0001116679-07-002382 Sample Contracts

DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING BY NEW AVENTINE, L.L.C., a Delaware limited liability company, Trustor and NEW DTRS LA JOLLA, L.L.C., a Delaware limited liability company, Operating Lessee TO FIRST AMERICAN TITLE INSURANCE...
Security Agreement and Fixture Filing • September 7th, 2007 • Strategic Hotels & Resorts, Inc • Real estate investment trusts

Note: Two promissory notes made by New Aventine, LLC, each dated as of the Execution Date, (i) one to the order of Metropolitan Life Insurance Company, a New York Corporation (the “Metropolitan Note”) in the principal amount of $72,500,000.00; and (ii) one to the order of MetLife Bank, N.A., a national banking association (“MetLife Bank Note”) in the principal amount of $25,000,000.00 (the Metropolitan Note and the MetLife Bank Note are herein collectively referred to as the “Note”)

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GUARANTY DEFINED TERMS
Defined Terms • September 7th, 2007 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • California

Loan: A first mortgage loan in the aggregate principal amount of $97,500,000.00 consisting of (i) a $72,500,000.00 loan (the “MetLife Loan”) from Metropolitan Life Insurance Company, a New York corporation (“MetLife”), to Borrower, and (ii) a $25,000,000.00 loan (the “MetLife Bank Loan”) from MetLife Bank, N.A., a national banking association (“MetLife Bank”) to Borrower.

THIRD AMENDMENT TO MORTGAGE LOAN AND SECURITY AGREEMENT Between SHC MICHIGAN AVENUE, LLC as Borrower and CITIGROUP GLOBAL MARKETS REALTY CORP., as Lender Dated: As of August 31, 2007
Mortgage Loan and Security Agreement • September 7th, 2007 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • New York

THIS THIRD AMENDMENT TO MORTGAGE LOAN AND SECURITY AGREEMENT, dated as of August 31, 2007 (this “Agreement”) between SHC MICHIGAN AVENUE, LLC a Delaware limited liability company (“Borrower”), having an office at c/o Strategic Hotel Funding, L.L.C., 77 West Wacker Drive, Suite 4600, Chicago, Illinois 60601 and after September 15, 2007, 200 West Madison Street, Suite 1700, Chicago, Illinois 60606, and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 388 Greenwich Street, New York, New York 10013 (together with its successors and assigns, “Lender”).

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