MANAGEMENT AGREEMENT WESTCORE JAY, LLCManagement Agreement • August 11th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • California
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of June 27, 2006, by and between WESTCORE JAY, LLC, a Delaware limited liability company (“Owner”) and WELLCORP PROPERTIES, LLC, a Delaware limited liability company (“Manager”).
PROMISSORY NOTE SECURED BY DEED OF TRUSTPromissory Note • August 11th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, WESTCORE JAY, LLC, a Delaware limited company (“Borrower”), having an address at 4445 Eastgate Mall, Suite 200, San Diego, California 92121, promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), at the office of Lender at Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of Twenty-Three Million Five Hundred Thousand and No/100 Dollars ($23,500,000.00), 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 evidence hereby, at the rate of six and five one-hundredths percent (6.05%) (the “Note Rate”), together with all other amounts due hereunder or under the other Loan Documents (as defined herein), in lawful money
DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP Denver, Colorado 80202 May 11, 2006Purchase Agreement • August 11th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
Reference is made to (i) the Purchase Agreement, dated as of May 3, 2006 (as heretofore or hereafter amended or otherwise modified in accordance with this letter agreement, the “Purchase Agreement”), between Westcore Properties AC, LLC, a Delaware limited liability company (“Westcore”), as buyer, and Jay Street, LLC, as seller (“Seller”), pursuant to which Seller has agreed to sell, and Westcore has agreed to purchase, all of Seller’s right, title and interest in and to that certain real property (the “Property”) having addresses at 3101, 3121, 3131 and 3151 Jay Street, Santa Clara, California (such transaction, the “Property Acquisition Transaction”), and (ii) the letter of intent, dated April 5, 2006 (the “Letter of Intent”), between Westcore and Dividend Capital Total Realty Trust Inc., a Maryland corporation, on behalf of Dividend Capital Total Realty Operating Partnership LP, a Delaware limited partnership (“Dividend Capital”).
