MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (COLORADO – REVISION DATE 05-11-2004)And Security Agreement • November 4th, 2011 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made to be effective this 31st day of August, 2011, by EMERIKEYT LO OF BROADMOOR LLC, a limited liability company, organized and existing under the laws of Delaware, whose address is c/o Emeritus Corporation, 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121, as trustor (“Borrower”), to the Public Trustee of El Paso County, as trustee (“Trustee”), for the benefit of KEYCORP REAL ESTATE CAPITAL MARKETS, INC., a corporation, organized and existing under the laws of Ohio, whose address is 11501 Outlook Street, Suite 300, Overland Park, Kansas 66211, as beneficiary (“Lender”). Borrower's organizational identification number, if applicable, is 4532265.
THIRD AMENDMENT TO LOAN AGREEMENT (Amended and Restated)Loan Agreement • November 4th, 2011 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
This Third Amendment to Loan Agreement (Amended and Restated) (this "Third Amendment") is effective as of this 1st day of July, 2011, by and between by FRETUS INVESTORS EL PASO LP, a Delaware limited partnership (together with the respective successors and assigns, (“Borrower”), and CAPMARK BANK, a Utah industrial bank (together with its successors and assigns, “Lender”).
THIRD AMENDMENT TO PROMISSORY NOTEPromissory Note • November 4th, 2011 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
THIS THIRD AMENDMENT TO PROMISSORY NOTE (this “Third Amendment”) is executed as of the 1st day of July, 2011 (the “Effective Date”), by and between PHNTUS LO JOLIET SCU LLC, a Delaware limited liability company, having an address at 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121 (the “Borrower”), and CAPMARK BANK, a Utah industrial bank, having an address at 6955 Union Park Center, Suite 330, Midvale, Utah 84047, together with its successors and assigns (the “Lender”).
SECOND AMENDMENT TO PROMISSORY NOTEPromissory Note • November 4th, 2011 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
THIS SECOND AMENDMENT TO PROMISSORY NOTE (this “Second Amendment”) is executed as of the 1st day of July, 2011 (the “Effective Date”), by and between the four (4) undersigned limited liability companies and limited partnerships, having an address at 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121 (collectively, the “Borrower”), and CAPMARK BANK, a Utah industrial bank, having an address at 6955 Union Park Center, Suite 330, Midvale, Utah 84047, together with its successors and assigns (the “Lender”).
MULTIFAMILY NOTEEmeritus Corp\wa\ • November 4th, 2011 • Services-nursing & personal care facilities
FOR VALUE RECEIVED, EMERIVISTA LLC, a Delaware limited liability company (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 OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company, the principal sum of Six Million Seventy-Five Thousand and No/100 Dollars ($6,075,000.00), with interest on the unpaid principal balance, as hereinafter provided.
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • November 4th, 2011 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
This Second Amendment to Loan Agreement (this "Second Amendment") is effective as of this 1st day of July, 2011, by and between by and among the four (4) Delaware limited liability companies or limited partnerships listed on Schedule A attached hereto and made a part hereof (together with their respective successors and assigns, the “Borrowers”, and individually, a “Borrower”), and CAPMARK BANK, a Utah industrial bank (together with its successors and assigns, “Lender”).
SECOND AMENDMENT TO PROMISSORY NOTE (AMENDED AND RESTATED)Emeritus Corp\wa\ • November 4th, 2011 • Services-nursing & personal care facilities
THIS SECOND AMENDMENT TO PROMISSORY NOTE (AMENDED AND RESTATED) (this “Second Amendment”) is executed as of the 1st day of July, 2011 (the “Effective Date”), by and between FRETUS INVESTORS LP, a Delaware limited partnership, having an address at 3131 Elliott Avenue, Suite 500, Seattle, Washington 98121 (the “Borrower”), and CAPMARK BANK, a Utah industrial bank, having an address at 6955 Union Park Center, Suite 330, Midvale, Utah 84047, together with its successors and assigns (the “Lender”).
