0001047469-11-003004 Sample Contracts

FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT
Fourth Loan Modification and Extension Agreement • March 31st, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of November 15, 2010, by and among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (“Administrative Agent”) on behalf of itself and certain other Lenders (herein so called) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75202 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL L.P., a Delaware limited partnership (“Kingsdell Guarantor”, together with payment Guarantor, referred to herein as “Guarantor”).

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SECOND LOAN MODIFICATION AND EXTENSION AGREEMENT
Second Loan Modification and Extension Agreement • March 31st, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS SECOND LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of November 15, 2010, by and among CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (“Administrative Agent”) on behalf of itself and certain other Lenders (herein so called) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75202 Attention: Real Estate Loan Administration, BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL, L.P., a Delaware limited partnership (“Kingsdell Guarantor”), with payment Guarantor, referred to herein as “Guarantor”).

PLEDGE AND SECURITY AGREEMENT
Pledge and Security Agreement • March 31st, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of March 29 2011, is made by and between Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Pledgor”), and Behringer Harvard Holdings, LLC, a Delaware limited liability company (the “Lender”).

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