0001104659-06-043861 Sample Contracts

DEVELOPMENT OPTION AGREEMENT
Development Option Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

This is an agreement made effective as of June 21, 2006, between W&G Partnership, Ltd., Desta Three Partnership, Ltd., and Desta Six Partnership, Ltd. (herein together referred to as “Owner”), and BEHRINGER HARVARD HOLDINGS, LLC, a Delaware limited liability company (“Harvard”).

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ASSIGNMENT OF LEASES AND RENTS made by BEHRINGER HARVARD TERRACE LP, Assignor in favor of LEHMAN BROTHERS BANK, FSB Assignee Dated as of June 21, 2006
Assignment of Leases and Rents • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) dated and effective as of the ____ day of June, 2006 made by BEHRINGER HARVARD TERRACE LP, a Delaware limited partnership having an address at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Assignor”) to LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, (together with its successors and assigns, hereinafter referred to as “Assignee”), having an address at 1000 West Street, Suite 200, Wilmington, Delaware 19801.

PURCHASE AND SALE AGREEMENT by and between DESTA ONE PARTNERSHIP, LTD, a Texas limited partnership; DESTA TWO PARTNERSHIP, LTD, a Texas limited partnership; and DESTA FIVE PARTNERSHIP, LTD, a Texas limited partnership; and HARVARD PROPERTY TRUST, LLC...
Purchase and Sale Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

(all of the above-named sellers hereinafter collectively referred to as “Seller”), and Harvard Property Trust, LLC, a Delaware limited partnership (“Buyer”).

GUARANTY made by BEHRINGER HARVARD REIT I, INC. as Guarantor, in favor of LEHMAN BROTHERS BANK, FSB Dated as of June 21, 2006
Guaranty • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York

This GUARANTY (this “Guaranty”), dated as of June 21, 2006, made by BEHRINGER HARVARD REIT I, INC. a Maryland corporation (“Behringer REIT”), having an address at Behringer Harvard Holdings, LLC, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, (Behringer REIT is sometimes herein referred to as the “Guarantor”), in favor of LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, (together with its successors and assigns, hereinafter referred to as “Lender”), having an address at 600 Steamboat Road, Greenwich, Connecticut 06830.

AMENDED AND RESTATED FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

This AMENDED AND RESTATED FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “First Amendment”) is made to be effective as of May 23, 2006, by and among DESTA ONE PARTNERSHIP, LTD., a Texas limited partnership, DESTA TWO PARTNERSHIP, LTD., a Texas limited partnership, and DESTA FIVE PARTNERSHIP, LTD., a Texas limited partnership (collectively, “Seller”) and HARVARD PROPERTY TRUST, LLC, a Delaware limited partnership (“Buyer”).

AGREEMENT CONCERNING DEVELOPMENT RIGHTS
Development Rights Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas

THIS AGREEMENT CONCERNING DEVELOPMENT RIGHTS (this “Agreement”) is dated effective June 21, 2006, by and between BEHRINGER HARVARD OPERATING PARTNERSHIP I LP, a Texas limited partnership (“BHOP”) and BEHRINGER HARVARD HOLDINGS, LLC, a Delaware limited liability company (“BHH”).

LOAN AGREEMENT Dated as of June 21, 2006 Between BEHRINGER HARVARD TERRACE LP as Borrower And LEHMAN BROTHERS BANK, FSB as Lender
Loan Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • New York

LOAN AGREEMENT dated as of June 21, 2006 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) between BEHRINGER HARVARD TERRACE LP, a Delaware limited partnership, having an office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (together with its permitted successors and assigns, “Borrower”), and LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, a Delaware corporation (together with its successors and assigns, “Lender”).

DEED OF TRUST AND SECURITY AGREEMENT
Deed of Trust and Security Agreement • June 27th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts
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