BETWEENLease Agreement • November 7th, 2003 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Mississippi
RECITALSPurchase and Sale Agreement • November 7th, 2003 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Washington
This Second Amendment to Lease Agreement ("Second Amendment") is made effective as of June 30, 2003 (the "Effective Date") by and between HCRI EDDY POND PROPERTIES TRUST, a business trust organized under the laws of the State of Massachusetts...Lease Agreement • November 7th, 2003 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
hcri\Emeritus-SPE\mortgage\Louisville - 27 - 8/25/03 hcri\Emeritus- SPE\mortgage\Louisville 8/25/03 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO AND THIS INSTRUMENT PREPARED BY: LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND...Emeritus Corp\wa\ • November 7th, 2003 • Services-nursing & personal care facilities
THIS LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, FINANCING STATEMENT AND FIXTURE FILING ("Mortgage") is made and entered into effective as the 28th day of August, 2003 (the "Effective Date") by EMERITUS CORPORATION, a corporation organized under the laws of the State of Washington ("Mortgagor"), having its chief executive office at 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121, in favor of HEALTH CARE REIT, INC., a corporation organized under the laws of the State of Delaware ("Mortgagee"), having its principal office at One SeaGate, Suite 1500, P.O. Box 1475, Toledo, Ohio 43603-1475. A. Mortgagor is the owner of a leasehold interest in the Real Property (defined below). Mortgagor intends to operate, directly or through its subsidiaries, an assisted living facility, as described on Exhibit C, attached hereto and made a part hereof, at the Real Property (the "Facility") and is the tenant of the Facility pursuant to a Lease Agreement between HCRI S
NOTEEmeritus Corp\wa\ • November 7th, 2003 • Services-nursing & personal care facilities
$3,100,000.00 August 28, 2003 Seattle, Washington FOR VALUE RECEIVED, EMERITUS CORPORATION, a corporation organized under the laws of the State of Washington ("Borrower"), shall pay to the order of HEALTH CARE REIT, INC., a corporation organized under the laws of the State of Delaware ("Lender"), the principal sum of Three Million One Hundred Thousand Dollars ($3,100,000.00), or so much thereof as shall have been advanced to Borrower, with interest on so much thereof as shall from time to time be outstanding at the rate of interest set forth below, until fully paid. 1. Definitions. ----------- "Business Day" means any day which is not a Saturday or Sunday or a public holiday under the laws of the United States of America or the State of Ohio. "Closing Date" means the date of the first disbursement of proceeds under this Note. "Collateral Document" means the Mortgage and any other document providing security for or guarantee of repayment of this Note. "Commencement Date" means [i] the C
LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, FINANCING STATEMENT AND FIXTURE FILING THIS LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, FINANCING STATEMENT AND FIXTURE FILING ("Mortgage") is made and...Leasehold Mortgage, Security Agreement • November 7th, 2003 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
THIS LEASEHOLD MORTGAGE, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, FINANCING STATEMENT AND FIXTURE FILING ("Mortgage") is made and entered into effective as the 28th day of August, 2003 (the "Effective Date") by EMERITUS CORPORATION, a corporation organized under the laws of the State of Washington ("Mortgagor"), having its chief executive office at 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121, in favor of HEALTH CARE REIT, INC., a corporation organized under the laws of the State of Delaware ("Mortgagee"), having its principal office at One SeaGate, Suite 1500, P.O. Box 1475, Toledo, Ohio 43603-1475. A. Mortgagor is the owner of a leasehold interest in the Real Property (defined below). Mortgagor intends to operate, directly or through its subsidiaries, an assisted living facility, as described on Exhibit C, attached hereto and made a part hereof, at the Real Property (the "Facility") and is the tenant of the Facility pursuant to a Lease Agreement between HCRI E
NOTEEmeritus Corp\wa\ • November 7th, 2003 • Services-nursing & personal care facilities
$4,400,000.00 August 28, 2003 Seattle, Washington FOR VALUE RECEIVED, EMERITUS CORPORATION, a corporation organized under the laws of the State of Washington ("Borrower"), shall pay to the order of HEALTH CARE REIT, INC., a corporation organized under the laws of the State of Delaware ("Lender"), the principal sum of Four Million Four Hundred Thousand Dollars ($4,400,000.00), or so much thereof as shall have been advanced to Borrower, with interest on so much thereof as shall from time to time be outstanding at the rate of interest set forth below, until fully paid. 1. Definitions. ----------- "Business Day" means any day which is not a Saturday or Sunday or a public holiday under the laws of the United States of America or the State of Ohio. "Closing Date" means the date of the first disbursement of proceeds under this Note. "Commencement Date" means [i] the Closing Date if the Closing Date occurs on the first day of a month or [ii] the first day of the month after the Closing Date if
