FIRST AMENDMENT TO OFFER TO PURCHASEOffer to Purchase • December 28th, 2007 • Grubb & Ellis Co • Real estate agents & managers (for others)
THIS FIRST AMENDMENT TO OFFER TO PURCHASE (this “Amendment”) is made and entered into as of the 29th day of November, 2007, by and between TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (hereinafter referred to as “Buyer”) and AURORA MEDICAL GROUP, INC., a Wisconsin non-stock corporation (hereinafter referred to as “Seller”).
1 BROKER DRAFTING THIS OFFER ON [DATE] IS (AGENT OF SELLER) (AGENT OF BUYER) (DUAL AGENT) STRIKE TWO 2 GENERAL PROVISIONS The Buyer, Triple Net Properties, LLC, 3 offers to purchase the Properties listed on Exhibit A hereto (collectively the Property)...Grubb & Ellis Co • December 28th, 2007 • Real estate agents & managers (for others)
ContractNon-Disturbance and Attornment Agreement • December 28th, 2007 • Grubb & Ellis Co • Real estate agents & managers (for others) • Wisconsin
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (the “Agreement”) is made as of the date last executed below, between Aurora Medical Group, Inc., a Wisconsin non-stock corporation (“Tenant”), having an address at 3000 West Montana, Milwaukee, Wisconsin and PNC Bank, National Association (“Lender”), located at 10851 Mastin, Overland Park, Kansas, 66210.
EXHIBIT D GUARANTYGuaranty • December 28th, 2007 • Grubb & Ellis Co • Real estate agents & managers (for others)
In consideration of (“Lessor”) entering into the foregoing Lease (the “Lease”) with Aurora Medical Group, Inc. (the “Lessee”), and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned, Aurora Health Care, Inc. (herein called “Guarantor”) guarantees the full and punctual payment of rent to be paid by Lessee under the Lease and the performance by Lessee of all of the terms and conditions thereof, and agree:
PROMISSORY NOTE (Note B)Grubb & Ellis Co • December 28th, 2007 • Real estate agents & managers (for others)
FOR VALUE RECEIVED, NNN Eastern Wisconsin Medical Portfolio, LLC, a Delaware limited liability company (“Borrower”), having its principal place of business at 1551 N. Tustin Avenue, Suite 200, Santa Ana, California 92705, promises to pay to the order of PNC Bank, National Association (“Lender”), at the following address: 10851 Mastin, Suite 300, Overland Park, Kansas 66210, or such other place as the holder hereof may from time to time designate in writing, the principal sum of Three Million Four Hundred Thousand and No/100 Dollars ($3,400,000.00) in lawful money of the United States of America, with interest thereon to be computed from the date of disbursement under this Promissory Note (Note B) (this “Note”) at the Applicable Interest Rate (hereinafter defined), and to be paid in installments as follows:
MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING Document Number Document TitleMortgage, Security Agreement • December 28th, 2007 • Grubb & Ellis Co • Real estate agents & managers (for others)
THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING (the “Security Instrument”) is made as of December 21, 2007, by NNN Eastern Wisconsin Medical Portfolio, LLC, a Delaware limited liability company (“Borrower”), having its principal place of business (or residing) at c/o Triple Net Properties, 1551 N. Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of PNC Bank, National Association (“Lender”), having a mailing address at 10851 Mastin, Suite 300, Overland Park, Kansas 66210.
