MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (FLORIDA - REVISION DATE 03-31-2008)And Security Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made to be effective this 15th day of December, 2009, between ADVENIR@MARGATE, LLC, a limited liability company organized and existing under the laws of Florida, whose address is 17501 Biscayne Boulevard, Suite 300, Aventura, Florida 33160, as mortgagor (“Borrower”), and CBRE CAPITAL MARKETS, INC., a corporation organized and existing under the laws of Texas, whose address is c/o GEMSA Loan Services LP, 1500 City West Boulevard, Suite 200, Houston, Texas 77042, as mortgagee (“Lender”). Borrower’s organizational identification number, if applicable, is L09000107213.
MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (FLORIDA — REVISION DATE 03-31-2008)And Security Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made to be effective this 19th day of April, 2011, between ADVENIR@MARGATE, LLC, a limited liability company organized and existing under the laws of Florida, whose address is 17501 Biscayne Boulevard, Suite 300, Aventura, Florida 33160, as mortgagor (“Borrower”), and CBRE CAPITAL MARKETS, INC., a corporation organized and existing under the laws of Texas, whose address is c/o GEMSA Loan Services LP, 1500 City West Boulevard, Suite 200, Houston, Texas 77042, as mortgagee (“Lender”). Borrower’s organizational identification number, if applicable, is L09000107213.
LIMITED LIABILITY COMPANY AGREEMENT OF BEHRINGER HARVARD MARGATE, LLC DATED SEPTEMBER 29, 2011Limited Liability Company Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT of BEHRINGER HARVARD MARGATE, LLC dated September , 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is made by, between and among BEHRINGER HARVARD MARGATE HOLDING, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “BH”), and MARGATE PEAK, LLC, a Colorado limited liability company (together with its successors and permitted assigns, “MP”).
SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Amendment”) is dated as of July 28, 2011, by and between ADVENIR@MARGATE, LLC, a Florida limited liability company (“Seller”), and GRAND PEAKS PROPERTIES, INC., a Colorado corporation (“Purchaser”).
REAL ESTATE PURCHASE AND SALE AGREEMENT by and between ADVENIR@MARGATE, LLC, a Florida limited liability company As Seller and GRAND PEAKS PROPERTIES, INC., a Colorado corporation As Purchaser Dated as of June 6, 2011 for Advenir at the Lakes of...Real Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • Florida
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of June 6, 2011 (the “Date of Agreement”) by and between (i) ADVENIR@MARGATE, LLC, a Florida limited liability company (“Seller”) and (ii) GRAND PEAKS PROPERTIES, INC., a Colorado corporation (“Purchaser”).
THIRD AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Amendment”) is dated as of September 30, 2011, by and between ADVENIR@MARGATE, LLC, a Florida limited liability company (“Seller”), and BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company (“Purchaser”).
FOURTH AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS FOURTH AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Amendment”) is dated as of October 7, 2011, by and between ADVENIR@MARGATE, LLC, a Florida limited liability company (“Seller”), and BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company (“Purchaser”).
ASSUMPTION AGREEMENTAssumption Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS ASSUMPTION AGREEMENT (“Agreement”) is made as of the 19th day of October, 2011 (the “Effective Date”), by and among BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company (“New Borrower”), whose address is 4582 S. Ulster St. Parkway, Suite 1200, Denver, Colorado 80237; ADVENIR@MARGATE, LLC, a Florida limited liability company (“Original Borrower”), whose address is 17501 Biscayne Boulevard, Suite 300, Aventura, Florida 33160; U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., MULTIFAMILY MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2010-K6 (“Lender”), whose address is c/o KeyCorp Real Estate Capital Markets, Inc., 11501 Outlook, Suite #300, Overland Park, KS 66211; STEPHEN L. VECCHITTO, an adult individual, whose address is 17501 Biscayne Boulevard, Suite 300, Aventura, Florida 33160 (“Original Guarantor”); and DONALD A. SIMPSON, an adult individual, whose address is 9350 Poundstone Place, Gr
ASSUMPTION AGREEMENT (CME AND PORTFOLIO) (Revised 9-2-2011)Assumption Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS ASSUMPTION AGREEMENT (“Agreement”) is made effective as of the 19th day of October, 2011, by and among ADVENIR@MARGATE, LLC, a Florida limited liability company (“Original Borrower”); BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company (“New Borrower”); and the FEDERAL HOME LOAN MORTGAGE CORPORATION (“Freddie Mac”) and is acknowledged and consented to by STEPHEN L. VECCHITTO (“Original Guarantor”) and DONALD A. SIMPSON (“New Guarantor”).
ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AND SALE AGREEMENTAssignment and Assumption of Real Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Assignment”) is entered into as of the 29th day of September, 2011, between GRAND PEAKS PROPERTIES, INC., a Colorado corporation (“Assignor”), and BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company(“Assignee”).
FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Amendment”) is dated as of July 21, 2011, by and between ADVENIR@MARGATE, LLC, a Florida limited liability company (“Seller”), and GRAND PEAKS PROPERTIES, INC., a Colorado corporation (“Purchaser”).
SPECIAL WARRANTY DEEDSpecial Warranty Deed • November 14th, 2011 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts
THIS INDENTURE, made and executed this 19th day of October, 2011, by ADVENIR@MARGATE, LLC, a Florida limited liability company, whose mailing address is 17501 Biscayne Boulevard, Suite 300, Aventura, Florida 33160 (“Grantor”) to BEHRINGER HARVARD MARGATE, LLC, a Delaware limited liability company, whose mailing address is c/o Grand Peaks Properties, Inc., 4582 South Ulster Street Parkway, Suite 1200, Denver, Colorado 80237 (“Grantee”).
