0001140361-14-015665 Sample Contracts

BEX PORTFOLIO, LLC. SIXTH SUPPLEMENTAL INDENTURE
Sixth Supplemental Indenture • April 3rd, 2014 • Essex Portfolio Lp • Real estate investment trusts • New York

THIS SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”) is entered into as of April 1, 2014 between, BEX Portfolio, Inc., a Delaware corporation (the “Company”) and a direct subsidiary of Essex Property Trust, Inc., a Maryland corporation (the “Parent Company”), BEX Portfolio, LLC, a Delaware limited liability company (the “Successor Company”), and a subsidiary of Essex Portfolio, L.P., a California limited partnership (“EPLP”), and The Bank of New York Mellon Trust Company, National Association (successor to J.P. Morgan Trust Company, National Association), a bank duly organized and existing under the laws of the United States, as trustee (the “Trustee”), under that certain Indenture, dated as of June 23, 1997 (the “Original Indenture”), as amended and supplemented by that certain First Supplemental Indenture, dated as of April 23, 1998 (the “First Supplemental Indenture”), as further amended and supplemented by that certain Second Supplemental Indenture, dated as of A

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BEX PORTFOLIO, INC. FIFTH SUPPLEMENTAL INDENTURE
Fifth Supplemental Indenture • April 3rd, 2014 • Essex Portfolio Lp • Real estate investment trusts • New York

THIS FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”) is entered into as of April 1, 2014 between BRE Properties, Inc., a Maryland corporation (the “Original Company”), BEX Portfolio, Inc., a Delaware corporation (the “Successor Company”) and a direct subsidiary of Essex Property Trust, Inc., a Maryland corporation (the “Parent Company”), and The Bank of New York Mellon Trust Company, National Association (successor to J.P. Morgan Trust Company, National Association), a bank duly organized and existing under the laws of the United States, as trustee (the “Trustee”), under that certain Indenture, dated as of June 23, 1997 (the “Original Indenture”), as amended and supplemented by that certain First Supplemental Indenture, dated as of April 23, 1998 (the “First Supplemental Indenture”), as further amended and supplemented by that certain Second Supplemental Indenture, dated as of August 15, 2006 (the “Second Supplemental Indenture”), as further amended and supplemented

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