0001193125-05-061702 Sample Contracts

MORTGAGE AND SECURITY AGREEMENT (LEASEHOLD)
Mortgage and Security Agreement • March 28th, 2005 • Eagle Hospitality Properties Trust, Inc. • Real estate investment trusts

THIS MORTGAGE AND SECURITY AGREEMENT (this “Instrument”) is made as of the 15th day of February, 2005, by RIVERCENTER LANDMARK TRS, Inc., a Maryland corporation, having its principal office and place of business at c/o Eagle Hospitality Properties Trust, Inc., 100 E. RiverCenter Boulevard, Suite 480, Covington, Kentucky 41011, as mortgagor (“Borrower”), to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at c/o Prudential Asset Resources, 2200 Ross Avenue, Suite 4900-E, City of Dallas, County of Dallas, Texas 75201, as mortgagee (“Lender”).

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Deed of Trust, Assignment and Security Agreement
Deed of Trust, Assignment and Security Agreement • March 28th, 2005 • Eagle Hospitality Properties Trust, Inc. • Real estate investment trusts

THIS DEED OF TRUST, ASSIGNMENT AND SECURITY AGREEMENT (this “Deed of Trust”) is made as of the 22nd day of February, 2005, by and between EHP PHOENIX SUITES, LLC (“EHP”), Delaware limited liability company, and PHOENIX SUITES TRS, INC. (“TRS”), a Maryland corporation (EHP and TRS are sometimes hereinafter individually and collectively referred to as the “Grantor”), each of whose address is 100 East RiverCenter Blvd. Suite 480, Covington, Kentucky 41001, and Stewart Title & Trust of Phoenix, Inc (the “Trustee”) with an address at 244 West Osborn Road, Phoenix Arizona 85013, for the benefit of U.S. BANK NATIONAL ASSOCIATION (the “Lender”), with an address at c/o Commercial Real Estate Department, 425 Walnut Street, 10th Floor, CN-OH-W10C, Cincinnati, Ohio 45202.

AGREEMENT OF SALE AND PURCHASE between UP STONECREEK, INC., an Arizona corporation, “Seller” and EHP OPERATING PARTNERSHIP, L.P., a Maryland limited partnership, “Buyer” with Escrow Instructions for STEWART TITLE GUARANTY COMPANY, as Escrow Agent
Agreement of Sale and Purchase • March 28th, 2005 • Eagle Hospitality Properties Trust, Inc. • Real estate investment trusts • Arizona

THIS AGREEMENT OF SALE AND PURCHASE (this “Agreement”), dated as of December 29, 2004, is between UP STONECREEK, INC., an Arizona corporation (“Seller”), and EHP OPERATING PARTNERSHIP, L.P., a Maryland limited partnership (“Buyer”).

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