MULTIFAMILY NOTE MULTISTATE – FIXED TO FLOAT (REVISION DATE 2-15-2008)Multifamily Note • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (together with such party’s or parties’ successors and assigns, “Borrower”), jointly and severally (if more than one) promises to pay to the order of HOLLIDAY FENOGLIO FOWLER, L.P., a Texas limited partnership, the principal sum of Twenty-Eight Million Seven Hundred Thousand and 00/100 Dollars (US $28,700,000.00), with interest on the unpaid principal balance, as hereinafter provided.
MULTIFAMILY DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (GEORGIA – REVISION DATE 05-11-2004)Multifamily Deed to Secure Debt, Assignment of Rents and Security Agreement • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
THIS MULTIFAMILY DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made to be effective as of the 5th day of August, 2008, between FPA/PRIP CONIFER, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is c/o Fowler Property Acquisitions, LLC, 100 Bush Street, Suite 510, San Francisco, CA 94104, as grantor (“Borrower”), and HOLLIDAY FENOGLIO FOWLER, L.P., a limited partnership organized and existing under the laws of Texas, whose address is 9 Greenway Plaza, Suite 700, Houston, Texas 77046, as grantee (“Lender”). Borrower’s organizational identification number, if applicable, is 4542375.
LIMITED LIABILITY COMPANY AGREEMENT OF FPA/PRIP CONIFER, LLCLimited Liability Company Agreement • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts • Delaware
The Percentage Interest of the Non-Contributing Member therefore would be reduced by 6.7610 percentage points from 57.46819% to 50.70719%, and the Percentage Interest of the Contributing Member would be increased by a like amount of percentage points from 42.53181% to 49.29281%.
REPAIR ESCROW AGREEMENT (Acquisition Upgrade) (REVISION DATE 01-31-2003)Repair Escrow Agreement • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
This REPAIR ESCROW AGREEMENT (“Agreement”) is made and entered into, to be effective as of August 5, 2008, by and between FPA/PRIP CONIFER, LLC, a Delaware limited liability company (“Borrower”), and HOLLIDAY FENOGLIO FOWLER, L.P., a Texas limited partnership (“Lender”) and its successors and assigns.
CONIFER CROSSING NORCROSS, GEORGIA PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts • Georgia
THIS PURCHASE AND SALE AGREEMENT is made and entered into this 2nd day of April, 2008, by and between SIMPSON FINANCING LIMITED PARTNERSHIP, a Colorado limited partnership (“Seller”) and FOWLER PROPERTY ACQUISITIONS, LLC, a California limited liability company (“Purchaser”).
GUARANTY MULTISTATE (for use in all Property jurisdictions except California) REVISION DATE 05/06/2005Guaranty • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
This Guaranty (“Guaranty”) is entered into to be effective as of August 5, 2008, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of HOLLIDAY FENOGLIO FOWLER, L.P., a Texas limited partnership (the “Lender”).
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF PURCHASE AND SALEAssignment and Assumption of Agreement of Purchase and Sale • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION (this “Assignment”) is dated May 22, 2008, by and between FOWLER PROPERTY ACQUISITIONS, LLC, a California limited liability company (“Assignor”) and FPA CONIFER ASSOCIATES, LLC, a Delaware limited liability (“Assignee”) with reference to the following:
AMENDMENT TO ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF PURCHASE AND SALEAssignment and Assumption of Agreement of Purchase and Sale • August 8th, 2008 • Paladin Realty Income Properties Inc • Real estate investment trusts
THIS AMENDMENT TO ASSIGNMENT AND ASSUMPTION (this “Amendment to Assignment”) is dated July 27, 2008, by and between FOWLER PROPERTY ACQUISITIONS, LLC, a California limited liability company (“Assignor”) and FPA CONIFER ASSOCIATES, LLC, a Delaware limited liability (“Assignee”) with reference to the following:
