0000920522-06-000081 Sample Contracts

SUPPLEMENTAL INDENTURE TO INDENTURE
Supplemental Indenture • November 8th, 2006 • Essex Property Trust Inc • Real estate investment trusts • New York

This SUPPLEMENTAL INDENTURE, dated as of November 1, 2006 (the “Supplemental Indenture”), is entered into by and among Essex Portfolio, L.P., a California limited partnership (hereinafter called the “Issuer”), Essex Property Trust, Inc., a Maryland corporation (hereinafter called the “Guarantor”), and Wells Fargo Bank, N.A., as trustee hereunder (hereinafter called the “Trustee”), under the Indenture (defined below). Capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to such terms in the Indenture.

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Essex Portfolio, L.P. Thirteenth Amendment to First Amended and Restated Agreement of Limited Partnership
Essex Property Trust Inc • November 8th, 2006 • Real estate investment trusts

This Thirteenth Amendment is made as of October 26, 2006 by Essex Property Trust, Inc., a Maryland corporation, as general partner (the “General Partner”) of Essex Portfolio L.P., a California limited partnership (the “Partnership”) and as attorney in fact for all limited partners of the Partnership pursuant to the Partnership Agreement (as defined below), for the purpose of amending the First Amended and Restated Agreement of Limited Partnership of the Partnership dated September 30, 1997 (the “Partnership Agreement”). All capitalized terms used herein and not defined shall have the respective meanings ascribed to them in the Partnership Agreement.

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