SUPPLEMENT TO CONTRIBUTION AGREEMENT BETWEEN FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership, AS TRANSFEROR AND BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership AS TRANSFEREE As of August 3, 2007Supplement to Contribution Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS SUPPLEMENT TO CONTRIBUTION AGREEMENT (this “Supplement”) is made to be effective as of this 3rd day of August 2007, by and between FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership (“Transferor”), and BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership (“Transferee”).
CONTRIBUTION AGREEMENT BETWEEN FRISCO SQUARE LAND, LTD., a Texas limited partnership, FRISCO SQUARE PROPERTIES, LTD., a Texas limited partnership, FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership, AND FRISCO SQUARE B1-7, F1-10, LTD., a...Contribution Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS CONTRIBUTION AGREEMENT (the “Agreement”) is made to be effective as of this 3rd day of August 2007, by and between FRISCO SQUARE LAND, LTD., a Texas limited partnership, FRISCO SQUARE PROPERTIES, LTD., a Texas limited partnership, FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership, and FRISCO SQUARE B1-7, F1-10, LTD., a Texas limited partnership (collectively “Transferor”), and BEHRINGER HARVARD FRISCO SQUARE LP, a Delaware limited partnership (“Transferee”).
GuarantyGuaranty • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS GUARANTY (this “Guaranty”) is made and entered into effective as of the 3rd day of August 2007, by Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (“Guarantor”) for the benefit of Comerica Bank (“Lender”).
COLLATERAL ASSIGNMENT OF CONTRACTS AND PLANS AND OTHER AGREEMENTS AFFECTING REAL ESTATECollateral Assignment of Contracts and Plans and Other Agreements Affecting Real Estate • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS COLLATERAL ASSIGNMENT OF CONTRACTS AND PLANS AND OTHER AGREEMENTS AFFECTING REAL ESTATE (this “Assignment”) made this 8th day of March, 2007 by FRISCO SQUARE Fl-1, LTD., a Texas limited partnership (“Assignor”), to COMPASS BANK (“Assignee”),
PROPERTY MANAGEMENT SUBCONTRACTProperty Management Subcontract • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This PROPERTY MANAGEMENT SUBCONTRACT (this “Agreement”) is made and entered into as of the 3rd day of August 2007 (the “Effective Date”), by and between HPT MANAGEMENT SERVICES LP, a Texas limited partnership (the “Manager”), and FRISCO SQUARE DEVELOPMENT, LTD., a Texas limited partnership (the “Subcontractor”).
DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING AND ASSIGNMENT OF LEASES AND RENTSDeed of Trust • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THAT, FRISCO SQUARE Fl-1, LTD., a Texas limited partnership (“Grantor”), for and in consideration of the sum of Ten Dollars ($10.00) to Grantor in hand paid by Lee Q. Vardaman, Trustee, of Dallas County, Texas (“Trustee”), in order to secure the payment of the indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements and undertakings of Grantor hereinafter described, does hereby GRANT, BARGAIN, SELL, CONVEY, TRANSFER, ASSIGN and SET OVER to the Trustee the real estate situated in the County of Collin and State of Texas described in Exhibit A attached hereto and made a part hereof, together with (i) all the buildings and other improvements now on or hereafter located thereon; (ii) all materials, equipment, fixtures or other property whatsoever now or hereafter attached or affixed to or installed in said buildings and other improvements, including, but not limited to, all heating, plumbing, lighting, water heating, cooking, laundry, refrigerating,
DEVELOPMENT AGREEMENT BY AND BETWEEN BEHRINGER HARVARD FRISCO SQUARE, LLC, a Delaware limited liability company (“Owner”) AND FRISCO SQUARE DEVELOPMENT, LTD., a Texas limited partnership (“Developer”) August 3, 2007Development Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This Development Agreement (“Agreement”) is made to be effective as of the 3rd day of August 2007, by and between Behringer Harvard Frisco Square, LLC, a Delaware limited liability company (“Owner”), and Frisco Square Development, Ltd., a Texas limited partnership (“Developer”), as follows:
MODIFICATION AGREEMENT OF BUILDING LOAN AGREEMENTS, PROMISSORY NOTES AND DEEDS OF TRUST AND SECURITY AGREEMENTS (Building F1-10: $6,952,220.00 Loan) (Building B1-7: $7,490.250.00 Loan)Modification Agreement of Building Loan Agreements • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
This Modification Agreement (“Agreement”) is made and entered into as of the day of June, 2004 by and between Frisco Square B1-7, F1-10, Ltd., a Texas limited partnership (“Borrower”); and First National Bank of Omaha, a national banking association (“Lender”) (Borrower and Lender are sometimes collectively referred to herein as the “parties”). This Agreement is made with reference to the following facts and objectives:
GUARANTY AGREEMENTGuaranty Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
Guarantor acknowledges that it is an affiliate of Successor Borrower and that Guarantor will receive a direct and substantial benefit from the transactions described in the Third Modification Agreement. Guarantor agrees that the making of the Loans by Lender to Borrower constitutes adequate consideration and reasonably equivalent value to Guarantor in exchange for the execution and delivery of this Guaranty by Guarantor.
DEED OF TRUST NOTEDeed of Trust Note • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, FRISCO SQUARE F1-1, LTD., a Texas limited partnership (“Maker”), hereby promises to pay to the order of COMPASS BANK (“Lender”), at its principal office in Dallas, Dallas County, Texas, or at such other place as the holder of this Note may from time to time designate in writing, the principal sum of Eight Million Eight Hundred Eighty-Nine Thousand and No/100 Dollars ($8,889,000.00), or so much thereof as shall be advanced, with interest on the unpaid balance thereof from date of advancement until maturity at the rate or rates hereinafter provided, both principal and interest payable as hereinafter provided in lawful money of the United States of America.
CONSTRUCTION LOAN AGREEMENT between FRISCO SQUARE F1-1, LTD. and COMPASS BANK Lender EFFECTIVE DATE: March 8, 2007Construction Loan Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
THIS AGREEMENT is made to be effective March 8, 2007, by and between FRISCO SQUARE F1-1, LTD., a Texas limited partnership (“Borrower”), and COMPASS BANK (“Lender”). In consideration of the mutual promises contained in this Agreement and of other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and Lender agree as follows:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.Deed of Trust, Security Agreement and Assignment of Rents • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS is executed effective as of, although not necessarily on, the 10th day of March, 2006 by FRISCO SQUARE LAND, LTD., a Texas limited partnership (“Grantor”), whose address for notice hereunder is 16250 Dallas Parkway, Suite 102, Dallas, Texas 75248, to Melinda A. Chausse of Dallas County, Texas, as Trustee, for the benefit of COMERICA BANK (“Bank”), whose address for notice hereunder is at P.O. Box 650282, Dallas, Texas 75265-0282, Attention Commercial Lending Services, Mail Code 6514, as follows:
MODIFICATION AND EXTENSION AGREEMENTModification and Extension Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) dated effective as of March 10, 2007 by and between FRISCO SQUARE LAND, LTD., a Texas limited partnership (“Borrower”), and COMERICA BANK (“Lender”).
Upon recording, return to:Assumption and Modification Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
ASSUMPTION AGREEMENTAssumption Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
THIS ASSUMPTION AGREEMENT (this “Agreement”) dated as of the 3rd day of August 2007 (the “Effective Date”), among FRISCO SQUARE F1-1, LTD., a Texas limited partnership (“Maker”); BHFS III, LLC, a Delaware limited liability company (“Borrower”); and COMPASS BANK, an Alabama banking corporation (“Lender”).
MASTER DEVELOPMENT AGREEMENTMaster Development Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This Master Development Agreement (this “Agreement”) is made as of the 3rd day of August 2007, by and between BEHRINGER HARVARD FRISCO SQUARE LP, a Texas limited partnership (“Owner”), and FRISCO SQUARE DEVELOPMENT, LTD., a Texas limited partnership (“Developer”).
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas
This AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”) is made and entered into effective as of the 10th day of March, 2006 (the “Effective Date”), by and between FRISCO SQUARE LAND, LTD., a Texas limited partnership (“Borrower”), whose address is 16250 Dallas Parkway, Suite 102, Dallas, Texas 75248, and COMERICA BANK (“Lender”) whose address is 1601 Elm Street, Dallas, Texas 75201/ P.O. Box 650282, Dallas, Texas 75265-0282, Attention Commercial Lending Services, Mail Code 6514.
AGREEMENT OF LIMITED PARTNERSHIP OF BEHRINGER HARVARD FRISCO SQUARE LPLimited Partnership Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP (“Agreement”) is made and entered into effective as of the 3rd day of August 2007, among BEHRINGER HARVARD FRISCO SQUARE GP, LLC, a Delaware limited liability company (the “General Partner”), BEHRINGER HARVARD FRISCO SQUARE INVESTOR, LLC, a Delaware limited liability company or its subsidiary (the “BH Investor”), and FRISCO SQUARE LAND, LTD., a Texas limited partnership, FRISCO SQUARE PROPERTIES, LTD., a Texas limited partnership, FRISCO SQUARE B1-6, F1-11, LTD., a Texas limited partnership, and FRISCO SQUARE B1-7, F1-10, LTD., a Texas limited partnership (collectively, the “Fairways Investor”).
WHEN RECORDED RETURN TO: Blackwell Sanders LLPLoan Modification Agreement • October 24th, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts
