0000940394-06-000703 Sample Contracts

Contract
Loan and Security Agreement • August 9th, 2006 • Belair Capital Fund LLC • Real estate investment trusts • New York

AMENDMENT NO. 4 dated as of June 30, 2006 (this “Amendment”) to the LOAN AND SECURITY AGREEMENT dated as of July 15, 2003, amended by Amendment No. 1 dated March 16, 2004, Amendment No. 2 dated August 3, 2004 and Waiver and Amendment No. 3 dated September 8, 2004 (as the same may be further amended, supplemented or otherwise modified, renewed or replaced from time to time, the “Credit Agreement”), by and among BELAIR CAPITAL FUND LLC, a Massachusetts limited liability company (the “Borrower”), the Lenders referred to therein, Merrill Lynch Mortgage Capital, Inc., a Delaware corporation, as agent (the “Agent”) and Merrill Lynch Capital Services, Inc., a Delaware corporation (the “Swap Provider”).

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