PREPARED BY AND UPON RECORDATIONMortgage, Security Agreement and Fixture Filing • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts
Page ARTICLE I REPRESENTATIONS AND WARRANTIES OF BORROWER 5 Section 1.1 Organization; Special Purpose 5 Section 1.2 Title 5 Section 1.3 No Bankruptcy Filing 6 Section 1.4 Full and Accurate Disclosure 6 Section 1.5 Proceedings; Enforceability 6 Section 1.6 No Conflicts 6 Section 1.7 Federal Reserve Regulations; Investment Company Act 7 Section 1.8 Taxes 7 Section 1.9 ERISA 7 Section 1.10 Property Compliance 8 Section 1.11 Utilities 8 Section 1.12 Public Access 8 Section 1.13 Litigation; Agreements 8 Section 1.14 Physical Condition 9 Section 1.15 Contracts 9 Section 1.16 Leases 9 Section 1.17 Foreign Person 10 Section 1.18 Management Agreement 10 Section 1.19 Fraudulent Transfer 10 Section 1.20 Backward Representations 10 ARTICLE II COVENANTS OF BORROWER 13 Section 2.1 Defense of Title 13 Section 2.2 Performance of Obligations 13 Section 2.3 Insurance 14 Section 2.4 Payment of Taxes 18 Section 2.5 Casualty and Condemnation 18 Section 2.6 Construction Liens 21 Section 2.7 Rents and Profit
BUILDING LOAN AGREEMENT Dated as of December 26, 2007 Between ACADIA ATLANTIC AVENUE LLC, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as Lender MERS MIN: 8000101-0000007166-1Building Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
THIS BUILDING LOAN AGREEMENT, dated as of December 26, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement” or sometimes, this “Building Loan Agreement”), is made by and between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”) and ACADIA ATLANTIC AVENUE LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue - Suite 260, White Plains, New York 10605, as Borrower (“Borrower”).
CONSOLIDATED, AMENDED AND RESTATED TERM LOAN AGREEMENTTerm Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
This Loan Agreement (this “Agreement”) is entered into as of November 4, 2009 among ACADIA-PA EAST FORDHAM ACQUISITIONS, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (“Lead Borrower”); FORDHAM PLACE OFFICE LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (“Fordham Office“, hereinafter, jointly and severally with Lead Borrower, and singly and collectively, “Borrower”); each of the lenders that is a signatory hereto identified under the caption “LENDERS” on the signature pages hereof and each lender that becomes a “Lender” after the date hereof pursuant to Section 12.24(2) (individually, a “Lender” and, collectively, the “Lenders”); and EUROHYPO AG, NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, “Administrative Agent”).
PROJECT LOAN AGREEMENT Dated as of December 26, 2007 Between ACADIA ATLANTIC AVENUE LLC, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as Lender MERS MIN: 8000101-0000007166-1Project Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
THIS PROJECT LOAN AGREEMENT, dated as of December 26, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement” or sometimes, this “Project Loan Agreement”), is made by and between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”) and ACADIA ATLANTIC AVENUE LLC, a Delaware limited liability company, having its principal place of business c/o Acadia Realty Trust, 1311 Mamaroneck Avenue - Suite 260, White Plains, New York 10605 (“Borrower”).
ACADIA TARRYTOWN LLC,Mortgage Consolidation and Modification Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
LOAN AGREEMENT Dated as of July 2, 2007 Between ACADIA MERRILLVILLE REALTY, L.P., as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., AS LENDERLoan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
FOURTH AMENDMENT TO PROJECT LOAN AGREEMENT AND AMENDMENT OF CERTAIN OTHER LOAN DOCUMENTSProject Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
This FOURTH AMENDMENT TO PROJECT LOAN AGREEMENT AND AMENDMENT OF CERTAIN OTHER LOAN DOCUMENTS (this “Amendment”), dated as of August 26, 2010 (the “Effective Date”), by and between U.S. BANK NATIONAL ASSOCIATION, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE MAIDEN LANE COMMERCIAL MORTGAGE-BACKED SECURITIES TRUST 2008-1, c/o Bank of America, 900 West Trade Street, S 650, NCI-026-06-01, Charlotte, North Carolina 28255 (“Lender”) and P/A-ACADIA PELHAM MANOR, LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue-Suite 260, White Plains, New York 10605 (“Borrower”), and acknowledged and agreed to by ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, a Delaware limited liability company (“Guarantor”), ACADIA-P/A MANAGEMENT SERVICES, LLC, a Delaware limited liability company (“P/A Manager”) and SELF STORAGE MANAGEMENT LLC, a Delaware limited liability company (“Self Storage Manager”).
Acadia Strategic Opportunity Fund III LLC, a Delaware limited liability company As Borrower Acadia Realty Acquisition III LLC, a Delaware limited liability company As Managing Member Acadia Realty Limited Partnership, a Delaware limited partnership As...Revolving Credit Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
THIS REVOLVING CREDIT AGREEMENT (together with all amendments and modifications hereof and supplements and attachments hereto, this “Credit Agreement”) is dated as of October 10, 2007 by and among ACADIA STRATEGIC OPPORTUNITY FUND III LLC, a Delaware limited liability company (the “Borrower”), ACADIA REALTY ACQUISITION III LLC, a Delaware limited liability company (the “Managing Member”), ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (the “Guarantor”) ACADIA INVESTORS III, INC., a Maryland corporation (the “Pledgor”), YC SUSI Trust, as Conduit Lender, BANK OF AMERICA, N.A., a national banking association (in its individual capacity, “Bank of America”), as administrative agent (together with any successor appointed pursuant to Section 13.9 below, the “Administrative Agent”) for the Lenders, as an Alternate Lender, as an Administrator and as a Managing Agent, and each of the other Persons from time to time party hereto as Lenders, Managing Agents and Administrators (a
AMENDED AND RESTATED NOTENote • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts
THIS AMENDED AND RESTATED NOTE (this "Note"), is made as of August 19, 2010 by ALBEE DEVELOPMENT LLC, a Delaware limited liability company ("Borrower"), in favor of BANK OF AMERICA, N.A. (together with any and all of its successors and assigns and/or any other holder of this Note, "Lender").
LOAN AGREEMENT Dated as of July 1, 2010 by and between NEW YORK CITY CAPITAL RESOURCE CORPORATION, a local development corporation created pursuant to the Not-for-Profit Corporation Law of the State of New York at the direction of the Mayor of The...Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
On the 29th day of June, in the year two thousand two, before me, the undersigned, personally appeared Kyle Kimball, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.
holders of RBS Commercial Funding Inc. (f/k/a Greenwich Capital Commercial Funding Corp.), Commercial Mortgage Trust 2006-FL4, Commercial Mortgage Pass- Through Certificates, Series 2006-FL4 (Lender) THIRD LOAN EXTENSION AND MODIFICATION AGREEMENT...Third Loan Extension and Modification Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
SECOND MORTGAGE MODIFICATION AGREEMENT BY AND BETWEEN ACADIA – P/A LIBERTY LLC, a Delaware limited liability company, as Mortgagor and PNC BANK, NATIONAL ASSOCIATION, as MortgageeSecond Mortgage Modification Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New Jersey
PNC BANK, NATIONAL ASSOCIATION, a national banking association organized and existing under and by virtue of the laws of the United States of America, having an office at Two Tower Center Boulevard, 18th Floor, East Brunswick, New Jersey 08816 (the “Mortgagee”),
ACQUISITION AND PROJECT LOAN AGREEMENT among ACADIA-PA EAST FORDHAM ACQUISITIONS, LLC, a Delaware limited liability company as Lead Borrower and ACADIA-PA EAST FORDHAM ACQUISITIONS, LLC, a Delaware limited liability company FORDHAM PLACE OFFICE, LLC a...Acquisition and Project Loan Agreement • November 8th, 2010 • Acadia Realty Trust • Real estate investment trusts • New York
ACQUISITION AND PROJECT LOAN AGREEMENT is entered into as of October 5, 2007 among ACADIA-PA EAST FORDHAM ACQUISITIONS, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (“Lead Borrower”), FORDHAM PLACE OFFICE, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (“Fordham Office“, hereinafter, jointly and severally with Lead Borrower, and singly and collectively, “Borrower”); each of the lenders that is a signatory hereto identified under the caption “LENDERS” on the signature pages hereof and each lender that becomes a “Lender” after the date hereof pursuant to Section 12.23(1) (individually, a “Lender” and, collectively, the “Lenders”); and EUROHYPO AG, NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the “Administrative Agent”).
