0001104659-07-047722 Sample Contracts

LOAN AGREEMENT Dated as of June 8, 2007 by and between BEHRINGER HARVARD SANTA CLARA LP as Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP. as Lender
Loan Agreement • June 14th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York

LOAN AGREEMENT dated as of June 8, 2007 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) by and between BEHRINGER HARVARD SANTA CLARA LP, a Delaware limited partnership (“Borrower”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (together with its successors and assigns, “Lender”).

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PROMISSORY NOTE
Behringer Harvard Opportunity REIT I, Inc. • June 14th, 2007 • Real estate investment trusts

FOR VALUE RECEIVED, BEHRINGER HARVARD SANTA CLARA LP, a Delaware limited partnership, having an office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as maker (“Borrower”), hereby unconditionally promises to pay to the order of CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having its place of business at 388 Greenwich Street, 11th Floor, New York, NY 10013, , as payee (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of FIFTY-NINE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($59,500,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable 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 (the “Loan Agreement”). All capitalized terms not defined herein shall have the respective meanings set forth in the

MEZZANINE LOAN AGREEMENT Dated as of June 8, 2007 by and between BEHRINGER HARVARD SANTA CLARA M, LLC as Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP. as Lender
Mezzanine Loan Agreement • June 14th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York

MEZZANINE LOAN AGREEMENT dated as of June 8, 2007 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) by and between BEHRINGER HARVARD SANTA CLARA M, LLC, a Delaware limited liability company (“Borrower”) and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation (together with its successors and assigns, “Lender”).

PLEDGE AND SECURITY AGREEMENT
Pledge and Security Agreement • June 14th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • New York

PLEDGE AND SECURITY AGREEMENT (this “Agreement”), dated as of 8th day of June, 2007 by BEHRINGER HARVARD SANTA CLARA M, LLC, a Delaware limited liability company, having an office at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), in favor of CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having its place of business at 388 Greenwich Street, 11th Floor, New York, NY 10013, as Lender (collectively, with its successors and assigns the “Lender”).

DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
First American • June 14th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts

THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”), is made as of June 8, 2007, by BEHRINGER HARVARD SANTA CLARA LP, a Delaware limited partnership, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as grantor (“Borrower”) to FIRST AMERICAN TITLE INSURANCE COMPANY, having an address at 1737 North First Street, Suite 500 San Jose, Calif. 95112, as trustee (“Trustee”), for the benefit of CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 388 Greenwich Street, Floor 11, New York, New York 10013, as beneficiary (together with its successors and assigns, hereinafter referred to as “Lender”).

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