0000950144-08-001515 Sample Contracts

AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • February 29th, 2008 • Post Properties Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT (the “Agreement”) is made and entered into on this ___day of ___, 2008, by and among ___(the “Executive”), and POST PROPERTIES, INC., POST APARTMENT HOMES, L.P., and POST SERVICES, INC., and amends, restates and supersedes the Change in Control Agreement among Executive and Post Properties, Inc., dated September 2001, as amended (the “2001 Agreement”).

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AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT
Change in Control Agreement • February 29th, 2008 • Post Properties Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED CHANGE IN CONTROL AGREEMENT (the “Agreement”) is made and entered into on this ___day of ___, 2008, by and among ___(the “Executive”), and POST PROPERTIES, INC., POST APARTMENT HOMES, L.P., and POST SERVICES, INC., and amends, restates and supersedes the Change in Control Agreement among Executive and Post Properties, Inc., dated July 25, 2003 (the “2003 Agreement”).

MULTIFAMILY NOTE MULTISTATE — FIXED TO FLOAT (REVISION DATE 03-30-2006)
Post Properties Inc • February 29th, 2008 • Real estate investment trusts

FOR VALUE RECEIVED, the undersigned (together with such party’s or parties’ successors and assigns, “Borrower”), jointly and severally (if more than one) promises to pay to the order of DEUTSCHE BANK BERKSHIRE MORTGAGE, INC., d/b/a DB Berkshire Mortgage, Inc., a Delaware corporation, the principal sum of One Hundred Twenty Million and 00/100 Dollars (US $120,000,000.00), with interest on the unpaid principal balance, as hereinafter provided.

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