0001193125-08-027516 Sample Contracts

Merrill Lynch Bank USA Pledged Collateral Account Control Agreement
Pledged Collateral Account Control Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • New York
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SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This Second Amendment to Credit Agreement (the “Amendment”) is made as of August 31, 2007, between TITAHOTWO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Borrower”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This First Amendment to Credit Agreement (the “Amendment”) is made as of August 31, 2005, between TITAHOTWO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Borrower”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This Third Amendment to Credit Agreement (the “Amendment”) is made as of December 7, 2007, between TITAHOTWO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Borrower”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

FIRST AMENDMENT TO CREDIT AGREEMENT AND AMENDMENT TO NOTE
Credit Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This First Amendment to Credit Agreement and Amendment to Note (the “Amendment”) is made as of December 7, 2007, between TITAHOTWO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Titahotwo”), and TITAHO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Titaho”) (Titahotwo and Titaho are sometimes hereinafter individually referred to as “Borrower”, and collectively and jointly and severally referred to as “Borrowers”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

CREDIT AGREEMENT
Credit Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This Credit Agreement is made as of March 30, 2007, between TITAHOTWO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Titahotwo”), and TITAHO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Titaho”) (Titahotwo and Titaho are sometimes hereinafter individually referred to as “Borrower”, and collectively and jointly and severally referred to as “Borrowers”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Bank”).

PLEDGE AGREEMENT
Pledge Agreement • February 12th, 2008 • Considine Terry • Real estate investment trusts • Colorado

This Pledge Agreement (this “Agreement”) is made as of March 30, 2007 by TITAHO LIMITED PARTNERSHIP, RLLLP, a Colorado limited liability limited partnership (“Titaho” or “Pledgor”), whose address is 4582 South Ulster St. Pkwy., Suite 405, Denver, CO 80237, in favor of U.S. BANK NATIONAL ASSOCIATION (“Bank”), whose main office address in Colorado is 950 Seventeenth Street, Denver, CO 80202.

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