ADVISORY AGREEMENT between KBS REAL ESTATE INVESTMENT TRUST, INC. and KBS CAPITAL ADVISORS LLC November 8, 2007Advisory Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
This Advisory Agreement, dated as of November 8, 2007 (the “Agreement”), is between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”).
LOAN AGREEMENT (Non-Revolving) BETWEEN KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company, AS BORROWER, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS LENDER Dated as of November 7, 2007 Loan No. 105155Loan Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT is dated as of November 7, 2007 (as amended, supplemented or modified from time to time, the “Agreement”) and is between KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).
THIS MORTGAGE SECURES A NOTE WHICH PROVIDES FOR A VARIABLE INTEREST RATE NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ENFORCEMENT OF THIS MORTGAGE IS LIMITED TO A DEBT AMOUNT OF $11,500,000 UNDER CHAPTER 287 OF MINNESOTA STATUTES. MORTGAGE WITH...Mortgage • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS MORTGAGE WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Mortgage”), made as of November 7, 2007, is executed by KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Mortgagor”), having an address of c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660, to and for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Mortgagee”), having an address of 2030 Main Street, Suite 800, Irvine, CA 92614 .
AMENDMENT NO. 6 TO ADVISORY AGREEMENTAdvisory Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 6 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 October 26, 2007 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
AMENDED AND RESTATED PROMISSORY NOTE BPromissory Note • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Amended and Restated Promissory Note amends and restates, in part, and is one of two notes into which that certain Whole Note is split and severed as more specifically set forth in Article V below.
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • November 19th, 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 SOUTH TOWNE, LLC, a Delaware limited liability company (“Assignee”), as of October 9, 2007 (“Effective Date”).
FIRST AMENDMENT TO PURCHASE AGREEMENT FOR REAL PROPERTY AND ESCROW INSTRUCTIONSPurchase Agreement for Real Property • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT FOR REAL PROPERTY AND ESCROW INSTRUCTIONS (this “Amendment”) dated as of October 10th, 2007, is entered into between KBS SOUTH TOWNE, LLC, a Delaware limited liability company (“Buyer”), and WORKERS COMPENSATION FUND, a Utah corporation, formerly known as Workers Compensation Fund of Utah (“Seller”), with reference to the following recitals:
THIS DEED TO SECURE DEBT SECURES A NOTE WHICH PROVIDES FOR A VARIABLE INTEREST RATE DEED TO SECURE DEBT, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENTDeed to Secure Debt • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Georgia
THE PARTIES TO THIS DEED TO SECURE DEBT, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (“Security Deed”), made as of November 7, 2007, are KBS INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Grantor”), having an address c/o KBS Capital Advisors, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, CA 92660, and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Grantee”), having an address of 2030 Main Street, Suite 800, Irvine, CA 92614 .
LOAN AGREEMENTLoan Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
AGREEMENT OF PURCHASE AND SALE For Nashville Flex PortfolioPurchase and Sale Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Tennessee
THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is made and entered into as of this 25th day of October, 2007 (the “Contract Date”) by and between FirstCal Industrial 2 Acquisition, LLC (“Seller”), and KBS Nashville Industrial Portfolio I, LLC, a Delaware limited liability company (“Purchaser”).
INTERCREDITOR AND SERVICING AGREEMENTIntercreditor and Servicing Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS INTERCREDITOR AND SERVICING AGREEMENT (this “Agreement”) dated as of the 15th day of August, 2007 by and between WACHOVIA BANK, NATIONAL ASSOCIATION, having an address at 301 South College Street – NC0166, Charlotte, North Carolina 28288-0166 (“Initial Lead Lender”), and MW1-2002, LLC, having an address at 301 South College Street – NC0166, Charlotte, North Carolina 28288-0166 (“Initial Co-Lender”).
PURCHASE AGREEMENT FOR REAL PROPERTY AND ESCROW INSTRUCTIONS BETWEEN KBS CAPITAL ADVISORS LLC AS BUYER AND WORKERS COMPENSATION FUND AS SELLER September 10, 2007Purchase Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Utah
This Purchase Agreement for Real Property and Escrow Instructions (“Agreement”), effective as of September 10, 2007 (“Effective Date”), is entered into by and between WORKERS COMPENSATION FUND, a Utah corporation, formerly known as Workers Compensation Fund of Utah (“Seller”), as seller, and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Buyer”), as buyer.
MODIFICATION AGREEMENT Unsecured LoanModification Agreement • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS MODIFICATION AGREEMENT (“Agreement”) is dated as of October 23, 2007, by and between Wells Fargo Bank, National Association (“Lender”), and KBS LIMITED PARTNERSHIP, a Delaware limited partnership (“Borrower”).
THIS INSTRUMENT PREPARED BY AND WHEN RECORDED RETURN TO: Kilpatrick Stockton LLP Hearst Tower, Suite 2500 214 North Tryon Street Charlotte, North Carolina 28202 Attn: John Nicholas Suhr, Jr., Esq. (SPACE ABOVE THIS LINE FOR RECORDER’S USE) Loan No.:...Deed of Trust, Security Agreement and Fixture Filing • November 19th, 2007 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING (as the same may from time to time be amended, consolidated, renewed or replaced, this “Deed of Trust”) is made as of March 30, 2007 by UTC PROPERTIES LLC, a Delaware limited liability company, as grantor (“Borrower”), whose address is P.O. Box 6380, Newport Beach, California 92658-6380, Attn: Senior Vice President, Project Finance and Banking, to TRSTE, INC., a Virginia corporation, as Trustee (“Trustee”), having an address at 301 South College Street, Charlotte, North Carolina 28288, for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as beneficiary (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
