0001104659-11-029227 Sample Contracts

SECOND AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT
Advisory Management Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

This SECOND AMENDED AND RESTATED ADVISORY MANAGEMENT AGREEMENT (this “Agreement”), dated May 13, 2011, is entered into effective as of December 31, 2010 (the “Effective Date”), by and between BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (the “Company”), and BEHRINGER HARVARD OPPORTUNITY ADVISORS I, LLC, a Texas limited liability company (the “Advisor”), as successor-in-interest to BEHRINGER HARVARD OPPORTUNITY ADVISORS I, LP, a Texas limited partnership (the “Predecessor Advisor”).

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FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT
Loan Modification and Extension Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of November 15, 2010, by and among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), 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) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75202 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL L.P., a Delaware limited partnership (“Kingsdell Guarantor”, together with payment Guarantor, referred to herein as “Guarantor”).

SIXTH LOAN MODIFICATION AND EXTENSION AGREEMENT
Loan Modification and Extension Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS SIXTH LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of March 15, 2011, by and among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), 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) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75201 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL L.P., a Delaware limited partnership (“Kingsdell Guarantor”), together with Payment Guarantor, referred to herein as “Guarantor”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) is made and entered into effective as of February 13, 2011, by and among BEHRINGER HARVARD OPPORTUNITY OP I, LP, a Texas limited partnership, BEHRINGER HARVARD BOWEN ROAD LP, a Delaware limited partnership, BEHRINGER HARVARD WHITEWATER, LLC, a Delaware limited liability company, BEHRINGER HARVARD LAS COLINAS LP, a Delaware limited partnership, BEHRINGER HARVARD AUGUSTA LP, a Delaware limited partnership, BEHRINGER HARVARD NORTHPOINT LP, a Delaware limited partnership, and BEHRINGER HARVARD REGENCY LP, a Delaware limited partnership (collectively, “Borrower”), BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”), and 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 a party to the Loan Agreement (as defined below) (collectively, the “Lenders”), and the

January 10, 2011
Deferral of Fees and Cost Reimbursements Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

Reference is made to that certain Amended and Restated Advisory Agreement, dated as of December 29, 2006, as amended (the “Advisory Agreement”), by and between Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), and Behringer Harvard Opportunity Advisors I, LLC, a Texas limited liability company (the “Advisor”), and the letter agreement dated August 9, 2010 in respect of the deferral of certain fees (the “Letter Agreement”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Advisory Agreement.

THIRD LOAN MODIFICATION AND EXTENSION AGREEMENT
Loan Modification and Extension Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS THIRD LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of February 15, 2011, by and among CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), 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) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75202 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”).

FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT
Loan Modification and Extension Agreement • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS FOURTH LOAN MODIFICATION AND EXTENSION AGREEMENT (this “Agreement”) is made and entered into effective as of March 15, 2011, by and among CHASE PARK PLAZA HOTEL, LLC, a Delaware limited liability company, having its principal place of business at 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”), 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) made a party to the Loan Agreement described below, having an address of 901 Main Street, 20th Floor, Dallas, Texas 75201 Attention: Real Estate Loan Administration, and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Payment Guarantor”), and KINGSDELL L.P., a Delaware limited partnership (“Kingsdell Guarantor”), together with Payment Guarantor, referred to herein as “Guarantor”).

January 10, 2011
Deferral of Property Management Oversight Fee • May 16th, 2011 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

Reference is made to that certain Second Amended and Restated Property Management and Leasing Agreement, dated as of December 29, 2006, as amended (the “Property Management Agreement”), by and between Behringer Harvard Opportunity REIT I, Inc., a Maryland corporation (the “Company”), Behringer Harvard Opportunity OP I, LP, a Texas Limited Partnership (“BHOP”), HPT Management Services, LLC, a Texas limited liability company (“HPT”), Behringer Harvard Real Estate Services, LLC, a Texas limited liability company (“BHRES”) and Behringer Harvard Opportunity Management Services, LLC, a Texas limited liability company (“BHOMS” and collectively with HPT and BHRES, “BH Property Management”), and the letter agreement dated August 9, 2010 in respect of the deferral of certain fees (the “Letter Agreement”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Property Management Agreement.

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