GUARANTY AGREEMENTGuaranty Agreement • September 12th, 2007 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings
This GUARANTY AGREEMENT (this “Guaranty”) is made as of the day of September, 2007, by BEHRINGER HARVARD SHORT-TERM OPPORTUNITY FUND I LP, a Texas limited partnership (singly or collectively, “Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, “Administrative Agent”), as Administrative Agent on behalf of itself and each lender from time to time made a party to the Loan Agreement (collectively, the “Lenders”).
Loan Agreement among Behringer Harvard Mockingbird Commons, LLC, as Borrower and Bank of America, N.A., as Administrative Agent and Letter of Credit Issuing Lender and The Other Financial Institutions Party Hereto Dated as of September , 2007 Banc of...Loan Agreement • September 12th, 2007 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings
THIS LOAN AGREEMENT (“Agreement”) is made by and among each lender from time to time a party hereto (individually, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association as Administrative Agent and L/C Issuer, and BEHRINGER HARVARD MOCKINGBIRD COMMONS, LLC, a Delaware limited liability company (“Borrower”), who agree as follows:
DEED OF TRUST NOTEDeed of Trust Note • September 12th, 2007 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings
FOR VALUE RECEIVED, BEHRINGER HARVARD MOCKINGBIRD COMMONS, LLC, a Delaware limited liability company (“Borrower”), hereby promises to pay to the order of BANK OF AMERICA, N.A., a national banking associations (“Lender”), under that certain Loan Agreement (defined below) among Borrower, Bank of America, N.A. (together with any and all of its successors and assigns, “Administrative Agent”), as agent for the benefit of the lenders from time to time a party to that certain Loan Agreement (the “Loan Agreement”) dated of even date herewith, without offset, in immediately available funds in lawful money of the United States of America, at the Administrative Agent’s Office as defined in the Loan Agreement, the principal sum of FORTY-TWO MILLION AND NO/100 DOLLARS ($42,000,000.00) (or the unpaid balance of all principal advanced against this Note, if that amount is less), together with interest on the unpaid principal balance of this Note from day to day outstanding as hereinafter provided.
ASSIGNMENT OF RENTS, LEASES AND RECEIVABLESAssignment of Rents, Leases and Receivables • September 12th, 2007 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings • Texas
THIS ASSIGNMENT OF RENTS, LEASES AND RECEIVABLES (this “Assignment”) made as of the day of September, 2007, by BEHRINGER HARVARD MOCKINGBIRD COMMONS, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as assignor (“Borrower”) to BANK OF AMERICA, N.A., a national banking association, as Administrative Agent (“Administrative Agent”) on behalf of itself and certain other Lenders (herein so called) having an address of 901 Main Street, 21st Floor, Dallas, Texas 75201, as assignee.
