LOAN AGREEMENT Dated as of November 18, 2011 Between ARC NYGRNAV001, LLC, ARC NYGRNAV002, LLC, and ARC NYGRNAV003, LLC, individually and/or collectively, as the context requires, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as LenderLoan Agreement • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of November 18, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, Oakland, California 94612 (together with its successors and/or assigns, “Lender”), and ARC NYGRNAV001, LLC, ARC NYGRNAV002, LLC, and ARC NYGRNAV003, LLC, each a Delaware limited liability company and each having an address at 405 Park Avenue, 15th Floor, New York, New York 10022 (together with each of their respective permitted successors and/or assigns, individually and/or collectively (as the context may require) referred to herein as “Borrower”).
AMENDED AND RESTATED MORTGAGE NOTEMortgage Note • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned ("Borrower") jointly and severally (if more than one) promises to pay to the order of New York Community Bank, a New York banking corporation, the principal sum of FIVE MILLION AND 00/100 Dollars (US $5,000,000.00), with interest accruing at the Interest Rate on the unpaid principal balance from the Disbursement Date until fully paid.
Consolidation, Modification and Extension Agreement, Assignment of Leases and Rents and Security AgreementConsolidation, Modification and Extension Agreement • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS CONSOLIDATION, MODIFICATION AND EXTENSION AGREEMENT, ASSIGNMENT OF LEASE AND RENTS AND SECURITY AGREEMENT (herein "Agreement") is made as of the 3rd day of November, 2011, by and among ARC NYWSHST001, LLC, ARC NYWSHST002, LLC, ARC NYWSHST003, LLC, and ARC NWSHST004, LLC, each being a limited liability company organized and existing under the laws of the State of Delaware, and each having a principal place of business at do New York Recovery Operating Partnership, LP, 405 Park Avenue, 15th floor, New York, New York 10022 (collectively, herein the "Borrower"), and NEW YORK COMMUNITY BANK, a banking corporation organized and existing under the laws of the State of New York, with a place of business at One Jericho Plaza, Jericho, New York 11753 (herein "Lender").
DEFEASANCE ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENTDefeasance Assignment, Assumption and Release Agreement • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS DEFEASANCE ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENT(this "Agreement") is dated as of November 15, 2011, among ARC NYE61ST001, LLC, a Delaware limited liability company ("Pledgor"), U.S. Bank National Association, a national banking association, as trustee, under the Pooling and Servicing Agreement, dated as of December 1, 2002 (as amended from time to time, the "Pooling and Servicing Agreement"), for the registered holders of GE Capital Commercial Mortgage Corporation, Commercial Mortgage Pass-Through Certificates, Series 2002-3 (together with its successors and assigns, "Mortgage Lender"), SB DFZ GECMC 2002-3A Holdings, LLC, a Delaware limited liability company ("Successor Borrower"), Wells Fargo Bank, N.A., a national banking association, as master servicer ("Servicer") under the Pooling and Servicing Agreement, and, for the sole purpose of acknowledging the transactions effected by this Agreement, Wilmington Trust Company, a Delaware trust company, as Securities Intermediar
Consolidation, Modification and Extension Agreement, and Security AgreementConsolidation, Modification and Extension Agreement • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS CONSOLIDATION, MODIFICATION AND EXTENSION AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (herein "Agreement") is made as of this 15th day of November, 2011, between ARC NYE61ST001, LLC, a limited liability company, organized and existing under the laws of the State of Delaware, with a principal place of business at c/o American Realty Capital, 106 York Road, Jenkintown, PA 19046 (herein "Borrower"), and NEW YORK COMMUNITY BANK, a banking corporation organized and existing under the laws of the State of New York, with a place of business at One Jericho Plaza, Jericho, New York 11753 (herein "Lender"). WHEREAS Borrower is indebted to Lender in the principal sum of TWENTY ONE MILLION THREE HUNDRED THOUSAND and 00/100 DOLLARS (US $21,300,000.00) and Borrower and Lender desire to secure (a) the repayment of that indebtedness, with interest, and all renewals, extensions and modifications thereof; (b) the repayment of any future advances, with interest thereon made by L
