0000950109-03-003438 Sample Contracts

Exhibit 10.36 Participation Agreement Dated as of May 23, 2003
Participation Agreement • May 23rd, 2003 • American Financial Realty Trust • Real estate investment trusts
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Exhibit 10.5 BRIDGE CREDIT AGREEMENT Dated as of January 9, 2003
Bridge Credit Agreement • May 23rd, 2003 • American Financial Realty Trust • Real estate investment trusts • New York
Deed of Trust
Deed of Trust • May 23rd, 2003 • American Financial Realty Trust • Real estate investment trusts • New York
FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF SALE AND PURCHASE
Agreement of Sale and Purchase • May 23rd, 2003 • American Financial Realty Trust • Real estate investment trusts

THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF SALE AND PURCHASE (“Amendment”) is being made and entered into as of May 16, 2003, by and between BANK OF AMERICA, N.A. (“Seller”), and FIRST STATES GROUP, L.P. (“Purchaser”).

GUARANTEE
Guarantee • May 23rd, 2003 • American Financial Realty Trust • Real estate investment trusts

GUARANTEE dated as of May , 2003 by Bank of America Corporation (the “Guarantor”), in favor of U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity, but solely as successor Owner Trustee to State Street Bank and Trust Company of Connecticut, National Association, under the Trust Agreement (1997-D) dated as of June 4, 1997 and PATRICK E. THEBADO, not in his individual capacity, but solely as successor Co-Trustee to Dori Anne Seakas, as successor Co-Trustee to Traci Hopkins, under the Trust Agreement (1997-D) (the Owner Trustee and the Co-Trustee, in such capacities, separately or together, as applicable, the “Guaranteed Party”) as lessor under that certain Amended and Restated Lease Agreement dated of even date herewith between Guaranteed Party and Bank of America, N.A. (“Bank of America”) covering office buildings located in the Southeastern United States (the “Lease”). A copy of the Lease is attached as Exhibit “A” hereto.

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