THE FOLLOWING DOCUMENT IS SUBSTANTIALLY THE SAME FOR THE HUTCHINSON PROPERTY AND THE RIDGELAND PROPERTY WITH THE EXCEPTION OF THE ORIGINAL MEDITRUST INVESTMENT IN THE HUTCHINSON PROPERTY IS $9,600,000 AND THE ORIGINAL MEDITRUST INVESTMENT IN THE...Facility Lease Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
THE FOLLOWING DOCUMENT IS SUBSTANTIALLY THE SAME FOR THE HUTCHINSON PROPERTY AND THE RIDGELAND PROPERTY WITH THE EXEPTION OF THE LESSOR'S AGREEMENT TO FUND THE PROJECT IS NOT TO EXCEED $9,600,000 IN RELATION TO THE HUTCHINSON PROPERTY AND $6,520,000...Leasehold Improvement Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
Right of First Refusal: Lessee shall have the right of first refusal to purchase the Leased Property, at the price and upon the terms set forth in the Lease. Cross Default: The payment and performance of the obligations of Lessee under the Lease are...Memorandum of Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
PROMISSORY NOTE $1,275,000.00 January 15,1997 Boston, Massachusetts FOR VALUE RECEIVED, the undersigned LM Rocky Hill Assisted Living Limited Partnership, a Delaware limited partnership having an address c/o Leggett McCall Companies, 10 Post Office...Promissory Note • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
FIRST AMENDMENT TO LEASE (Allentown Facility) This First Amendment to Lease (Allentown Facility) ("Amendment") is dated as of December 13, 1995, by and between HCPI TRUST, a Maryland real estate investment trust ("Lessor") and EMERITUS CORPORATION, a...Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
SECOND AMENDMENT TO LEASE (ALLENTOWN FACILITY) This Second Amendment to Lease ("Amendment") is dated as of February 13, 1996, by and between HCPI TRUST, a Maryland. real estate investment trust ("Lessor") and EMERITUS CORPORATION, a Washington...Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
LEASE AGREEMENT THIS AGREEMENT (the "Lease") is made and entered into this 10th day of October, 1996 by and between EMERITUS CORPORATION, a Washington corporation ("Tenant"), and LM CHELMSFORD ASSISTED LIVING, LLC, a Massachusetts limited liability...Lease Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Massachusetts
DEED OF TRUST, MORTGAGE AND SECURITY AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS ) THAT, ESC II, L.P., a Washington limited partnership (hereinafter called "GRARZTOR" whether one or more), for and in consideration...Deed of Trust, Mortgage and Security Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT This First Amendment to Purchase and Sale Agreement is entered into effective November 1, 1996, by and between HEARTHSTONE-5K FAMILY LIMITED PARTNERSHIP, a Washington limited partnership ("Seller") and...Purchase and Sale Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
GUARANTY For a valuable consideration, receipt of which is hereby acknowledged, the undersigned, EMERITUS CORPORATION, a Washington corporation (hereinafter called "GUARANTOR"), absolutely, unconditionally and irrevocably guarantees and agrees (a) to...Guaranty Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
FIRST AMENDEMENT TO PURCHASE AND SALE AGREEMENT This Agreement is made and entered into this 11th day of July, 1996, by and between SUNDAY ESTATES, Inc., a Nevada ("Seller"), and EMERITUS CORPORATION, a Washington corporation ("Purchaser"). RECITALS...Purchase and Sale Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
DEED OF TRUST, SECURITY AGREEMENT, FlNANCING STATEMENT AND ASSIGNMENT OF RESIDENT AGREEMENTS AND RENTS (Secunty For Construction And Mini-Pennanent Loan) Grantor (Borrower): Emeritus Properties m, Inc. Grantee (Lender): Ocwen Federal Bank FSB Grantee...Deed of Trust • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
PURCHASE AND SALE AGREEMENT This Agreement is made and entered into this 9th day of July, 1996, by and between SUNDAY ESTATES, INC, a Nevada ("Seller"), and EMERITUS CORPORATION, a Washington corporation ("Purchaser"). PURCHASE AND SALE 1. On the...Purchase and Sale Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Nevada
FIRST AMENDMENT TO LEASE (Painted Post Facility) This First Amendment to Lease (Painted Post Facility) ("Amendment") is dated as of December 13, 1995, by and between HEALTH CAR.E PROPERTY INVESTORS, INC., a Maryland corporation ("Lessor") and PAINTED...Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
SECOND AMENDMENT TO LEASE (LATROBE FACILITY) This Second Amendment to Lease ("Amendment") is dated as of February 13, 1996, by and between HCPI TRUST, a Maryland real estate investment trust ("Lessor") and EMERITUS CORPORATION, a Washington...Lease Amendment • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
LOAN AGREEMENT THIS LOAN AGREEMENT (this "Agreement") is made as of the 30th day of January, 1997, by and between EMERITUS PROPERTIES m, INC., a Washington corporation ("Borrower"), and OCWEN FEDERAL BANK FSB, a federally chartered savings bank...Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Washington
FIRST AMENDMENT TO LEASE This First Amendment to Lease (the "Amendment") is entered into as of December 31, 1996, by and between AHP OF WASHINGTON, INC., a Washington corporation ("Landlord") and EMERITUS CORPORATION, a Washington corporation...Lease Amendment • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
GUARANTY AGREEMENT THIS GUARANTY AGREEMENT is made effective as of the 30th day of January, 1997, by the undersigned (hereinafter referred to collectively as "Guarantor", whether one or more) in favor of RMI CAPITAL MANAGEMENT CO. , whose address is...Guaranty Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Idaho
LOAN AGREEMENT THIS LOAN AGREEMENT is dated as of December 31, 1996, by and between EMERITUS CORPORATION, a Washington corporation ("Borrower"), and BANK UNITED, a federal savings bank ("Lender"). Borrower has requested Lender to make two certain...Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Texas
DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT (Construction Loan) THIS DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT ("Deed of Trust") is made this 30th day of January, 1997, between...Deed of Trust • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Idaho
PROMISSORY NOTE (Auburn) $ 1,255,000.00 December 3, 1996 Boston, Massachusetts FOR VALUE RECEIVED, the undersigned LM Auburn Assisted Living LLC, a Massachusetts limited liability company having an address c/o Leggett McCall Companies, 10 Post Office...Promissory Note • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
CONSTRUCTION LOAN AGREEMENT RECITALS : RMI CAPITAI. MANAGEMENT CO., (the "Lender") has agreed to make a loan in the amount of up to Five Million Eighty Thousand Eighty-Two and 39/100 Dollars ($5,080,082.39) (the "Loan") to EMERITUS PROPERTIES II, INC....Construction Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Idaho
CONSTRUCTION LOAN AGREEMENT THIS AGREEMENT made and entered into as of the 26th day of November,1996 by and between ESC II, L.P., a Washington limited partnership (hereinafter called "BORROWER"), and GMAC COMMERCIAL MORTGAGE CORPORATION, a California...Construction Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Texas
Federal Way) FIRST AMENDMENT TO FACILITY LEASE AGREEMENT This FIRST AMENDMENT TO FACILITY LEASE AGREEMENT ("Amendment") is dated as of the 31st day of December,1996 and is between MEDITRUST ACQUISITION CORPORATION I ("Lessor"), a Massachusetts...Facility Lease Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
SECOND AMENDMENT TO LEASE (PAINTED POST FACILITY) This Second Amendment to Lease ("Amendment") is dated as of June 24, 1996, by and between HEALTH CARE PROPERTY INVESTORS, INC. , a Maryland corporation ("Lessor") and PAINTED POST PARTNERSHIP, a...Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
MORTGAGE AND SECURITY AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: that EMERITUS CORPORATION, a Washington corporation, also d/b/a Madison Glen ("Mortgagor"), in consideration of Ten and no/100 Dollars ($10.00) in hand paid and of the debt...Mortgage and Security Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Texas
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING (FINANCING STATEMENT) Dated and effective as of December 31, 1996 byDeed of Trust • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Texas
FIRST AMENDMENT TO PAINTED POST PARTNERS PARTNERSHIP AGREEMENT This Agreement is made and entered into as of the 22nd day of October, 1996 by and between DANIEL R. BATY ("Baty") and RAYMOND R. BRANDSTROM ("Brandstrom") each of whom does hereby agree...Partnership Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
LOAN AGREEMENT THIS LOAN AGREEMENT ("Agreement") is entered into as of the 10th day of January, 1997, by and between FlNOVA Capital Corporation, a Delaware corporation ("Lender") and Fairfield Retirement Center, LLC, a California limited liability...Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Arizona
AGREEMENT TO PURGHASE CONSTRUCTION LOAN THIS AGREEMENT TO PURCHASE CONSTRUCTION LOAN (this "Agreement") is made effective as of the 30th day of January, 1997, by and between RMI CAPITAL MANAGEMENT CO., whose address is 3773 Cherry Creek North Drive,...Construction Loan Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Colorado
GUARANTEE MODIFICATION AGREEMENT GUARANTEE MODIFICATION AGREEMENT (this "AGREEMENT") dated as of the 28th day of September, 1995, by and among DANIBL R. HATY, an individual having an address c/o Columbia Pacific Management, Inc., 2003 Western Avenue,...Guarantee Modification Agreement • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
ADDENDUM TO ALL-INCLUSIVE DEED OF TRUST AND ASSIGNMENT OF RENTS This Addendum is attached to and forms a part of that certain All-Inclusive Deed of Trust and Assignment of Rents dated __________ executed by EMERITUS CORPORATION, a Washington...All-Inclusive Deed of Trust and Assignment of Rents • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
SECOND AMENDMENT TO LEASE ROOSEWOOD COURT FACILITY This Second Amendment to Lease ("Second Amendment") is dated as of December 30, 1996 by and between HEALTH CARE PROPERTY INVESTORS, INC., Maryland corporations ("Lessor") and EMERITUS CORPORATION, a...Lease • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
RECORDING REQUESTED BY and when recorded mail to: Randall S. Dalton, Esq. Gammage & Burnham P.L.C. Two North Central Avenue, 18th Floor Phoenix, Arizona 85004 805941 TC DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE...Deed of Trust • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities • Arizona
AMENDMENT TO LEASE (Heritage Health Center Facility) This First Amendment to Lease ("Amendment") is dated as of March 29, 1996 by and between HEALTH CARE PROPERTY INVESTORS, INC. , a Maryland corporation ("Lessor") and EMERITUS CORPORATION, a...Lease Amendment • March 31st, 1997 • Emeritus Corp\wa\ • Services-nursing & personal care facilities
