC Operating Partnership L.P.
Fee interest	Ivensys Systems, Inc. (Xxxxx, Inc.)	00 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxxxxx			$14,090,991.79	100% membership interest in Lexington Foxboro I LLC	Lexington Foxboro I LLC		Lepercq Corporate Income Fund L.P.
Fee interest	Xxxxxx-Xxxxxxx Clinic (St. Lukes Episcopal Health System)	00000 Xxxxxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxx			$9,788,652.45	100% membership interest in Lexington Xxxxxxxxx Manager LLC and 100% limited partnership interest in Lexington Xxxxxxxxx L.P.	Lexington Xxxxxxxxx L.P.	Lexington Xxxxxxxxx Manager LLC	Westport View Corporate Center L.P.
Fee interest (currently under contract)	Xxxxxx Loan Servicing L.P. (Credit-Based Asset Servicing and Securitization LLC)	0000 Xxxxx Xxxx Xxxxx, XxXxxxxxx, Xxxxxxx			--	100% membership interest in NLSAF XxXxxxxxx Manager LLC and 100% limited partnership	NLSAF XxXxxxxxx X.X.	NLSAF XxXxxxxxx Manager LLC	Lexington Realty Trust

						interest in NLSAF XxXxxxxxx X.X.
Fee interest	Xxxxxxxxxx County Management, LLC	00000 Xx. Xxxxx Xxx, Xxxxxxxxx, Xxxxx			$7,500,000.00	100% membership interest in LSAC Woodlands Manager LLC and 99.5% limited partnership interest in LSAC Woodlands L.P.	LSAC Woodlands L.P.	LSAC Woodlands L.P.	LSAC Operating Partnership L.P.
Fee interest	Nextel of Texas	0000 Xxxxxxxxx Xxxx, Xxxxxx, Xxxxx			$8,799,283.19	100% membership interest in Lexington Temple Manager  Trust and 99% limited partnership interest in Lexington Temple L.P.	Lexington Temple L.P.	Lexington Temple Manager Trust (which will be converted to Lexington Temple Manager, LLC thereafter)	Lexington Realty Trust
Fee interest	Nextel West Corporation	0000 Xxxxx Xxxxxxx 000 X.X., Xxxxxxxxx, Xxxxxxxxxx			$6,503,818.18	100% membership interest in Lexington Bremerton Manager LLC	Lexington Bremerton LLC	Lexington Bremerton Manager LLC	Lexington Realty Trust
Fee interest	Northrop Grumman Systems Corp.	0000 Xxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxxxxx			--	100% membership interest in LSAC Pascagoula Manager LLC and 100% limited partnership interest in LSAC	LSAC Pascagoula L.P.	LSAC Pascagoula Manager LLC	LSAC Operating Partnership L.P.

						Pascagoula L.P.
Fee interest	Omnipoint Holdings, Inc. (T-Mobile USA, Inc.)	000 Xxxxx Xxxx Xxxxx, Xxxxxxx, Xxxxx			$10,270,681.91	100% membership interest in Acquiport Oakland Manager LLC and 100% limited partnership interest in Acquiport Oakland L.P.	Acquiport Oakland L.P.	Acquiport Oakland Manager LLC	Lexington Acquiport Company II, LLC
Fee interest	Xxxxx Corning	0000 00xx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx			--	100% membership interest in Lexington Minneapolis L.L.C.	Lexington Minneapolis L.L.C.		Lepercq Corporate Income Fund L.P.
Fee interest	Parkway Chevrolet, Inc.	00000 XX 000, Xxxxxxx, Xxxxx			$9,344,673.76	100% membership interest in LSAC Tomball Manager LLC and 100% limited partnership interest in LSAC Tomball L.P.	LSAC Tomball L.P.	LSAC Tomball Manager LLC	LSAC Operating Partnership L.P.
Fee interest	Seimens Dematic Postal Automation	0000-0000 Xxxxx Xxxx Xxxxxxx, Xxxxxxxxx, Xxxxx			$21,010,306.55	100% membership interest in Lexington Arlington Manager LLC and 99.5% limited partnership interest in Lexington	Lexington Arlington L.P.	Lexington Arlington Manager LLC	Lexington Acquiport Company II, LLC

						Arlington L.P.
Fee interest	Silver Spring Gardens, Inc. (Xxxxxxxxxx Farms, Inc.)	0000 Xxxxxx Xxxx, Xxx Xxxxxx, Xxxxxxxxx			--	100% membership interest in LSAC Eau Claire Manager LLC and 100% limited partnership interest in LSAC Eau Claire L.P.	LSAC Eau Claire L.P.	LSAC Eau Claire Manager LLC	LSAC Operating Partnership L.P.
Fee interest	SKF USA Inc.	000 Xxxxxxxxxx Xxxx Xxxx, Xxxxxxxx, Xxxxx Xxxxxxxx			$1,508,477.25	Fee interest	Lexington Realty Trust		Lexington Realty Trust
Fee interest	Sygma Network, Inc. (Sysco Corporation)	0000 Xxxxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxx			$6,217,205.68	100% membership interest in Lexington Danville LLC	Lexington Danville LLC		Lexington Realty Advisors, Inc.
Fee interest	Tenneco Automotive Operation Company (Tenneco Automotive Inc.)	000 Xxxxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx			--	Fee interest	LXP I, L.P.		LXP I, L.P.
Fee interest	Time Customer Service, Inc. (Time, Inc.)	00000 Xxxxx 00xx Xxxxxx, Xxxxx, Xxxxxxx			$7,978,117.35	Fee interest	North Tampa Associates		North Tampa Associates
Fee interest	TRW, Inc. (Experian Information Solutions, Inc.)	601 & 000 Xxxxxxxx Xxxxxxx, Xxxxx, Xxxxx			$30,582,338.00	100% membership interest in Lexington Xxxxx Manager LLC and 100% limited partnership interest in Lexington Xxxxx	Lexington Xxxxx X.X.	Lexington Xxxxx Manager LLC	Lexington Texas Holdings L.P.

						L.P.
Fee interest	Voicestream PCS I (T-Mobile USA, Inc.)	0000 X.X. 0xx Xxxxxx, Xxxxxxx, Xxxxxx			$9,654,317.77	100% membership interest in Lexington Xxxxxxx Manager LLC	Lexington Xxxxxxx LLC	Lexington Xxxxxxx Manager LLC	Lepercq Corporate Income Fund II L.P.
Fee interest	Voicestream PCS II (T-Mobile USA, Inc.)	0000 Xxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxx			$10,141,927.70	100% membership interest in Acquiport Lenexa Manager LLC	Acquiport Lenexa LLC	Acquiport Lenexa Manager LLC	Lexington Acquiport Company II, LLC

SCHEDULE 2

Lease, dated as of September 27, 2000, between Texan Xxxxxxxxxxx Limited Partnership and Xxxxx Xxxxxx Incorporated, as amended

Lease, dated as of September 27, 2000, between Texan Training Limited Partnership and Xxxxx Xxxxxx Incorporated, as amended

Lease Agreement, dated June 30, 2005, between Lexington Hopkinsville Corp. and Xxxx Corporation, as amended

Lease Agreement, dated June 30, 2005, between Lexington Owensboro Corp. and Xxxx Corporation, as amended

Lease Agreement, dated June 30, 2005, between Lexington Dry Ridge Corp. and Xxxx Corporation, as amended

Lease Agreement, dated June 30, 2005, between Lexington 750 Elizabethtown Corp. and Xxxx Corporation, as amended

Lease Agreement, dated June 30, 2005, between Lexington 730 Elizabethtown Corp. and Xxxx Corporation, as amended

Lease Agreement, date d as of March 14, 2003, between LSAC Plymouth L.P. (as successor to Xxx Xxxxxx LLC by assignment and Bay Valley Foods, LLC (as successor by assignment to Xxxx Specialty Foods Group, LLC by assignment), as amended and assigned

Honeywell Lease

Lease Agreement, dated November 30, 2005, between LSAC Omaha L.P. and (i)Structure, LLC, as amended

Lease Agreement, dated December 29, 2005, between LSAC Tempe L.P. and (i)Structure, LLC, as amended

Nextel Communications Standard Office Lease Agreement, dated January 30, 2001, between Nextel West Corp. and Lexington Bremerton LLC (as successor to NBS Bremerton, L.L.C. by assignment), as amended and assigned

Office Lease Agreement, dated as of July 13, 2004, between Lexington Xxxxxxxxx L.P. (as successor to TDC KS, L.P. by assignment) and KS Management Services, LP, as amended and assigned

Lease Agreement, dated as of March 30, 2004, between Acquiport Lenexa LLC (as successor to HP Kansas City, LLC by assignment) and Voicestream PCS II Corporation, as amended and assigned

Lease Agreement, dated as of December 27, 2004, between Acquiport Oakland L.P. (as successor to HP Maine, LLC by assignment) and Omnipoint Holdings, Inc., as amended and assigned

Lease Agreement, dated as of August 5, 2007, between Lexington Xxxxxxx LLC (as successor to HP Xxxxxxx, LLC by assignment) and Voicestream PCS I LLC, as amended and assigned

Lease Agreement, dated September 28, 1990, between Net 2 Cox (as successor to Net 2 L.P. by assignment) and CoxCom, Inc. (as successor to Xxxxx Cable Systems of Tucson by assignment), as amended and assigned

Lease Agreement, dated as of October 26, 2001, between Lexington Kalamazoo L.P. (as successor to Danacq Kalamazoo LLC by assignment) and Xxxx Corporation, as amended and assigned

Nextel Communications Standard Office Lease Agreement, dated as of  , between Nextel of Texas Inc. and Lexington Temple L.P. (as successor to NBS Temple, L.L.C. by assignment), as amended and assigned

SCHEDULE 2.5

ORGANIZATIONAL CHART

[omitted from the filing]

SCHEDULE 2.8

RENT ROLL

[omitted from the filing]

SCHEDULE 2.17

TENANT ESTOPPELS

AT&T

Bay Valley Foods

Corning

Xxxxxxxxxx

Xxxxxxxx Grumman

Parkway Chevrolet

Xxxxxxxxxx County Mgnt/Xxxxxx

American Golf / Silverhorn

Georgia Power

T-Mobile-Lenexa

Xxxxxx Loan / CBASS

T-Mobile-Oakland

Xxxxx Corning-Minneapolis

Nextel-Bremerton

Nextel-Temple

T-Mobile-Redmond

Cox

SKF

ASML

Xxxxx Xxxxxx-Petrolite (Airport)

Xxxxx Xxxxxx-Xxxxxxxxxxx (Xxxxxxx)

Xxxxx Xxxxxx-Training (X.Xxxxxx)

CAE

Xxxx - Kalamazoo

Xxxx-730

Xxxx-750

Xxxx-Dry Xxxxx

Xxxx-Hopkinsville

Xxxx-Owensboro

Experian

Honeywell

Infocrossing-Omaha

Infocrossing-Tempe

Invensys

Seimens

St. Lukes/Xxxxxx Xxxxxxx

Sygma

Tenneco

Time

SCHEDULE 4.2

PERMITTED EXCEPTIONS

[omitted from the filing]