0000950134-06-021128 Sample Contracts

MORTGAGE CONSOLIDATION AND SPREADER AGREEMENT
Mortgage Consolidation and Spreader Agreement • November 9th, 2006 • Tarragon Corp • Real estate investment trusts • Florida

THIS MORTGAGE CONSOLIDATION AND SPREADER AGREEMENT (this “Agreement”) is made as of October 10, 2006 by and between TARRAGON LUGANO LLC, a Delaware limited liability company, BALLANTRAE TARRAGON LLC, a Florida limited liability company, REFLECTION LAKES TARRAGON, LLC, a Florida limited liability company, OMNI MONTERRA LLC, a Florida limited liability company, YBOR CITY TARRAGON, LLC, a Delaware limited liability company, and MADISON AT PARK WEST TARRAGON, LLC, a South Carolina limited liability company (each a “Borrower” and collectively the “Borrowers”), having an address c/o 423 West 55th Street, 12th Fl., New York, New York 10019, and BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation (“Lender”), whose address is 200 Park Avenue, New York, New York 10166.

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AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • November 9th, 2006 • Tarragon Corp • Real estate investment trusts • Florida

THIS AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of October 10, 2006, by TARRAGON LUGANO LLC, a Delaware limited liability company, BALLANTRAE TARRAGON LLC, a Florida limited liability company, REFLECTION LAKES TARRAGON, LLC, a Florida limited liability company, OMNI MONTERRA LLC, a Florida limited liability company, YBOR CITY TARRAGON, LLC, a Delaware limited liability company, and MADISON AT PARK WEST TARRAGON, LLC, a South Carolina limited liability company (each a “Mortgagor” and collectively the “Borrower”), whose address is c/o 423 West 55th Street, 12th Fl., New York, New York 10019, in favor of BARCLAYS CAPITAL REAL ESTATE INC., a Delaware corporation, its successors and assigns (“Lender”), whose address is 200 Park Avenue, New York, New York 10166.

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