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EXHIBIT 10.9
SIXTH AMENDMENT TO AMENDED AND
RESTATED AGREEMENT REGARDING RELATED LEASE TRANSACTIONS,
AMENDED AND RESTATED ENVIRONMENTAL INDEMNITY
AGREEMENT AND AMENDED AND RESTATED
AFFILIATED PARTY SUBORDINATION AGREEMENT
MEDITRUST ACQUISITION CORPORATION III/ALS LEASING, INC.
($100 MILLION MEDITRUST INVESTMENT)
This SIXTH AMENDMENT (this "Amendment") to the Amended and Restated
Agreement Regarding Lease Transactions dated as of April 30, 1997 (as amended
and as may be amended from time to time the "Agreement Regarding Related Lease
Transactions"), to the Amended and Restated Environmental Indemnity Agreement
dated as of April 30, 1997 (as amended and as may be amended from time to time
the "Environmental Indemnity Agreement") and to the Amended and Restated
Affiliated Party Subordination Agreement dated as of April 30, 1997 (as amended
and as may be amended from time to time the "Affiliated Party Subordination
Agreement") is made as of the 4th day of September, 1998 by and among (I) ALS
LEASING, INC., a Delaware corporation, having its principal place of business
at 000 Xxxxx Xxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxxxxxx 00000
("Lessee"); (II) ALTERNATIVE LIVING SERVICES, INC., a Delaware corporation,
having its principal place of business at 000 Xxxxx Xxxxxxxxxx Xxxx, Xxxxx 000,
Xxxxxxxxxx, Xxxxxxxxx 00000 ("ALS"); and (III) MEDITRUST ACQUISITION
CORPORATION III, a Delaware corporation, having its principal place of business
c/o Meditrust Mortgage Investments, Inc., 000 Xxxxx Xxxxxx, Xxxxxxx Xxxxxxx,
Xxxxxxxxxxxxx 00000 ("Meditrust").
W I T N E S S E T H:
WHEREAS, Lessor and Lessee have entered into certain Acquisition
Facility Leases of even date relating to four (4) additional Group Two
Acquisition Facilities; and
WHEREAS, the parties desire to amend EXHIBIT B to the Agreement
Regarding Related Lease Transactions to add the four (4) additional Group Two
Acquisition Facilities, to amend EXHIBIT C to the Agreement Regarding Related
Lease Transactions to add the additional Group Two Acquisition Facilities, to
amend EXHIBIT A to the Environmental Indemnity Agreement to add environmental
site assessment reports pertaining to each of the additional Group Two
Acquisition Facilities, to amend Schedule A to the Affiliated Party
Subordination Agreement to add additional managers for each of the additional
Group Two Acquisition Facilities, and to otherwise amend the Agreement
Regarding Related Lease Transactions, the Environmental Indemnity Agreement and
the Affiliated Party Subordination Agreement, as provided herein.
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NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as
follows:
1. Defined Terms. Initial capitalized terms used herein and not
otherwise defined shall have the meanings respectively ascribed to such terms
in the Agreement Regarding Related Lease Transactions.
2. EXHIBIT B to Agreement Regarding Related Lease Transactions.
EXHIBIT B to the Agreement Regarding Related Lease Transactions is hereby
deleted in its entirety, and EXHIBIT B attached hereto is substituted therefor.
3. EXHIBIT C to Agreement Regarding Related Lease Transactions.
EXHIBIT C to the Agreement Regarding Related Lease Transactions is hereby
deleted in its entirety, and EXHIBIT C attached hereto is substituted therefor.
4. EXHIBIT A to the Environmental Indemnity Agreement. EXHIBIT A to
the Environmental Indemnity Agreement is hereby deleted in its entirety, and
EXHIBIT A attached hereto is substituted therefor.
5. Schedule A, List of Managers, to Affiliated Party Subordination
Agreement. The provisions of the Affiliated Party Subordination Agreement are
hereby incorporated herein by this reference. Attached hereto is an Addendum to
Schedule A, List of Managers, to the Affiliated Party Subordination Agreement.
By executing a copy of this Amendment, the parties listed on such Addendum are
included in the definition of the "Manager" and hereby join in the Affiliated
Party Subordination Agreement and consent to the provisions thereof.
6. Miscellaneous. The parties hereto acknowledge and agree that,
except as specifically amended by the terms of this Amendment, all terms,
covenants and provisions of the Agreement Regarding Related Lease Transactions,
the Environmental Indemnity Agreement and the Affiliated Party Subordination
Agreement are hereby ratified and confirmed and shall remain in full force and
effect. From and after the date hereof, all references to the "Agreement
Regarding Related Lease Transactions," the "Environmental Indemnity Agreement,"
and the "Affiliated Party Subordination Agreement" in any of the Group One
Acquisition Transaction Documents or the Group Two Acquisition Transaction
Documents, whether any such Group One or Group Two Acquisition Transaction
Documents has been executed prior to or contemporaneously with this Amendment,
shall be deemed to refer to the Agreement Regarding Related Lease Transactions,
the Environmental Indemnity Agreement and the Affiliated Party Subordination
Agreement as amended hereby and as may be amended from time to time.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Sixth Amendment to
Amended and Restated Agreement Regarding Related Lease Transactions, Amended
and Restated Environmental Indemnity Agreement and Amended and Restated
Affiliated Party Subordination Agreement under seal as of the day and year above
written.
WITNESSES: LESSEE:
ALS LEASING, INC.
/s/ XXXXXX XXXXX
------------------------------ By: /s/ XXXXX X. XXXXXXX
Name: Xxxxxx Xxxxx ---------------------------------
Xxxxx X. Xxxxxxx, Vice President
/s/ XXXXXX XXXXXX
------------------------------
Name: Xxxxxx Xxxxxx
LESSOR:
MEDITRUST ACQUISITION
CORPORATION III
/s/
------------------------------- By: /s/ XXXXXXX X. XXXXXX
Name: ---------------------------------
Name: Xxxxxxx X. Xxxxxx
Title: Chief Operating Officer
/s/ XXXXXXXX XXXXXX
-------------------------------
Name: Xxxxxxxx Xxxxxx
GUARANTOR:
ALTERNATIVE LIVING SERVICES, INC.
/s/ XXXXXX XXXXX
------------------------------- By: /s/ XXXXX X. XXXXXXX
Name: ---------------------------------
Xxxxx X. Xxxxxxx, Vice President
/s/ XXXXXX XXXXXX
-------------------------------
Name:
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[09/04/98]
EXHIBIT B
TO
THE AMENDED AND RESTATED AGREEMENT REGARDING RELATED LEASE TRANSACTIONS
GROUP TWO ACQUISITION FACILITIES
1. Liberty Commons, 000 Xxxxx Xxxx, Xxxxxxx, Xxxxxxxx Xxxxxx, Xxx Xxxx
00000
2. WovenHearts of Menomonie, 000 00xx Xxxxxx, Xxxxxxxxx, Xxxx Xxxxxx,
Xxxxxxxxx 00000
3. WovenHearts of New Richmond, 0000 Xxxxxx Xxxx Xxxxx, Xxx Xxxxxxxx, Xx.
Xxxxx Xxxxxx, Xxxxxxxxx 00000
4. WovenHearts of Wisconsin Rapids, 0000 00xx Xxxxxx, Xxxxx, Xxxxxxxxx
Xxxxxx, Xxxx Xxxxxx, Xxxxxxxxx 00000
5. WovenHearts of Plymouth, 000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxxxxx,
Xxxxxxxxx Xxxxxx, Xxxxxxxxx 00000
6. StoneCroft Manor, 0000 Xxxx Xxxxxxxx, Xxxxxxx, Xxxxxx Xxxxxx,
Xxxxxxxxx 00000
7. The Evergreens, 0000 Xxxxx Xxxxx, Xxxxxx, Xxxxxxx Xxxxxx, Xxxxxxxxx
00000
8. The Evergreens South, 0000 Xxxxx Xxxxx, Xxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxxx 00000
9. The Pines, 000 Xxxx Xxxxxx Xxxxx, Xxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxxxx
00000
10. The Pines North, 000 Xxxx Xxxxxx Xxxxx, Xxxxxx, Xxxxxxxx Xxxxxx,
Xxxxxxxxx 00000
11. The Oaks, 0000 00xx Xxxxxx Xxxxx, Xxxxxxxxx Xxxxxx, Xxxx Xxxxxx,
Xxxxxxxxx 00000
12. WovenHearts of Davison, 000 X. Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx 00000
13. WovenHearts of Kenosha, 0000 00xx Xxxxxx, Xxxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxxx 00000
14. Xxxxxxxx House of Delta I, 0000 Xxxxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxx
Xxxxxx, Xxxxxxxx 00000
15. WovenHearts of Delta II, 0000 Xxxxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxx
Xxxxxx, Xxxxxxxx 00000
16. Xxxxxxxx House of Grand Blanc I, 0000 Xxxxxxx Xxxx, Xxxxx, Xxxxxxx
Xxxxxx, Xxxxxxxx 00000-0000
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17. Wynwood of Grand Blanc II, 0000 Xxxxxxx Xxxx, Xxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx 00000-0000
18. Xxxxxxxx House of Troy I, 0000 Xxxxxxxxxx Xxxxxxx, Xxxx, Xxxxxxx
Xxxxxx, Xxxxxxxx 00000
19. Wynwood of Xxxx XX, 0000 Xxxxxxxxxx Xxxxxxx, Xxxx, Xxxxxxx Xxxxxx,
Xxxxxxxx 00000
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EXHIBIT C
MEDITRUST/ALS FACILITIES
KANSAS
1. Sterling House of Wichita, Wichita, Kansas
2. Sterling House of Derby, Derby, Kansas
3. Sterling House of Wellington, Wellington, Kansas
4. Xxxxxxxx Xxxxx xx Xxxx, Xxxx, Xxxxxx
5. Sterling House of Abilene II, Abilene, Kansas
OKLAHOMA
6. Sterling House of Xxxxxxx, Bethany, Oklahoma
7. Sterling House of Bartlesville II, Bartlesville, Oklahoma
FLORIDA
8. Sterling House of Tequesta, Tequesta, Florida
9. Sterling House of West Melbourne, West Melbourne, Florida
10. Sterling House of Stuart, Stuart, Florida
11. Sterling House of Vero Beach, Vero Beach, Florida
12. Sterling House of Leesburg, Leesburg, Florida
13. Xxxxxxxx Xxxxx xx Xxxx Xxxxxx, Xxxx Xxxxxx, Xxxxxxx
14. Sterling House of Ocala, Ocala, Florida
15. Sterling House of Deland, Deland, Florida
16. Xxxxxxxx Xxxxx xx Xxxxxx Xxxxx, Xxxxxx Xxxxx, Xxxxxxx
17. Sterling House of West Melbourne II, West Melbourne, Florida
18. Clare Bridge of Fort Xxxxx, Fort Xxxxx, Florida
19. Clare Bridge of Tampa, Tampa, Florida
20. Clare Bridge of Jacksonville, Jacksonville, Florida
21. Sterling House of Tequesta ll, Tequesta, Florida
TEXAS
22. Sterling House of Temple, Temple, Texas
23. Sterling House of Carrollton, Carrollton, Texas
24. Sterling House of Kerrville, Kerrville, Texas
25. Sterling House of San Antonio-Whitby Road, San Antonio, Texas
26. Sterling House of New Braunfels, New Braunfels, Texas
27. Sterling House of Lancaster, Lancaster, Texas
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OHIO
28. Sterling House of Bowling Green, Bowling Green, Ohio
29. Sterling House of Englewood, Englewood, Ohio
30. Sterling House of Barberton, Barberton, Ohio
31. Sterling House of Mansfield, Mansfield, Ohio
32. Sterling House of Xxxxxx, Marion, Ohio
WISCONSIN
33. WovenHearts of Xxxxx Deer, Xxxxx Deer, Wisconsin
34. WovenHearts of Sussex, Sussex, Wisconsin
35. WovenHearts of Onalaska, Onalaska, Wisconsin
36. WovenHearts of Menomonie, Menomonie, Wisconsin
37. WovenHearts of New Richmond, New Richmond, Wisconsin
38. WovenHearts of Wisconsin Rapids, Wisconsin Rapids, Wisconsin
39. WovenHearts of Plymouth, Plymouth, Wisconsin
40. The Evergreens, Plover, Wisconsin
41. The Evergreens South, Plover, Wisconsin
42. StoneCroft Manor, Medford, Wisconsin
43. The Pines, Wausau, Wisconsin
44. The Pines North, Wausau, Wisconsin
45. The Oaks, Wisconsin Rapids, Wisconsin
46. WovenHearts of Eau Claire, Eau Claire, Wisconsin
47. WovenHearts of Manitowoc, Manitowoc, Wisconsin
48. WovenHearts of Middleton, Middleton, Wisconsin
49. WovenHearts of Neenah, Neenah, Wisconsin
50. WovenHearts of Oshkosh, Oshkosh, Wisconsin
51. WovenHearts of Sun Prairie, Sun Prairie, Wisconsin
52. WovenHearts of Kenosha, Kenosha, Wisconsin
MICHIGAN
53. Xxxxxxxx House of Farmington Hills I, Farmington Hills, Michigan
54. Xxxxxxxx House of Farmington Hills II, Farmington Hills, Michigan
55. Xxxxxxxx House of Xxx Arbor, Ann Arbor, Michigan
56. Xxxxxxxx House of Utica, Utica, Michigan
57. Wynwood of Lansing, Lansing, Michigan
58. WovenHearts of Davison, Davison, Michigan
59. Xxxxxxxx House of Delta I, Lansing, Michigan
60. WovenHearts of Delta II, Lansing, Michigan
61. Xxxxxxxx House of Grand Blanc I, Xxxxx, Michigan
62. Wynwood of Grand Blanc II, Xxxxx, Michigan
63. Xxxxxxxx House of Troy I, Troy, Michigan
64. Wynwood of Xxxx XX, Troy, Michigan
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PENNSYLVANIA
65. Northampton Manor, Richboro, Pennsylvania
66. Clare Bridge of Lower Makefield, Yardley, Pennsylvania
67. Clare Bridge of Xxxxxxxxxx and Wynwood of Xxxxxxxxxx, North Wales,
Pennsylvania
NEW YORK
68. Liberty Commons, Manlius, New York
MINNESOTA
69. WovenHearts of Faribault, Faribault, Minnesota
70. WovenHearts of Mankato, Mankato, Minnesota
71. WovenHearts of Owatonna, Owatonna, Minnesota
72. WovenHearts of Sauk Rapids, Sauk Rapids, Minnesota
73. WovenHearts of Willmar, Willmar, Minnesota
74. WovenHearts of Winona, Winona, Minnesota
NORTH CAROLINA
75. Clare Bridge of Charlotte, Charlotte, North Carolina
76. Wynwood of Charlotte, Charlotte, North Carolina
77. Clare Bridge of Greensboro, Greensboro, North Carolina
78. Wynwood of Greensboro, Greensboro, North Carolina
SOUTH CAROLINA
79. Clare Bridge of Charleston, Mt. Pleasant, South Carolina
80. Clare Bridge of Columbia, Irmo, South Carolina
[TO BE SUPPLEMENTED BY AMENDMENTS TO THIS AGREEMENT]
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[09/04/98]
EXHIBIT A
TO
THE AMENDED AND RESTATED ENVIRONMENTAL INDEMNITY AGREEMENT
ENVIRONMENTAL SITE ASSESSMENT REPORTS
1. Phase I Environmental Site Assessment dated November 26, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Lower Makefield, 000 Xxxxxxxx Xxxx Xxxx, Xxxxxxx, Xxxxx Xxxxxx,
Xxxxxxxxxxxx.
2. Phase I Environmental Site Assessment dated November 26, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Wynwood of
Northampton Manor, 65 Newtown Richboro Road, Richboro, Bucks County,
Pennsylvania.
3. Phase I Environmental Site Assessment dated November 15, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Xxxxxxxxxx, 0000 Xxxxxxx Xxxx, Xxxxx Xxxxx, Xxxxxxxxxx Xxxxxx,
Xxxxxxxxxxxx.
4. Phase I Environmental Site Assessment dated November 19, 1996 prepared
by ATEC Associates, Inc. respecting the property known as WovenHearts
of Onalaska, 000 00xx Xxxxxx Xxxxx, Xxxxxxxx, Xx Crosse County,
Wisconsin.
5. Phase I Environmental Site Assessment dated November 25, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Xxxxxxxx
House of Xxx Arbor, 000 Xxxx Xxxxxxxxxx Xxxxxxx, Xxx Xxxxx, Xxxxxxxxx
Xxxxxx, Xxxxxxxx.
6. Phase I Environmental Site Assessment dated November 14, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Farmington, Xxxxxxxx House I, 00000 Xxxxx Xxxx, Xxxxxxxxxx Xxxxx,
Xxxxxxx Xxxxxx, Xxxxxxxx.
7. Phase I Environmental Site Assessment dated November 14, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Farmington, Xxxxxxxx House II, 00000 Xxxxx Xxxx, Xxxxxxxxxx Xxxxx,
Xxxxxxx Xxxxxx, Xxxxxxxx.
8. Phase I Environmental Site Assessment dated December 3, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Xxxxxxxx
House of Utica, 00000 Xxxxx Xxxxxx Xxxxxxxxx, Xxxxx, Xxxxxx Xxxxxx,
Xxxxxxxx.
9. Phase I Environmental Site Assessment dated November 14, 1996 prepared
by ATEC Associates, Inc. respecting the property known as WovenHearts
of Xxxxx Deer, 0000 Xxxx Xxxxxxx Xxxxxx, Xxxxx Xxxx, Xxxxxxxxx Xxxxxx,
Xxxxxxxxx.
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10. Phase I Environmental Site Assessment dated December 6, 1996 prepared
by ATEC Associates, Inc. respecting the property known as WovenHearts
of Sussex, W240 X0000 Xxxxx Xxxxxx, Xxxxxx, Xxxxxxxx Xxxxxx,
Xxxxxxxxx.
11. Phase I Environmental Site Assessment dated December 3, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Tampa, 0000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx, Xxxxxxxxxxxx Xxxxxx,
Xxxxxxx.
12. Phase I Environmental Site Assessment dated December 6, 1996 prepared
by ATEC Associates, Inc. respecting the property known as Clare Bridge
of Ft. Xxxxx, 00000 Xxxxxxxx Xxxxxx Xxxxxxxxx, Xx. Xxxxx, Xxx Xxxxxx,
Xxxxxxx
13. Phase I Environmental Site Assessment and Limited Subsurface
Investigation, dated April 30, 1997, prepared by ATEC Associates, Inc.
respecting the property known as Liberty Commons, 000 Xxxxx Xxxx,
Xxxxxxx, Xxxxxxxx Xxxxxx, Xxx Xxxx.
14. Phase I Environmental Site Assessment dated November 19, 1996 prepared
by ATEC Associates, Inc. respecting property known as WovenHearts of
Menomonie, 000 00xx Xxxxxx, Xxxxxxxxx, Xxxx Xxxxxx, Xxxxxxxxx.
15. Phase I Environmental Site Assessment dated November 26, 1996 prepared
ATEC Associates, Inc. respecting property known as WovenHearts of New
Richmond, 1310 Circle Pine Drive, New Richmond, St. Croix County,
Wisconsin.
16. Phase I Environmental Site Assessment dated November 13, 1996,
prepared by ATEC Associates, Inc., respecting property known as
WovenHearts of Wisconsin Rapids, 0000 00xx Xxxxxx Xxxxx, Xxxxxxxxx
Rapids, Sheboygen County, Wisconsin.
17. Phase I Environmental Site Assessment dated May 19, 1997, prepared by
ATEC Associates, Inc., respecting property known as WovenHearts of
Plymouth, 000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxxxxx, Xxxxxxxxx.
18. Phase I Environmental Site Assessment dated December 13, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as StoneCroft Manor, 0000 Xxxx Xxxxxxxx, Xxxxxxx,
Xxxxxx Xxxxxx, Xxxxxxxxx.
19. Phase I Environmental Site Assessment dated December 13, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as The Evergreens, 0000 Xxxxx Xxxxx, Xxxxxx, Xxxxxxx
Xxxxxx, Xxxxxxxxx.
20. Phase I Environmental Site Assessment dated December 13, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as The Evergreens South, 0000 Xxxxx Xxxxx, Xxxxxx,
Xxxxxxx Xxxxxx, Xxxxxxxxx.
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21. Phase I Environmental Site Assessment dated December 13, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as The Pines, 000 Xxxx Xxxxxx Xxxxx, Xxxxxx, Xxxxxxxx
Xxxxxx, Xxxxxxxxx.
22. Phase I Environmental Site Assessment dated December 13, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as the Pines North, 000 Xxxx Xxxxxx Xxxxx, Xxxxxx,
Xxxxxxxxx.
23. Phase I Environmental Site Assessment dated December 20, 1996 and
updated November 7, 1997 prepared by ATEC Associates, Inc. respecting
property known as The Oaks, 0000 00xx Xxxxxx Xxxxx, Xxxxxxxxx Rapids,
Wood County, Wisconsin.
24. Phase I Environmental Site Assessment dated March 25, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
WovenHearts of Kenosha, 0000 00xx Xxxxxx, Xxxxxxx, Xxxxxxx Xxxxxx,
Xxxxxxxxx.
25. Phase I Environmental Site Assessment dated March 25, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
WovenHearts of Davison, 000 Xxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxx
Xxxxxx, Xxxxxxxx.
26. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
Xxxxxxxx House of Delta I, 7235 Delta Commerce Drive, Lansing, Xxxxx
County, Michigan.
27. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
WovenHearts of Delta II, 0000 Xxxxx Xxxxxxxx Xxxxx, Xxxxxxx, Xxxxx
Xxxxxx, Xxxxxxxx.
28. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
Xxxxxxxx House of Grand Blanc I, Xxxxx, Genesee County, Michigan.
29. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
Wynwood of Grand Blanc II, Xxxxx, Genesee County, Michigan.
30. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
Xxxxxxxx House of Troy I, Troy, Oakland County, Michigan.
31. Phase I Environmental Site Assessment dated April 20, 1998, prepared
by Xxxxx Engineering Associates, Inc. respecting property known as
Wynwood of Xxxx XX, Xxxx, Oakland County, Michigan.
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[TO BE SUPPLEMENTED FROM TIME TO TIME AS ADDITIONAL ASSISTED LIVING FACILITIES
ARE ADDED TO EXHIBITS A OR B OF THE AMENDED AND RESTATED AGREEMENT REGARDING
RELATED LEASE TRANSACTIONS]
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ADDENDUM TO SCHEDULE A
To Amended and Restated Affiliated Party Subordination Agreement
LIST OF MANAGERS
1. Alternative Living Services, Inc., a Delaware corporation.