0001104659-06-079817 Sample Contracts

LOAN AGREEMENT Dated as of November 30, 2006 Between
Loan Agreement • December 6th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts
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ASSIGNMENT OF LEASES AND RENTS Dated: As of November 30, 2006
Assignment of Leases and Rents • December 6th, 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 November, 2006, by BEHRINGER HARVARD 945 EAST PACES FERRY ROAD, 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 KEYBANK NATIONAL ASSOCIATION, a national association, having its principal place of business at 911 Main Street, Suite 1500, Kansas City, Missouri 64105 (together with its successors and/or assigns, “Lender”).

GUARANTY AGREEMENT
Guaranty Agreement • December 6th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS GUARANTY AGREEMENT (this “Guaranty”) is executed as of November 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 KEYBANK NATIONAL ASSOCIATION, a national association, having an office at 911 Main Street, Suite 1500, Kansas City, MO 64105 (together with its successors and/or assignors “Lender”).

REINSTATEMENT OF AND SECOND AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENT
Sale, Purchase and Escrow Agreement • December 6th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

This REINSTATEMENT OF AND SECOND TO AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENT (this “Amendment”) is dated as of the 20th day of October, 2006, by and between NORTH ATLANTA REALTY ACQUISITION COMPANY, INC., a Delaware corporation (“Seller”), and HARVARD PROPERTY TRUST, LLC, a Delaware limited liability company (“Buyer”).

REINSTATEMENT OF AND FIRST AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENT
Sale, Purchase and Escrow Agreement • December 6th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

This REINSTATEMENT OF AND FIRST AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENT (this “Amendment”) is dated as of the 16th day of October, 2006, by and between NORTH ATLANTA REALTY ACQUISITION COMPANY, INC., a Delaware corporation (“Seller”), and HARVARD PROPERTY TRUST, LLC, a Delaware limited liability company (“Buyer”).

FEE AND LEASEHOLD DEED TO SECURE DEBT AND SECURITY AGREEMENT
Fee and Leasehold Deed to Secure Debt and Security Agreement • December 6th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS FEE AND LEASEHOLD DEED TO SECURE DEBT AND SECURITY AGREEMENT (this “Security Instrument”) is made as of this 30th day of November, 2006, by BEHRINGER HARVARD 945 EAST PACES FERRY ROAD, 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 grantor (“Borrower”) for the benefit of KEYBANK NATIONAL ASSOCIATION, a national association, having its principal place of business at 911 Main Street, Suite 1500, Kansas City, Missouri 64105, as mortgagee (together with its successors and/or assignors “Lender”).

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