MEZZANINE GUARANTYMezzanine Guaranty • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This Mezzanine Guaranty (“Guaranty”) is entered into as of December 31, 2008, by CFP Residential, L.P., a Texas limited partnership, Kenneth J. Valach, an individual, Bruce Hart, an individual, and J. Ronald Terwilliger, an individual (collectively, the “Guarantor”) for the benefit of Behringer Harvard St. Rose REIT, LLC, a Delaware limited liability company, and/or any subsequent holder of the Note (the “Lender”).
INTERCREDITOR AND SUBORDINATION AGREEMENTIntercreditor and Subordination Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
FIRST AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENTSale, Purchase and Escrow Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENT (the “Amendment”) is made and entered into effective as of February 20, 2009, by and between Verandah Owner Limited Partnership, a Delaware limited partnership (“Seller”), and Behringer Harvard Multifamily OP I LP, a Delaware limited partnership (“Purchaser”) with reference to the following recitals of fact:
SENIOR MEZZANINE LOAN AGREEMENTSenior Mezzanine Loan Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This SENIOR MEZZANINE LOAN AGREEMENT (this “Agreement”) is made and entered into as of December 31, 2008, by and between SW 131 ST. ROSE MEZZANINE BORROWER LLC, a Delaware limited liability company, whose address is 2001 Bryan Street, Suite 3250, Dallas, Texas 75201 (“Borrower”), and BEHRINGER HARVARD ST. ROSE REIT, LLC, a Delaware limited liability company, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas, 75001 (“Lender”).
ASSIGNMENT AND ASSUMPTION OF SALE, PURCHASE AND ESCROW AGREEMENTAssignment and Assumption of Sale, Purchase and Escrow Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts
THIS ASSIGNMENT is made and entered into as of this 28th day of January, 2009, by and between HARVARD PROPERTY TRUST, LLC, a Delaware limited liability company (hereinafter referred to as “Assignor”), and BEHRINGER HARVARD MULTIFAMILY OP I LP, a Delaware limited partnership (hereinafter referred to as “Assignee”).
SALE, PURCHASE AND ESCROW AGREEMENT BETWEEN VERANDAH OWNER LIMITED PARTNERSHIP (Seller) AND HARVARD PROPERTY TRUST, LLC (Purchaser) AND PARTNERS TITLE COMPANY (Escrow Agent)Sale, Purchase and Escrow Agreement • March 31st, 2009 • Behringer Harvard Multifamily Reit I Inc • Real estate investment trusts • Texas
This Agreement, dated as of January 26, 2009, is made by and between Verandah Owner Limited Partnership, a Delaware limited partnership (“Seller”), and Harvard Property Trust, LLC, a Delaware limited liability company (“Purchaser”) and constitutes (i) a contract of sale and purchase between the parties and (ii) an escrow agreement among Seller, Purchaser and Partners Title Company (“Escrow Agent”), the consent of which appears at the end hereof.
