0001144204-09-056226 Sample Contracts

SECOND DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT, AND ASSIGNMENT OF RENTAL
Behringer Harvard Short Term Opportunity Fund I Lp • November 3rd, 2009 • Operators of nonresidential buildings • Texas

THIS SECOND DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT, AND ASSIGNMENT OF RENTAL is executed on the date of acknowledgment to be effective as of October 1, 2009, by BEHRINGER HARVARD MOUNTAIN VILLAGE, LLC, a Colorado limited liability company, whose address is 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 ("Grantor"), to the Public Trustee of San Miguel County, Colorado ("Trustee"), for the benefit of CREDIT UNION LIQUIDITY SERVICES, LLC, a Texas limited liability company formerly known as Texans Commercial Capital, LLC ("Beneficiary"), whose address is 777 E. Campbell Road, Suite 650, Richardson, Texas 75081.

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THIRD AMENDMENT TO NOTE AND CONSTRUCTION LOAN AGREEMENT
Note and Construction Loan Agreement • November 3rd, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings

This THIRD AMENDMENT TO NOTE AND CONSTRUCTION LOAN AGREEMENT (this “Amendment”) is made as of October 1, 2009 (the “Amendment Effective Date”) by and between BEHRINGER HARVARD MOCKINGBIRD COMMONS, LLC, a Delaware limited liability company (successor in interest by merger to Behringer Harvard Mockingbird Commons, LP, a Texas limited partnership) (“Borrower”), and CREDIT UNION LIQUIDITY SERVICES, LLC, a Texas limited liability company f/k/a TEXANS COMMERCIAL CAPITAL, LLC (“Lender”).

SECOND AMENDMENT TO GUARANTY AGREEMENT
Guaranty Agreement • November 3rd, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings

This SECOND AMENDMENT TO GUARANTY AGREEMENT ("Amendment") is entered into effective as of October 1, 2009 (the "Effective Date"), by and between Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership ("Guarantor"), as guarantor, and Credit Union Liquidity Services, LLC, a Texas limited liability company (formerly known as Texans Commercial Capital, LLC, a Texas limited liability company) ("Lender"), as lender.

SECOND MODIFICATION AGREEMENT
Second Modification Agreement • November 3rd, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings

THIS SECOND MODIFICATION AGREEMENT (this “Agreement”) is entered into as of October 1, 2009 (the “Effective Date”), by and between Credit Union Liquidity Services, LLC, a Texas limited liability company formerly known as Texans Commercial Capital, LLC (“Lender”) and Behringer Harvard Mountain Village, LLC (“Borrower”), a Colorado limited liability company. Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership (“Guarantor”), as a guarantor, executes this Agreement to evidence its consent to and agreement with the terms and provisions contained herein.

FIRST AMENDMENT TO GUARANTY AGREEMENT
Guaranty Agreement • November 3rd, 2009 • Behringer Harvard Short Term Opportunity Fund I Lp • Operators of nonresidential buildings

This FIRST AMENDMENT TO GUARANTY AGREEMENT ("Amendment") is entered into effective as of October 1, 2009 (the "Effective Date"), by and between Behringer Harvard Short-Term Opportunity Fund I LP, a Texas limited partnership ("Guarantor"), as guarantor, and Credit Union Liquidity Services, LLC, a Texas limited liability company (formerly known as Texans Commercial Capital, LLC, a Texas limited liability company) ("Lender"), as lender.

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