Carveout Guarantee and Indemnity AgreementCarveout Guarantee and Indemnity Agreement • October 2nd, 2007 • Davidson Diversified Real Estate Ii Limited Partnership • Real estate • Ohio
This Carveout Guarantee and Indemnity Agreement (this “Agreement”) is made as of the this 26th day of September 26, 2007 (the “Effective Date”), by AIMCO PROPERTIES, L.P., a Delaware Limited Partnership (the “Carveout Obligor”), in favor of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation, and its successors and assigns (the “Lender”).
Secured Promissory NoteSecured Promissory Note • October 2nd, 2007 • Davidson Diversified Real Estate Ii Limited Partnership • Real estate • Ohio
FOR VALUE RECEIVED, the undersigned, BIG WALNUT, L.P., a Delaware limited partnership, whose address is 4582 South Ulster Parkway, Suite 1100, Denver, Colorado 80237 (the “Borrower”), promises to pay Four Million Two Hundred Ninety-Nine Thousand Seven Hundred Fifty Dollars and No Cents ($4,299,750.00), together with interest according to the terms of this Secured Promissory Note (this “Note”), to the order of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation (together with any future holder, the “Lender”), whose address is c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443. Capitalized terms used but not defined in this Note shall have the meanings assigned to them in the Mortgage, as defined in Section 12 below.
