LOAN AGREEMENT Dated as of January 22, 2013 Between RP/HH PARK PLAZA, LIMITED PARTNERSHIP, as Borrower and BANK OF AMERICA, N.A., as LenderLoan Agreement • August 7th, 2013 • Sunstone Hotel Investors, Inc. • Hotels & motels • New York
THIS LOAN AGREEMENT, dated as of January 22, 2013 (as amended, restated, replaced, supplemented or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”), between BANK OF AMERICA, N.A., a national banking association, having an address at 214 North Tryon Street, NC1-027-15-01, Charlotte, North Carolina 28255 (together with its successors and/or assigns, “Lender”) and RP/HH PARK PLAZA, LIMITED PARTNERSHIP, a Delaware limited partnership, having an address at c/o Rockpoint Group, L.L.C., Woodlawn at Old Parkland, 3953 Maple Avenues, Suite 300, Dallas, Texas 75219 (together with its successors and/or assigns, “Borrower”).
ASSUMPTION AGREEMENTAssumption Agreement • August 7th, 2013 • Sunstone Hotel Investors, Inc. • Hotels & motels
This Assumption Agreement (“Assumption Agreement”) is made this 2nd day of July, 2013 (the “Effective Date”), by U.S. BANK NATIONAL ASSOCIATION, as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2013-C8, Commercial Mortgage Pass-Through Certificates, Series 2013-C8 (“Noteholder”), RP/HH PARK PLAZA, LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), ROCKPOINT REAL ESTATE FUND III, L.P., a Delaware limited partnership (“Original Guarantor”), BOSTON 1927 OWNER, LLC, a Delaware limited liability company (“Assumptor”) and SUNSTONE HOTEL PARTNERSHIP, LLC, a Delaware limited liability company (“New Guarantor”) and is acknowledged and agreed to by BOSTON 1927 LESSEE, INC., a Delaware corporation (“Operating Lessee”) solely to acknowledge and agree to certain representations, warranties and covenants set forth herein.
