0000711642-06-000351 Sample Contracts

MULTIFAMILY NOTE MULTISTATE - FIXED RATE
Multifamily Note • August 14th, 2006 • Davidson Diversified Real Estate Ii Limited Partnership • Real estate

FOR VALUE RECEIVED, the undersigned (together with such party's or parties' successors and assigns, "Borrower") jointly and severally (if more than one) promises to pay to the order of JOHNSON CAPITAL GROUP, INC., a Texas corporation, the principal sum of Eight Million Seven Hundred Thousand and 00/100 Dollars (US $8,700,000.00), with interest on the unpaid principal balance, as hereinafter provided.

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MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (Including Fixture Filing) (TENNESSEE – REVISION DATE 01-30-2006) Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $8,700,000.00.
Multifamily Deed of Trust, Assignment of Rents and Security Agreement • August 14th, 2006 • Davidson Diversified Real Estate Ii Limited Partnership • Real estate

THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Instrument") is made as of this 31st day of May, 2006, among THE TRAILS, L.P, a limited partnership organized and existing under the laws of South Carolina, whose address is 4582 South Ulster Parkway, Suite 1100, Denver, Colorado 80237, , as grantor ("Borrower"), to WILLIAM L. ROSENBERG, ESQUIRE, as trustee, a resident of Davidson County, Tennessee, whose address is 315 Deaderick Street, Suite 2055, Nashville, Tennessee 37238 ("Trustee"), for the benefit of JOHNSON CAPITAL GROUP, INC., a corporation organized and existing under the laws of Texas, whose address is 999 18th Street, Suite 2310, Denver, Colorado 80202, as beneficiary ("Lender"). Borrower's organizational identification number, if applicable, is N/A.

GUARANTY MULTISTATE (for use in all Property jurisdictions except California) REVISION DATE 05/06/2005
Guaranty • August 14th, 2006 • Davidson Diversified Real Estate Ii Limited Partnership • Real estate

This Guaranty (“Guaranty”) is entered into to be effective as of May 31, 2006, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of JOHNSON CAPITAL GROUP, INC., a Texas corporation (the “Lender”).

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