LOAN AGREEMENT Dated as of December 6, 2002 Between KOGER POST OAK LIMITED PARTNERSHIP, as Borrower and COLUMN FINANCIAL, INC., as LenderLoan Agreement • March 10th, 2004 • Koger Equity Inc • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of December 6, 2002 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010 (“Lender”), and KOGER POST OAK LIMITED PARTNERSHIP, a Delaware limited partnership, having its principal place of business at 433 Plaza Real, Suite 335, Boca Raton, Florida 33432 (“Borrower”).
DEED OF TRUST AND SECURITY AGREEMENTDeed of Trust and Security Agreement • March 10th, 2004 • Koger Equity Inc • Real estate investment trusts
THIS DEED OF TRUST AND SECURITY AGREEMENT (this “Security Instrument”) is made as of this 6th day of December, 2002, by KOGER POST OAK LIMITED PARTNERSHIP, a Delaware limited partnership, having its principal place of business at 433 Plaza Real, Suite 335, Boca Raton, Florida 33432, as grantor (“Borrower”) to DAVID PARNELL, having an address at 7557 Rambler Road, Suite 1200, Dallas, Texas 75231, as trustee (“Trustee”), for the benefit of COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010, as beneficiary (“Lender”).
ASSIGNMENT OF LEASES AND RENTSAssignment of Leases and Rents • March 10th, 2004 • Koger Equity Inc • Real estate investment trusts
THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) made as of the 6th day of December, 2002, by KOGER POST OAK LIMITED PARTNERSHIP, a Delaware limited partnership, as assignor, having its principal place of business at 433 Plaza Real, Suite 335, Boca Raton, Florida 33432 (“Borrower”) to COLUMN FINANCIAL, INC. as assignee, having an address at 11 Madison Avenue, New York, New York 10010 (“Lender”).
GUARANTY AGREEMENTGuaranty Agreement • March 10th, 2004 • Koger Equity Inc • Real estate investment trusts • New York
THIS GUARANTY AGREEMENT (the “Guaranty”) is executed as of December 6, 2002, by KOGER EQUITY, INC., a Florida corporation, having an address at 433 Plaza Real, Suite 335, Boca Raton, Florida 33432 (whether one or more collectively referred to as “Guarantor”), for the benefit of COLUMN FINANCIAL, INC., having an address at 11 Madison Avenue, New York, New York 10010 (“Lender”).
PROMISSORY NOTEPromissory Note • March 10th, 2004 • Koger Equity Inc • Real estate investment trusts
FOR VALUE RECEIVED KOGER POST OAK LIMITED PARTNERSHIP, a Delaware limited partnership, as maker, having its principal place of business at 433 Plaza Real, Suite 335, Boca Raton, Florida 33432 (“Borrower”), hereby unconditionally promises to pay to the order of COLUMN FINANCIAL, INC., as lender, having an address at 11 Madison Avenue, New York, New York 10010 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of SEVENTY SEVEN MILLION AND NO/100 DOLLARS ($77,000,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate, and to be paid in accordance with the terms of this Note and that certain Loan Agreement, dated the date hereof, between Borrower and Lender (the “Loan Agreement”). All capitalized terms not defined herein shall have the respective meanings set forth in the Loan Agreement.
