0001193125-04-162847 Sample Contracts

MASTER AGREEMENT REGARDING LEASES
Master Agreement Regarding Leases • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts • New York

THIS MASTER AGREEMENT REGARDING LEASES (this “Master Agreement”) is made and entered into as of September 22, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (herein called “Wachovia N.A.”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (herein called “Master Landlord Named Herein”).

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FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE
Agreement of Sale and Purchase • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts

THIS FIRST AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Agreement”) is made and entered into as of June , 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 225 Water Street, 8th Floor, Jacksonville, Florida 32202 (“Seller”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company having an address c/o First States Group, L.P., at 1725 The Fairway, Jenkintown, Pennsylvania 19046 (“Purchaser”).

SECOND AMENDMENT TO AGREEMENT OF SALE AND PURCHASE
Agreement of Sale and Purchase • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts

THIS SECOND AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Agreement”) is made and entered into as of August 16, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 225 Water Street, 8th Floor, Jacksonville, Florida 32202 (“Seller”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company, having an address c/o First States Group, L.P., at 1725 The Fairway, Jenkintown, Pennsylvania 19046 (“Purchaser”).

THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASE
Agreement of Sale and Purchase • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts

THIS THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Agreement”) is made and entered into as of September 22, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 225 Water Street, 8th Floor, Jacksonville, Florida 32202 (“Seller”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company, having an address c/o First States Group, L.P., at 1725 The Fairway, Jenkintown, Pennsylvania 19046 (“Purchaser”).

LOAN AGREEMENT Dated as of September 22, 2004 Between FIRST STATES INVESTORS 3300, LLC, as Borrower and LEHMAN BROTHERS HOLDINGS INC. as Lender
Loan Agreement • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts • New York

THIS LOAN AGREEMENT, dated as of September 22, 2004 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation, having an address at 399 Park Avenue, New York, New York 10022 (“Lender”) and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company, having its principal place of business at c/o American Financial Realty Trust, 680 Old York Road, Suite 200, Jenkintown, Pennsylvania 19046 (“Borrower”).

AGREEMENT OF SALE AND PURCHASE BETWEEN WACHOVIA BANK, NATIONAL ASSOCIATION (“SELLER”) AND FIRST STATES INVESTORS 3300, LLC (“PURCHASER”) Dated: May 10, 2004
Agreement of Sale and Purchase • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts • New York

THIS AGREEMENT OF SALE AND PURCHASE (“Agreement”) is made and entered into as of May 10, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 225 Water Street, 8th Floor, Jacksonville, Florida 32202 (“Seller”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company having an address c/o First States Group, L.P., at 1725 The Fairway, Jenkintown, Pennsylvania 19046 (“Purchaser”). Terms with initial capital letters shall have the meanings assigned to such terms in Section 1.

LEASE GUARANTY
Lease Guaranty • September 28th, 2004 • American Financial Realty Trust • Real estate investment trusts • North Carolina

GUARANTY dated as of September 22, 2004 by WACHOVIA CORPORATION, a North Carolina corporation (“Guarantor”), in favor of First States Investors 3300, LLC, a Delaware limited liability company (“Guaranteed Party”), as lessor under that certain Lease Agreement (the “Lease”), dated of even date herewith, between Guaranteed Party and Wachovia Bank, National Association (“Wachovia”) with respect to a portion of the property more particularly described on Schedule A attached hereto.

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