0001104659-06-056767 Sample Contracts

FIXED RATE NOTE
Loan Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

FOR VALUE RECEIVED, A S 60 HWY 75 LOY LAKE, L.P., a Texas limited partnership (hereinafter referred to as “Borrower”), promises to pay to the order of JPMORGAN CHASE BANK, a New York banking corporation, 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 THIRTY-NINE MILLION SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($39,650,000) 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 [hereinafter defined]), and to be paid in installments as set forth below. Unless otherw

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GUARANTY
Guaranty • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

THIS GUARANTY (“Guaranty”) is executed as of June , 2006, by MINTO BUILDERS (FLORIDA), INC., a Florida corporation (“Guarantor”), for the benefit of WELLS FARGO BANK, N.A., as Trustee under that certain Pooling and Servicing Agreement dated as of November 23, 2004, for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2004-CIBC10 (“Lender”).

DEED OF TRUST AND SECURITY AGREEMENT
Deed of Trust and Security Agreement • August 23rd, 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 15th day of June, 2004, by A-S 60 HWY 75-LOY LAKE, L.P., a Texas limited partnership, having its principal place of business at c/o NewQuest Properties, 8807 W. Sam Houston Parkway N., Suite 200, Houston, Texas 77040 (“Borrower”), to RENO HARTFIEL, an individual, having an address at 712 Main Street, Suite 2000E, Houston, Texas 77002 (“Trustee”), for the benefit of JPMORGAN CHASE BANK, a New York banking corporation, having its principal place of business at 270 Park Avenue, New York, New York 10017, as beneficiary (“Lender”).

CLOSING AGREEMENT (Sherman Town Center)
Closing Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Texas
OF PURCHASE AND SALE AGREEMENT
Assignment and Assumption of Purchase and Sale Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

This ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (this “Assignment”) is made and entered into this day of August, 2006 by Inland Real Estate Acquisitions, Inc., an Illinois Corporation, (“Assignor”), and MB Minneapolis 8th Street, L.L.C., a Delaware limited liability company, (“Assignee”).

ASSIGNMENT
Assignment Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

For value received, Minto Builders (Florida), Inc., hereby transfers, sets over and assigns all its rights and interest in and to that certain real estate purchase agreement dated May 18, 2005 (the “Purchase Agreement”), for the property listed therein, located within the State of Texas, and more particularly described in such agreement, to MB Sherman Town Center Limited Partnership.

ASSUMPTION AGREEMENT
Assumption Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts

THIS ASSUMPTION AGREEMENT (this “Agreement”) is entered into as of this day of August, 2006 by and among 80 SOUTH EIGHTH L.L.C., a Delaware limited liability company (“Assignor”); MB MINNEAPOLIS 8TH STREET, L.L.C., a Delaware limited liability company (“Assignee”); MINTO BUILDERS (FLORIDA), INC., a Florida corporation (“New Guarantor”); JBC OPPORTUNITY FUND II, L.P., a Delaware limited partnership (“Old Guarantor”) and TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation (“Lender”), with reference to the following facts.

GUARANTY OF BORROWER’S RECOURSE LIABILITIES
Guaranty of Borrower’s Recourse Liabilities • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • New York
AGREEMENT OF PURCHASE AND SALE between as SELLER, and INLAND REAL ESTATE ACQUISITIONS, INC., an Illinois corporation as BUYER Dated: June 29, 2006
Purchase and Sale Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Minnesota

This Agreement, dated as of June 29, 2006, is between 80 South Eighth, L.L.C., a Delaware limited liability company (“Seller”), and Inland Real Estate Acquisitions, Inc., an Illinois corporation (“Buyer”).

This instrument prepared by and when recorded, return to: Kilpatrick Stockton LLP
Assumption and Release Agreement • August 23rd, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts
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