0001104659-06-052565 Sample Contracts

FIXED RATE NOTE
Loan Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

FOR VALUE RECEIVED, A-S 46 HWY 290-SPRING CYPRESS, L.P., a Texas limited partnership (hereinafter referred to as “Borrower”), promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of SIX MILLION ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($6,125,000.00) in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Rate (hereinafter defined) at all times prior to the occurrence of an Event of Default (as defined in the Security Instrument), and to be paid in install

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GUARANTY
Guaranty • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

THIS GUARANTY (“Guaranty”) is executed as of December 20, 2004, by STEVEN D. ALVIS, KYLE D. LIPPMAN, DAVID R. KLEIN and JAY K. SEARS, each individuals (singularly and collectively referred to as “Guarantor”), for the benefit of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America (“Lender”).

DEED OF TRUST AND SECURITY AGREEMENT
Deed of Trust and Security Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

THIS DEED OF TRUST AND SECURITY AGREEMENT (this “Security Instrument”) is made as of the 20 day of December, 2004, by A-K-S 75 NEC SPRING TOWN CENTER, L.P., a Texas limited partnership, having its principal place of business c/o NewQuest Properties, 8807 W. Sam Houston Parkway N., Suite 200, Houston, Texas 77040 (“Borrower”), to KIM SOBIESKI, an individual, having an address at American Title Company of Houston, 4400 Post Oak Parkway, Suite 1900, Houston, Texas 77027 (“Trustee”), for the benefit of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America, having its principal place of business at 270 Park Avenue, New York, New York 10017, as beneficiary (“Lender”).

CLOSING AGREEMENT (Cy-Fair Town Center)
Closing Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Texas

THIS CLOSING AGREEMENT (this “Agreement”) made as of July 21, 2006 (the “Effective Date”), by and between A-S 46 HWY 290-SPRING CYPRESS, L.P., a Texas limited partnership (“Seller”), and MB CYPRESS CYFAIR LIMITED PARTNERSHIP, an Illinois limited partnership (“Purchaser”).

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Assumption and Release Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
AGREEMENT OF PURCHASE AND SALE
Purchase and Sale Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”), dated July 5th, 2006, is entered into by and between VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership (“Seller”); and INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation (“Buyer”).

POST CLOSING AND INDEMNITY AGREEMENT
Post Closing and Indemnity Agreement • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

This Post Closing and Indemnity Agreement (“Agreement”) is dated as of this 25th day of July, 2006 by and among MB Herndon, L.L.C., a Delaware limited liability company (“Purchaser” which for purposes of this Agreement shall also include its successors and assigns), and Valley View Associates Limited Partnership (“Seller”), in connection with the acquisition of Dulles Executive Center, located in Hemdon, Virginia (the “Property”) as defined in that certain Agreement of Purchase and Sale dated July 6, 2006 (the “Contract”), as amended, by and between Seller and Inland Real Estate Acquisitions, Inc. (“IREA”).

ASSIGNMENT
Assignment • August 8th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

This Assignment is made as of the 25th day of July, 2006 by INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation (“Assignor”) to and for the benefit of MB Herndon, L.L.C., a Delaware limited liability company (“Assignee”).

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