0000942708-06-000398 Sample Contracts

DEED TO SECURE DEBT AND ASSIGNMENT OF RENTS
Roberts Realty Investors Inc • December 12th, 2006 • Real estate investment trusts

This DEED TO SECURE DEBT AND ASSIGNMENT OF RENTS (hereafter referred to as “Deed”) made as of December 6, 2006, by and between Wachovia Bank, National Association, a national banking association, whose address is 171 17th Street N.W., Building 100, Mail Code 4506, Atlanta, Georgia 30363 (“Bank”), and Roberts Properties Residential, L.P., whose address is 450 Northridge Parkway Suite 300, Atlanta, Georgia 30350 (“Grantor”).

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UNCONDITIONAL GUARANTY
Roberts Realty Investors Inc • December 12th, 2006 • Real estate investment trusts

To induce Bank to make, extend or renew loans, advances, credit, or other financial accommodations to or for the benefit of Borrower, which are and will be to the direct interest and advantage of the Guarantor, and in consideration of loans, advances, credit, or other financial accommodations made, extended or renewed to or for the benefit of Borrower, which are and will be to the direct interest and advantage of the Guarantor, Guarantor hereby absolutely, irrevocably and unconditionally guarantees to Bank and its successors, assigns and affiliates the timely payment and performance of all liabilities and obligations of Borrower to Bank and its affiliates, including, but not limited to, all obligations under any notes, loan agreements, security agreements, letters of credit, instruments, accounts receivable, contracts, drafts, leases, chattel paper, indemnities, acceptances, repurchase agreements, overdrafts, and the Loan Documents, as defined below, and all obligations of Borrower to

AMENDMENT NUMBER 1 TO DESIGN AND DEVELOPMENT AGREEMENT
Design and Development Agreement • December 12th, 2006 • Roberts Realty Investors Inc • Real estate investment trusts

This Amendment Number 1 (this “Amendment”) is made as of the 6th day of December, 2006, to the original Agreement made as of the 14th day of April, 2005 (the “Original Agreement”), by and among ROBERTS PROPERTIES RESIDENTIAL, L.P., a Georgia limited partnership (the “Partnership”), GEORGIANNA JEAN K. VALENTINO, an individual resident of the State of Georgia (“Valentino”) and ROBERTS PROPERTIES, INC., a Georgia corporation (the “Developer”).

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