0001104659-06-071260 Sample Contracts

LOAN AGREEMENT Dated as of October 30, 2006 Between
Loan Agreement • November 3rd, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts
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GUARANTY AGREEMENT
Guaranty Agreement • November 3rd, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS GUARANTY AGREEMENT (this “Guaranty”) is executed as of October 30, 2006, by BEHRINGER HARVARD REIT I, INC., a Maryland corporation, having an address c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (whether one or more 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, having an office at 270 Park Avenue, New York, New York 10017 (“Lender”).

ASSIGNMENT OF LEASES AND RENTS
Assignment of Leases and Rents • November 3rd, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) made as of the 30th day of October, 2006, by BEHRINGER HARVARD THREE PARKWAY, LLC, a Delaware limited liability company, as assignor, having its principal place of business c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”) to 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 (“Lender”).

PROMISSORY NOTE
Promissory Note • November 3rd, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

FOR VALUE RECEIVED, BEHRINGER HARVARD THREE PARKWAY, LLC, a Delaware limited liability company, as maker, having its principal place of business c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), hereby unconditionally 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, having an office at 270 Park Avenue, New York, New York 10017 (“Lender”), or at such other place as the holder hereof may from time to time designate in writhing, the principal sum of Sixty-Seven Million One Hundred Twenty-Five Thousand and No/100 Dollars ($67,125,000), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Interest Rate, and to be paid in accordance with the terms of this Note and that certain Loan Agreement, dated the date hereof, between Borrower and Lender (as the same may hereafter be amended, restated, r

OPEN-END MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
Open-End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • November 3rd, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS OPEN-END MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 30th day of October, 2006, by BEHRINGER HARVARD THREE PARKWAY, LLC, a Delaware limited liability company, having its principal place of business c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as mortgagor (“Borrower”) 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 grantee (“Lender”).

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