HOTEL LEASE AGREEMENT EFFECTIVE AS OF NOVEMBER , 2004 BETWEEN MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, A VIRGINIA LIMITED PARTNERSHIP, AS LESSOR AND AHM RES II LIMITED PARTNERSHIP, A VIRGINIA LIMITED PARTNERSHIP AS LESSEEHotel Lease Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
THIS HOTEL LEASE AGREEMENT (hereinafter called “Lease”), effective as of the of November, 2004, by and between Marriott Residence Inn II Limited Partnership, a Delaware limited partnership (hereinafter called “Lessor”), and AHM Res II Limited Partnership, a Virginia limited partnership (hereinafter called “Lessee”), provides as follows:
OPEN-END MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
THIS OPEN-END MORTGAGE AND SECURITY AGREEMENT (this “Mortgage”) is made as of November 10, 2004 by AHT RESIDENCE INN II LIMITED PARTNERSHIP, a Virginia limited partnership, as Mortgagor (“Mortgagor”), whose address is 814 E. Main Street, Richmond, Virginia 23219, to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as Mortgagee (“Mortgagee”), whose address is 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.
INDEMNITY AND GUARANTY AGREEMENTIndemnity and Guaranty Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of November 10, 2004 by APPLE HOSPITALITY TWO, INC., a Virginia corporation (“Indemnitor”), whose address is 814 E. Main Street, Richmond, Virginia 23219, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Lender”), whose address is 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.
THIS INSTRUMENT PREPARED BY AND WHEN RECORDED RETURN TO: Kilpatrick Stockton LLP Hearst Tower, Suite 2500 214 North Tryon Street Charlotte, North Carolina 28202 Attention: John Nicholas Suhr, Jr., Esq. (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Loan...Apple Hospitality Two Inc • March 11th, 2005 • Real estate investment trusts
THIS ASSIGNMENT OF LEASES, RENTS AND PROFITS (this “Assignment”) made as of November 10, 2004 by MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, a Delaware limited partnership (“Assignor”), whose address is 814 E. Main Street, Richmond, Virginia 23219, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Assignee”), whose address is 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.
ASSIGNMENT OF CONTRACTS AND PERMITSContracts and Permits • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
THIS ASSIGNMENT OF CONTRACTS AND PERMITS (this “Assignment”), is made as of November 10, 2004, from MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, a Delaware limited partnership (“Assignor”), having an office at 814 E. Main Street, Richmond, Virginia 23219, to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Assignee”), having an office at 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.
PROMISSORY NOTEApple Hospitality Two Inc • March 11th, 2005 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, a Delaware limited partnership (“Maker”), having an address at 814 E. Main Street, Richmond, Virginia 23219, promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Payee”), at the office of Payee at 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282, or at such other place as Payee may designate to Maker in writing from time to time, the principal sum of Four Million Eight Hundred Seventy-Five Thousand and No/100 Dollars ($4,875,000.00), together with interest on so much thereof as is from time to time outstanding and unpaid, from the date of the advance of the principal evidenced hereby, at the rate of six and eighty-eight one hundredths percent (6.88%) per annum (the “Note Rate”), together with all other amounts due hereunder or under the other Loan Documents (as defined in the Security Instrument), in lawful money of the United States of
FIRST AMENDMENT TO OWNER AGREEMENTOwner Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts • Maryland
THIS FIRST AMENDMENT TO OWNER AGREEMENT (“First Amendment”) is being entered into as of November 10, 2004, by and among MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, a Delaware limited partnership with a mailing address at 814 East Main Street, Richmond, Virginia 23219 (“Pool 1 Lessor”); AHM RES II LIMITED PARTNERSHIP, a Virginia limited partnership with a mailing address at 814 East Main Street, Richmond, Virginia 23219 (“Lessee”); AHT RESIDENCE INN II LIMITED PARTNERSHIP, a Virginia limited partnership with a mailing address at 814 East Main Street, Richmond, Virginia 23219 (“Pool 2 Lessor”); AHT CAROLINA LIMITED PARTNERSHIP, a Virginia limited partnership with a mailing address at 814 East Main Street, Richmond, Virginia 23219 (“Residual Lessor”) (Pool 1 Lessor, Pool 2 Lessor and Residual Lessor referred to herein jointly and severally, as “Lessor”); and RESIDENCE INN BY MARRIOTT, INC., a Delaware corporation with a mailing address at 10400 Fernwood, Bethesda, MD 20817 (“Manager”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), made as of November 10, 2004 jointly and severally by MARRIOTT RESIDENCE INN II LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), whose address is 814 E. Main Street, Richmond, Virginia 23219, and by APPLE HOSPITALITY TWO, INC., a Virginia corporation (“Principal”) whose address is 814 E. Main Street, Richmond, Virginia 23219 (Borrower and Principal being referred to herein collectively as “Indemnitors” and individually as “Indemnitor”), in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Lender”), whose address is 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.
FIRST AMENDMENT TO AMENDED AND RESTATED MANAGEMENT AGREEMENT by and between RESIDENCE INN BY MARRIOTT, INC. as “MANAGER” and AHM RES II LIMITED PARTNERSHIP as “LESSEE” Dated as of November 10, 2004Management Agreement • March 11th, 2005 • Apple Hospitality Two Inc • Real estate investment trusts
This First Amendment to Amended and Restated Management Agreement (“First Amendment”) is executed as of the 10th day of November 2004 (“Execution Date”), by AHM RES II LIMITED PARTNERSHIP, a Virginia limited partnership (“Lessee”), with a mailing address at 10 South Third Street, Richmond, Virginia 23219, and RESIDENCE INN BY MARRIOTT, INC. (“Manager”), a Delaware corporation, with a mailing address at 10400 Fernwood Road, Bethesda, Maryland 20058.
