1407 BROADWAY REAL ESTATE LLC, Mortgagor to LEHMAN BROTHERS HOLDINGS INC., Mortgagee LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT AMOUNT OF MORTGAGE: $106,000,000 Dated: January 4, 2007Lightstone Value Plus Real Estate Investment Trust, Inc. • January 10th, 2007 • Real estate investment trusts • New York
THIS LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT (the "Security Instrument") is made as of the 4th day of January, 2007, by 1407 BROADWAY REAL ESTATE LLC, a Delaware limited liability company, having an address at c/o The Lightstone Group, 326 Third Street, Lakewood, New Jersey 08701 ("Mortgagor"), to LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation (individually and as lead arranger and administrative agent for itself and certain co-lenders), having an address at 399 Park Avenue, 8th Floor, New York, New York 10022 ("Mortgagee").
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • January 10th, 2007 • Lightstone Value Plus Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
MANAGEMENT AGREEMENT made as of January 4, 2007, between 1407 Broadway Real Estate LLC, a Delaware limited liability company having an office at 326 Third Street, Lakewood, New Jersey 08701, (hereinafter referred to as the “Owner”), and Trebor Management Corp., a New York corporation having an office at 1407 Broadway, New York, New York 10018 (hereinafter referred to as the “Agent”).
GUARANTY OF RECOURSE OBLIGATIONS January 4, 2007Lightstone Value Plus Real Estate Investment Trust, Inc. • January 10th, 2007 • Real estate investment trusts • New York
FOR VALUE RECEIVED, and to induce LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation (individually and as lead arranger and administrative agent for itself and certain co-lenders) (“Lender”), having an address at 399 Park Avenue, 8th Floor, New York, New York 10022, to enter into that certain Loan Agreement (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) of even date herewith with 1407 BROADWAY REAL ESTATE LLC, a Delaware limited liability company (“Borrower”), having an address at c/o The Lightstone Group, 326 Third Street, Lakewood, New Jersey 08701, for a loan (the “Loan”), evidenced by (i) that certain Promissory Note dated of even date herewith in the stated principal amount of $127,250,000 (as amended, restated, split, severed, consolidated, supplemented or otherwise modified from time to time, the “Note”) (except as otherwise indicated herein, each capitalized term used herein that is not specifically defined herein shall hav
NET PROFITS AGREEMENTNet Profits Agreement • January 10th, 2007 • Lightstone Value Plus Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS NET PROFITS AGREEMENT (the “Agreement”) is executed and entered into as of the 4th day of January, 2007 (the “Execution Date”), by and among LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, its successors and/or assigns (“Lehman”), whose address is 399 Park Avenue, 8th Floor, New York, New York 10022, and 1407 BROADWAY REAL ESTATE LLC, a Delaware limited liability company (“Borrower”), whose address is c/o The Lightstone Group, 326 Third Street, Lakewood, New Jersey 08701, and, solely with respect to the provisions of Article 6 and Sections 7.15 and 7.13, each of the other parties hereto (each, an “Owning Entity”)
ASSIGNMENT AND ASSUMPTION OF SELLER’S INTEREST IN OPERATING LEASEAssignment and Assumption • January 10th, 2007 • Lightstone Value Plus Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF SELLER’S INTEREST IN OPERATING LEASE (this “Assignment”), dated as of the 4th day of January, 2007, is made by and between Gettinger Associates, L.P. a New York limited partnership (“Assignor”), and 1407 Broadway Real Estate LLC, a Delaware limited liability company (“Assignee”).
PARTICIPATION AGREEMENTParticipation Agreement • January 10th, 2007 • Lightstone Value Plus Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
Agreement dated as of January 4, 2007, by and between Gettinger Associates, L.P., a New York limited partnership having an office at 1407 Broadway, New York, New York 10018 (hereinafter referred to as “Gettinger”) and 1407 Broadway Real Estate LLC, a Delaware limited liability company having an office at 326 Third Street, Lakewood, New Jersey 08701 (hereinafter referred to as “Lightstone”).
