FIRST AMENDMENT TO TRIPLE NET LEASE AGREEMENTTriple Net Lease Agreement • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO TRIPLE NET LEASE AGREEMENT (the "First Amendment") is entered into as of March 1, 2010, by and between ARC HDCOLSC001, LLC, a Delaware limited liability company ("Landlord") and HOME DEPOT U.S.A., INC, a Delaware corporation ("Tenant").
ASSIGNMENT AND ASSUMPTION OF LEASEAssignment and Assumption of Lease • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership (the “Assignor”), hereby assigns and delegates to ARC HDCOLSC001, LLC, a Delaware limited liability company, (the “Assignee”), and Assignee hereby agrees to assume and accept the assignment and delegation of all of Assignor’s right, title and interest in and to any obligations under that certain Triple Net Lease Agreement dated effective May 15, 2009 by and between Assignor and Home Depot U.S.A., Inc., a Delaware corporation (the “Lease”).
BILL OF SALEBill of Sale • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership (the “Seller”), hereby conveys to ARC HDCOLSC001, LLC, a Delaware limited liability company (the “Purchaser”), all of Seller’s right, title and interest in and to those certain items of personal property reflected on Exhibit A attached hereto and incorporated by reference herein, to the extent it exists at the Property and Seller has a right to claim title (the “Personal Property”) relating to certain real property more particularly described in Exhibit B attached hereto.
MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENTMortgage, Assignment of Leases and Rents and Security Agreement • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • South Carolina
THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (as amended, modified, renewed, extended, replaced and supplemented from time to time, this “Mortgage”) is made as of this 9th day of November, 2009, by ARC HDCOLSC001, LLC, a Delaware limited liability company, whose address is c/o American Realty Capital, LLC, 405 Park Avenue, 15th Floor, New York, New York 10022, hereinafter called “Mortgagor,” to US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership, whose address is 9830 Colonnade Boulevard, Suite 600, San Antonio, Texas 78230-2239, hereinafter called “Mortgagee;”
TRIPLE NET LEASE AGREEMENT (Columbia RDC, West Columbia, South Carolina) BY AND BETWEEN US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership, as Landlord, and HOME DEPOT U.S.A., INC., a Delaware corporation, as TenantTriple Net Lease Agreement • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • South Carolina
THIS TRIPLE NET LEASE AGREEMENT (this “Lease”) is dated as of May 15, 2009 for reference purposes, but is made and entered into as of the Effective Date (as hereinafter defined) by and between US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership, having an address of 9830 Colonnade Boulevard, Suite 600, San Antonio, Texas 78230-2239 (“ Landlord”) and HOME DEPOT U.S.A., INC, a Delaware corporation, having an address of 2455 Paces Ferry Road, Building C-20, Atlanta, Georgia 30339-4024, Attention: Vice President, Real Estate Law Group (“Tenant”).
LIMITED GUARANTYLimited Guaranty • March 25th, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • South Carolina
This Limited Guaranty (the “Guaranty”) is given as of the 9th day of November, 2009, by ARC HDCOLSC001, LLC, a Delaware limited liability company with an address c/o American Realty Capital, LLC, 405 Park Avenue, 15th Floor, New York, New York, 10022 (the “Borrower”), and AMERICAN REALTY CAPITAL II, LLC, a Delaware limited liability company] with an address c/o American Realty Capital, LLC, 405 Park Place, New York, New York 10022 (“American Realty”) (the Borrower together with American Realty, are herein jointly and severally, the “Guarantor”) in favor of US REAL ESTATE LIMITED PARTNERSHIP, a Texas limited partnership, whose address is 9830 Colonnade Boulevard, Suite 600, San Antonio, Texas 78230-2239, its successors and assigns (collectively, the “Lender”).
