FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT (110 separate tracts of Real Property located in: Tarrant, Johnson, Dallas and Ellis Counties, Texas)Purchase and Sale Contract • August 13th, 2012 • Apple REIT Nine, Inc. • Real estate investment trusts
This FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACT (hereafter called the “Amendment”) is made by and between Apple Nine Ventures Ownership, Inc., a Virginia corporation (hereafter called “Seller”) and 111 Realty Investors, LP, a Texas limited partnership (hereafter called “Purchaser”). This Amendment shall be effective as of the date written below.
This instrument and the rights and obligations evidenced hereby are subordinate to any and all liens, indebtedness, obligations and liabilities of 111 realty investors, LP, a texas limited partnership, its successors and assigns, to (I) u.s. bank...Apple REIT Nine, Inc. • August 13th, 2012 • Real estate investment trusts • Texas
This Note is issued under and pursuant to the terms and provisions of the Loan Agreement dated of even date herewith (the “Loan Agreement”) entered into by the Company and Junior Lender and secured by the Junior Deeds of Trust dated of even date herewith (collectively, the “Deed of Trust”) from the Company to William Woodall, Esq., as trustee, in favor of Junior Lender, in respect of the Mortgaged Property described therein and the Ground Lease Agreement dated February 3, 2010 (as amended from time to time) between the Company (as successor-in-interest to Junior Lender), as landlord, and Chesapeake Operating Inc., a corporation organized under the laws of the State of Oklahoma, as tenant. This Note and the holder hereof are entitled to all the benefits provided for by the Loan Agreement and the Deed of Trust and the Other Related Agreements (as defined in the Loan Agreement), to which Loan Agreement, the Deed of Trust and such Other Related Agreements reference is hereby made for the s
LOAN AGREEMENT between and APPLE NINE VENTURES OWNERSHIP, INC.Loan Agreement • August 13th, 2012 • Apple REIT Nine, Inc. • Real estate investment trusts • Texas
This instrument and the rights and obligations evidenced hereby are subordinate to any and all liens, indebtedness, obligations and liabilities of 111 Realty Partners, L.P., a Texas limited partnership, its successors and assigns, to (i) U.S. Bank National Association and/or, its successors and assigns as collateral trustee (the "Collateral Trustee") under the terms of that certain Collateral Trust Indenture dated as of April 27, 2012 on behalf of the holders (the "Senior Noteholders") from time to time of the Adjustable Rate Senior Secured Notes due April 15, 2049 of 111 Realty Investors, LP and (ii) the Senior Noteholders, in the manner and to the extent set forth in that certain Debt Subordination Agreement with Collateral Trustee dated April 27, 2012, which reference is hereby made for a more full statement thereof and each holder of this instrument, by its acceptance hereof, shall be bound by the provisions of such Debt Subordination Agreement.
