MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (FLORIDA — REVISION DATE 05-11-2004)Multifamily Mortgage, Assignment of Rents and Security Agreement • July 6th, 2010 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made to be effective as of this 11th day of June, 2010, between 15250 SONOMA DRIVE FEE OWNER, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as mortgagor (“Borrower”), and HOLLIDAY FENOGLIO FOWLER, L.P., a limited partnership organized and existing under the laws of Texas, whose address is 9 Greenway Plaza, Suite 700, Houston, Texas 77046, as mortgagee (“Lender”). Borrower’s organizational identification number, if applicable, is 4732892.
MULTIFAMILY NOTE MULTISTATE — ADJUSTABLE RATE (REVISION DATE 03-31-2010)Multifamily Note • July 6th, 2010 • Behringer Harvard Opportunity REIT II, Inc. • 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 HOLLIDAY FENOGLIO FOWLER, L.P., a Texas limited partnership the principal sum of Nineteen Million Seven Hundred Thousand and 00/100 Dollars (US $19,700,000.00), with interest on the unpaid principal balance as hereinafter provided.
GUARANTY MULTISTATE (for use in all Property jurisdictions except California) REVISION DATE 05/06/2005Guaranty • July 6th, 2010 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
This Guaranty (“Guaranty”) is entered into to be effective as of June 11, 2010, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of HOLLIDAY FENOGLIO FOWLER, L.P., a Texas limited partnership (the “Lender”).
