CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Illinois
THIS CONTRACT OF SALE (this “Agreement”) is made and entered into as of the 27th day of August, 2007, by and among WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company (“Phase I”), and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (“Phase II”, together with Phase I, “Seller”), each having an address c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167, and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company, having an address at 205 West Wacker, Suite 1000, Chicago, Illinois 60606 (“Purchaser”).
DEED TO SECURE DEBT, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTSDeed to Secure Debt, Security Agreement and Assignment of Leases and Rents • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
THIS DEED TO SECURE DEBT, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS (this “Deed to Secure Debt”) is given as of August 1, 2007, by KBS ROYAL RIDGE, LLC, a Delaware limited liability company (“Grantor”), in favor of, and for the use and benefit of AIG ANNUITY INSURANCE COMPANY, a Texas corporation, whose legal address is c/o AIG Global Investment Corp., 1 SunAmerica Center, 38th Floor, Century City, Los Angeles, California 90067-6022 (“Grantee”).
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO CONTRACT OF SALE (this “Amendment”) dated September 24, 2007, is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”), and WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company, and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (collectively, “Seller”), with reference to the following recitals:
OPERATING AGREEMENT OF NEW LEAF – KBS JV, LLC A DELAWARE LIMITED LIABILITY COMPANY DATED AS OF August 8, 2007Operating Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
NOTEHOLDERS’ AGREEMENT (Mezzanine Loan) Dated as of June 28, 2007 by and among COLUMN FINANCIAL, INC. as Original Lender and as Initial Note A-2 Holder CBRE REALTY FINANCE HOLDINGS IV, LLC as Initial Note A-1 Holder, and LASALLE BANK NATIONAL...Noteholders’ Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS NOTEHOLDERS’ AGREEMENT, dated as of June 28, 2007, by and among Column Financial, Inc., a Delaware corporation having an address at 11 Madison Avenue, New York, New York 10010 (“Column” or “Original Lender”), as seller and initial Note A-2 Holder (in such capacity, the “Initial Note A-2 Holder”), CBRE REALTY FINANCE HOLDINGS IV, LLC, a Delaware limited liability company (“CBRE”), as initial Note A-1 Holder (in such capacity, the “Initial Note A-1 Holder”), and LaSalle Bank National Association (“LaSalle”), as Collateral Agent and Custodian (each as hereinafter defined). Each of the Initial Note A-1 Holder and the Initial Note A-2 Holder is referred to herein as, individually, an “Initial Holder” and as, collectively, the “Initial Holders”.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • District of Columbia
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of September 13, 2007 (the “Effective Date”), is made by and between Patrick Henry Corporate Center, LLC, a Virginia limited liability company (“Seller”), and KBS Capital Advisors LLC, a Delaware limited liability company (“Purchaser”).
MEZZANINE A LOAN AGREEMENT Dated as of August 8, 2007 Between NATIONAL INDUSTRIAL MEZZ A, LLC, as Borrower NATIONAL INDUSTRIAL MEZZ B, LLC, as Mezzanine A Pledgor and CITIGROUP GLOBAL MARKETS REALTY CORP., as LenderMezzanine Loan Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS MEZZANINE A LOAN AGREEMENT, dated as of August 8, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having its place of business at 388 Greenwich Street, 11th Floor, New York, NY 10013, (“Lender”), NATIONAL INDUSTRIAL MEZZ A, LLC, a Delaware limited liability company, having its principal place of business at c/o Hackman Capital Partners, LLC, 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025 (“Borrower”) and NATIONAL INDUSTRIAL MEZZ B, LLC, a Delaware limited liability company, having its principal place of business at c/o Hackman Capital Partners, LLC, 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025 (“Mezzanine A Pledgor”; together with the Borrower, hereinafter referred to as “Pledgor”).
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Second Amendment to the Purchase and Sale Agreement (this “Second Amendment”) is made as of this 8th day of August 2007 by and between each of the entities set forth on Schedule A to the Agreement (as hereinafter defined), each having an address c/o Equity Industrial Partners Corp., 145 Rosemary Street, Suite E, Needham, Massachusetts 02494 (collectively, the “Seller”), and Hackman Capital Partners, LLC, having an address of 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025 (“Buyer”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “First Amendment”) is made as of the 13th day of August, 2007, by and between KBS PLANO CORPORATE CENTER, LLC, a Delaware limited liability company (“Buyer”), and PCCP LINCOLN PLANO CORPORATE CENTER, L.P., a Delaware limited partnership (“Seller”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Assignment and Assumption of Purchase Agreement (“Assignment”) is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Assignor”) and KBS ADP PLAZA, LLC, a Delaware limited liability company (“Assignee”), as of August 7, 2007 (“Effective Date”).
CITIGROUP GLOBAL MARKETS REALTY CORP. New York, New York 10013 August 8, 2007Mezzanine Loan Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This letter is between Lender and Borrower. To induce Lender to make the Loan, and in consideration of Lender’s making the Loan, the sufficiency of such consideration being hereby acknowledged, the parties agree as follows:
FOURTH AMENDMENT TO CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This FOURTH AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is dated as of the 26th day of September, 2007 by and between WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company (“Phase I”), and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (“Phase II”, together with Phase I, “Seller”), and KBS WOODFIELD PRESERVE, LLC, a Delaware limited liability company, (“Purchaser”).
COLLATERAL SUBSTITUTION AGREEMENTCollateral Substitution Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Texas
THIS COLLATERAL SUBSTITUTION AGREEMENT (this “Agreement”) dated as of September 13, 2007, is made by and between KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Industrial Borrower”), KBS ADP PLAZA, LLC, a Delaware limited liability company (“ADP Borrower” and, together with Industrial Borrower, “Borrower”), and AMERICAN GENERAL LIFE INSURANCE COMPANY, a Texas corporation (“Lender”).
LOAN AGREEMENT BY AND BETWEEN PRIME LASALLE/MADISON PARTNERS, LLC (“Borrower”) AND KBS DEBT HOLDINGS, LLC (“Lender”)Loan Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS LOAN AGREEMENT (this “Agreement”) is made as of August 8, 2007, by and among KBS DEBT HOLDINGS, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”), and PRIME LASALLE/MADISON PARTNERS, LLC, an Illinois limited liability company (“Borrower”).
DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING, FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTSDeed of Trust • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING, FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS (this “Deed of Trust”) is given as of July 16, 2007, by KBS BRIDGEWAY TECHNOLOGY CENTER, LLC, a Delaware limited liability company (“Trustor”), to CHICAGO TITLE INSURANCE COMPANY (“Trustee”), for the use and benefit of MERIT LIFE INSURANCE COMPANY, an Indiana corporation (“Beneficiary”).
MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING, FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTSMortgage, Security Agreement, Fixture Filing, Financing Statement and Assignment of Leases and Rents • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Minnesota
THIS MORTGAGE, SECURITY AGREEMENT, FIXTURE FILING, FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS (this “Mortgage”) is executed as of September 13, 2007, by KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Mortgagor”), in favor of, and for the use and benefit of, AMERICAN GENERAL LIFE INSURANCE COMPANY, a Texas corporation (“Mortgagee”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Assignment and Assumption of Purchase Agreement (“Assignment”) is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Assignor”) and KBS WOODFIELD PRESERVE, LLC (“Assignee”), as of September 25, 2007 (“Effective Date”).
AMENDED AND RESTATED INTERCREDITOR AGREEMENT by and among PB CAPITAL CORPORATION, as Senior Lender, LASALLE BANK NATIONAL ASSOCIATION Solely as Collateral Agent and Custodian COLUMN FINANCIAL, INC. As Initial Note A-2 Holder CBRE REALTY FINANCE CDO...Intercreditor Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED INTERCREDITOR AGREEMENT, dated as of September 24, 2007 (this “Agreement”), is by and among PB CAPITAL CORPORATION, a Delaware corporation, as the initial Senior Lender and as administrative agent for the Mortgage Lenders (hereinafter defined), having an office at 230 Park Avenue, 19th Floor, New York, New York 10169 (“Senior Lender”); LASALLE BANK NATIONAL ASSOCIATION, solely as Collateral Agent and Custodian, COLUMN FINANCIAL, INC., a Delaware corporation, having an office at Eleven Madison Avenue, New York, New York 10010 (“Column”), as First Mezzanine Note A-2 Holder and CBRE REALTY FINANCE CDO 2007-1, LTD. (“CBRE CDO”), as First Mezzanine Note A-1 Holder, (CBRE CDO and Column, collectively, “First Mezzanine Lender”); and COLUMN FINANCIAL, INC., a Delaware corporation, having an office at Eleven Madison Avenue, New York, New York 10010 (“Second Mezzanine Lender”). First Mezzanine Lender and Second Mezzanine Lender are sometimes referred to herein individua
MEZZANINE LOAN NOTE A-2 (First Mezzanine Loan)Mezzanine Loan Note • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED SLAZER ENTERPRISES SENIOR LLC, MADISON PARK GROUP SENIOR LLC, JMJS 23RD STREET REALTY SENIOR LLC and FKF MADISON GROUP SENIOR LLC, each a Delaware limited liability company, as a maker, each having an address c/o Slazer Enterprises LLC, 230 Congers Road, New City, New York 10956 (each a “Borrower” and collectively, “Borrowers”), hereby unconditionally promise to pay to the order of COLUMN FINANCIAL, INC., a Delaware corporation, as a lender under the Loan Agreement (hereinafter defined), having an address at 11 Madison Avenue, New York, New York 10010 (“Holder”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of TWENTY ONE MILLION AND NO/100 DOLLARS ($21,000,000.00), or so much thereof as is advanced pursuant to that certain First Mezzanine Loan Agreement, dated the date hereof, between Borrowers and Holder (as the same may be consolidated, amended, restated, replaced, supplemented or otherwise modified from
FIRST AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “First Amendment”) is made as of the 5th day of July, 2007, by and between MBS ARLINGTON LIMITED PARTNERSHIP, a Delaware limited partnership (“Seller”), and KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Buyer”), with reference to the following facts:
FIRST MEZZANINE LOAN AGREEMENT Dated as of June 19, 2007 By and Between SLAZER ENTERPRISES SENIOR LLC, MADISON PARK GROUP SENIOR LLC, JMJS 23RD STREET REALTY SENIOR LLC and FKF MADISON GROUP SENIOR LLC, collectively, as Borrower and COLUMN FINANCIAL,...First Mezzanine Loan Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS FIRST MEZZANINE LOAN AGREEMENT, dated as of June 19, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is by and among SLAZER ENTERPRISES SENIOR LLC, MADISON PARK GROUP SENIOR LLC, JMJS 23RD STREET REALTY SENIOR LLC and FKF MADISON GROUP SENIOR LLC, each a Delaware limited liability company, having an address c/o Slazer Development LLC, 230 Congers Road, New City, New York 10956 (each a “Borrower” and collectively, “Borrowers”), and COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010 (including any of its successors and assigns, “Lender”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “First Amendment”) is made as of the 19th day of September, 2007, by and between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”), and PATRICK HENRY CORPORATE CENTER, LLC, a Virginia limited liability company (“Seller”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
PROMISSORY NOTE (Unsecured)Promissory Note • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned KBS LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”), promise(s) to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), at the Los Angeles Loan Center in El Segundo, California, or at such other place as may be designated in writing by Lender, the principal sum of SEVENTY SIX MILLION FOUR HUNDRED THOUSAND AND NO/100 DOLLARS ($76,400,000) or so much thereof as may from time to time be owing hereunder by reason of advances by Lender to or for the benefit or account of Borrower, with interest thereon, per annum, at one or more of the Effective Rates calculated in accordance with the terms and provisions of the Fixed Rate Agreement attached hereto as Exhibit A and a Fixed Rate Notice described on Exhibit B attached hereto (based on a 360-day year and charged on the basis of actual days elapsed). All sums owing hereunder are payable in lawful money of the United States of America, in immediately available funds.
AMENDMENT NO. 4 TO ADVISORY AGREEMENTAdvisory Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 4 to the Advisory Agreement dated as of November 8, 2006 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of July 17, 2007 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement, as amended.
AMENDMENT NO. 5 TO ADVISORY AGREEMENTAdvisory Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 5 to the Advisory Agreement dated as of November 8, 2006 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of August 7, 2007 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
REAL PROPERTY PURCHASE AGREEMENT Between ANTARES-A, INC., a Delaware corporation as Seller and KBS Capital Advisors LLC, a Delaware limited liability company as BuyerReal Property Purchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Oregon
This Real Property Purchase Agreement (“Agreement”), dated July 2, 2007, is made in Portland, Oregon, between ANTARES-A, INC., a Delaware corporation (“Seller”), and KBS Capital Advisors LLC, a Delaware limited liability company (“Buyer”).
NATIONAL INDUSTRIAL PORTFOLIO BORROWER, LLC, as mortgagor [grantor] (Borrower) to [ , as trustee] [(Trustee)] [for the benefit of] CITIGROUP GLOBAL MARKETS REALTY CORP., as mortgagee [beneficiary] (Lender) MORTGAGE [DEED OF TRUST], ASSIGNMENT OF...Mortgage • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Security Instrument is given to secure a portion of a loan (the “Loan”) in the principal sum of [ AND 00/100 DOLLARS ($ )] made pursuant to that certain Loan Agreement, dated as of the date hereof, between Borrower and Lender (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the “Loan Agreement”) and evidenced by that certain Consolidated, Amended and Restated Promissory Note, dated the date hereof, made by Borrower in favor of Lender (such Consolidated, Amended and Restated Promissory Note, together with all extensions, renewals, replacements, restatements, amendments, supplements, severances or modifications thereof being hereinafter referred to as the “Note”).
MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENTMortgage, Assignment of Leases and Rents, Security Agreement, Fixture Filing and Financing Statement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT (this “Mortgage”) is made this 8th day of August, 2007, by PRIME LASALLE/MADISON PARTNERS, LLC, an Illinois limited liability company (herein, together with its successors and assigns, the “Borrower”), and having its address at: c/o The Prime Group, Inc., 321 North Clark Street, Suite 2500, Chicago, IL 60610, in favor of KBS DEBT HOLDINGS, LLC, a Delaware limited liability company (herein, the “Lender”), having its address at c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, Attention: Stacie Yamane, together with its successors and assigns.
PURCHASE AND SALE AGREEMENT BY AND BETWEEN Equity Industrial Moosup Pond Limited Partnership, Equity Industrial Plainfield Limited Partnership, Sherichic Distribution Associates Limited Partnership, Equity Industrial Chicopee LLC, Equity Industrial...Purchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Massachusetts
This Purchase and Sale Agreement (this “Agreement”) is entered into as of the 23rd day of April, 2007 by and between each of the entities set forth on Schedule A hereto (collectively, the “Seller”), each having an address c/o Equity Industrial Partners Corp., 145 Rosemary Street, Suite E, Needham, Massachusetts 02494 and Hackman Capital Partners, LLC, a California limited liability company (the “Buyer”) having an address of 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025.
GENERAL ASSIGNMENT AND ASSUMPTION (First Mezzanine Loan)General Assignment and Assumption • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
COLUMN FINANCIAL, INC., a Delaware corporation (“Assignor”), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants, sells, transfers, delivers, sets-over and conveys to KBS ONE MADISON PARK, LLC (“Assignee”) all right, title and interest of Assignor as the holder of Note A-2 in, to and under or arising out of that certain mezzanine loan made by Assignor to Slazer Enterprises Senior LLC, Madison Park Group Senior LLC, JMJS 23rd Street Realty Senior LLC and FKF Madison Group Senior LLC, each a Delaware limited liability company, in the original principal amount of $42,000,000.00 (the “Mezzanine Loan”), which Mezzanine Loan is evidenced, secured by and more particularly described in those documents set forth in Schedule I attached hereto and made a part hereof (collectively, the “Mezzanine Loan Documents”), TOGETHER WITH all right, title and interest of Assignor in, to and under or arising out of:
Amendment to Purchase and Sale AgreementPurchase and Sale Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Amendment to Purchase and Sale Agreement (the “Amendment”) is entered into as of the 22nd day of May, 2007 by and between each of the entities set forth on Schedule A to the P&S (as hereinafter defined), each having an address c/o Equity Industrial Partners Corp., 145 Rosemary Street, Suite E, Needham, Massachusetts 02494 (collectively, the “Seller”), and Hackman Capital Partners, LLC, a California limited liability company, having an address of 11111 Santa Monica Boulevard, Suite 950, Los Angeles, California 90025 (the “Buyer”).
LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENTLeasehold Mortgage, Assignment of Leases and Rents and Security Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Security Instrument is given to secure a portion of a loan (the “Loan”) in the principal sum of [ AND 00/100 DOLLARS ($ )] made pursuant to that certain Loan Agreement, dated as of the date hereof, between Borrower and Lender (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, the “Loan Agreement”) and evidenced by that certain Promissory Note, dated the date hereof, made by Borrower in favor of Lender (such Promissory Note, together with all extensions, renewals, replacements, restatements, amendments, supplements, severances or modifications thereof being hereinafter referred to as the “Note”).
FIRST AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “First Amendment”) is made as of the 5th day of July, 2007, by and between OPUS REAL ESTATE VI LIMITED PARTNERSHIP, a Delaware limited partnership (“Seller”), and KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Buyer”), with reference to the following facts:
FIRST AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “First Amendment”) is made as of the 5th day of July, 2007, by and between OIRE MICHIGAN, L.L.C., a Delaware limited liability company (“Seller”), and KBS INDUSTRIAL PORTFOLIO (MI), LLC, a Delaware limited liability company (“Buyer”), with reference to the following facts:
FIRST AMENDMENT TO CONTRACT OF SALEContract of Sale • October 3rd, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRACT OF SALE (this “Amendment”) dated September 21, 2007, is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”), and WOODFIELD PRESERVE PHASE I LLC, a Delaware limited liability company, and WOODFIELD PRESERVE PHASE II LLC, a Delaware limited liability company (collectively, “Seller”), with reference to the following recitals:
