0000950123-09-032702 Sample Contracts

MASTER SUBSTITUTION AGREEMENT (Revision Date 02/23/2009)
Master Substitution Agreement • August 10th, 2009 • Avalonbay Communities Inc • Real estate investment trusts • Virginia

THIS MASTER SUBSTITUTION AGREEMENT (this “Agreement”) is made to be effective as of the 23rd day of April, 2009, among DEUTSCHE BANK BERKSHIRE MORTGAGE, INC., a Delaware corporation (“Lender”), AVALONBAY TRAVILLE, LLC, a Maryland limited liability company (the “IDOT Guarantor”) and the entities identified on Schedule B attached hereto and incorporated herein by reference (each such entity is sometimes referred to individually as an “Original Borrower”, and all are sometimes referred to collectively as the “Original Borrowers”). An Original Borrower, the IDOT Guarantor or “New Borrower” described below, is sometimes referred to as a “Borrower”, and all Original Borrowers, the IDOT Guarantor and New Borrowers are sometimes referred to collectively as “Borrowers”.

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FORM OF GUARANTY REVISION DATE 05/06/2005
Guaranty • August 10th, 2009 • Avalonbay Communities Inc • Real estate investment trusts

This Guaranty (“Guaranty”) is entered into to be effective as of April 24, 2009, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of DEUTSCHE BANK BERKSHIRE MORTGAGE, INC., a Delaware corporation (the “Lender”).

MASTER CROSS-COLLATERALIZATION AGREEMENT (Revision Date 02/09/2009)
Master Cross-Collateralization Agreement • August 10th, 2009 • Avalonbay Communities Inc • Real estate investment trusts • Virginia

THIS MASTER CROSS-COLLATERALIZATION AGREEMENT (this “Agreement”) is made as of the 24th day of April, 2009 by DEUTSCHE BANK BERKSHIRE MORTGAGE, INC., a Delaware corporation (“Lender”), those parties identified on Exhibit A — Schedule 1 attached hereto (each referred to individually as a “Grantor” and all referred to collectively as the “Grantors”) and Shady Grove Road Financing, LLC, a Delaware limited liability company (the “Traville Borrower”).

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