0000950144-06-008842 Sample Contracts

NOTE
Windrose Medical Properties Trust • September 15th, 2006 • Real estate investment trusts • Ohio

This Note is given pursuant to the Loan Agreement of even date between Borrower and Lender, as amended from time to time (“Loan Agreement”) and is subject to the provisions thereof. The definitions in the Loan Agreement shall be applicable to any capitalized terms herein that are not otherwise defined. If there is any conflict between the terms of the Loan Agreement and the terms of this Note, the provisions of the Loan Agreement shall control.

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FORM OF MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING
Mortgage, Security Agreement • September 15th, 2006 • Windrose Medical Properties Trust • Real estate investment trusts

THIS MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING (“Mortgage”) is made and entered into effective as of September 12, 2006 (the “Effective Date”) by WINDROSE MEDICAL PROPERTIES, L.P., a limited partnership organized under the laws of the State of Virginia (“Borrower”), having its chief executive office at 3502 Woodview Trace, Suite 210, Indianapolis, Indiana 46268 in favor of HEALTH CARE REIT, INC., a corporation organized under the laws of the State of Delaware (“Lender”), having its principal office at One SeaGate, Suite 1500, P. O. Box 1475, Toledo, Ohio 43603-1475.

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