OFFICE LEASE 350 EAST PLUMERIA DRIVE, SAN JOSE, CALIFORNIA Between BRE/PLUMERIA, LLC, a Delaware limited liability company, as Landlord, and NETGEAR, INC., a Delaware corporation, as Tenant.Office Lease • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
LOAN AGREEMENT (Non-Revolving) BETWEEN KBSII 100-200 CAMPUS DRIVE, LLC, a Delaware limited liability company, AS BORROWER, AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS LENDER Dated as of September 9, 2008 Loan No. 1000625Loan Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT is dated as of September 9, 2008 (as amended, supplemented or modified from time to time, the “Agreement”) and is between KBSII 100-200 CAMPUS DRIVE, LLC, a Delaware limited liability company (“Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).
CONTRACT OF SALEContract of Sale • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New Jersey
THIS CONTRACT OF SALE (this “Agreement”) is made and entered into as of the 17th day of July, 2008, by and between 100/200 CAMPUS DRIVE, L.L.C., a Delaware limited liability company, having an address at 245 Park Avenue, New York, New York 10167 (“Seller”) and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company, having an address at 590 Madison Avenue, 26th Floor, New York, New York 10022 (“Purchaser”).
MEZZANINE LOAN AGREEMENTMezzanine Loan Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New York
This MEZZANINE LOAN AGREEMENT (this “Agreement”), dated as of September 9, 2008, is between KBSII REIT ACQUISITION I, LLC, a Delaware limited liability company (“Borrower”), with a mailing address at 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), with a mailing address at 2030 Main Street, Suite 800, Irvine, California 92614.
PROMISSORY NOTE (Mezzanine Loan)Promissory Note • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This Note is secured by, among other things, (a) a Pledge and Security Agreement (“Pledge Agreement”), dated as of the date hereof, from Maker to Holder and encumbering the Collateral (as defined in the Pledge Agreement) and (b) a Mezzanine Loan Agreement (“Loan Agreement”), dated as of the date hereof, from Maker to Holder. Obligations, Loan Documents and all other capitalized terms used in this Note and not expressly defined herein shall have the meanings assigned to such terms in the Loan Agreement. The terms and provisions of the Loan Documents, other than this Note, are hereby fully incorporated into this Note by reference.
AMENDMENT TO CONTRACT OF SALEContract of Sale • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New Jersey
This AMENDMENT TO CONTRACT OF SALE (this “Amendment”) dated as of July 25, 2008 by and between 100/200 CAMPUS DRIVE, L.L.C., a Delaware limited liability company, having an address at 245 Park Avenue, New York, New York 10167 (“Seller”) and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company, having an address at 590 Madison Avenue, 26th Floor, New York, New York 10022 (“Purchaser”).
FIRST AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “Amendment”) is made as of the 6th day of October, 2008, by and between BRE/PLUMERIA L.L.C., a Delaware limited liability company (“Seller”), and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
FIRST AMENDMENTLease Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT (the “Amendment”) is made and entered into as of April 22, 2008, by and between BRE/PLUMERIA, LLC, a Delaware limited liability company (“Landlord”), and NETGEAR, INC., a Delaware corporation (“Tenant”).
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New Jersey
This SECOND AMENDMENT TO CONTRACT OF SALE (this “Amendment”) dated as of July 30, 2008 by and between 100/200 CAMPUS DRIVE, L.L.C., a Delaware limited liability company, having an address at 245 Park Avenue, New York, New York 10167 (“Seller”) and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company, having an address at 590 Madison Avenue, 26th Floor, New York, New York 10022 (“Purchaser”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, 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 KBSII 350 PLUMERIA, LLC, a Delaware limited liability company (“Assignee”), as of October 6, 2008 (“Effective Date”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, 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 KBSII 100-200 CAMPUS DRIVE, LLC, a Delaware limited liability company (“Assignee”), as of August 8, 2008 (“Effective Date”).
PURCHASE AGREEMENT (350 East Plumeria Drive; San Jose, California)Purchase Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
THIS PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of September 24, 2008 (the “Effective Date”), by and between BRE/PLUMERIA L.L.C., a Delaware limited liability company (“Seller”), and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Buyer”).
MEZZANINE LOAN AGREEMENT Dated as of October 10, 2008 Among KBSII REIT ACQUISITION II, LLC (“Borrower”) and PARK AVENUE REALTY HOLDING COMPANY, INC. (“Lender”)Mezzanine Loan Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • New York
THIS MEZZANINE LOAN AGREEMENT (this “Agreement”) is made as of the 10th day of October, 2008, by and among KBSII REIT ACQUISITION II, LLC, a Delaware limited liability company, having its principal place of business c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660 (“Borrower”), and PARK AVENUE REALTY HOLDING COMPANY, INC., a Delaware corporation, having an office c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167 (“Lender”). All terms as used in this Agreement shall, unless otherwise defined in the main body of this Agreement, have the meanings given to such terms in Exhibit A attached hereto and incorporated herein by reference.
MORTGAGE, ASSIGNMENT OF LEASES AND RENTS SECURITY AGREEMENT AND FIXTURE FILING from KBSII 300-600 CAMPUS DRIVE, LLC, as Mortgagor to NEW YORK LIFE INSURANCE COMPANY, as Mortgagee PROPERTY KNOWN AS: 300 Campus, 400 Campus, 500 Campus and 600 Campus...Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Mortgage”), dated as of October 10, 2008, by and between KBSII 300-600 CAMPUS DRIVE, LLC, a Delaware limited liability company (“Mortgagor”), having an office at c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, and NEW YORK LIFE INSURANCE COMPANY (“Mortgagee”), a New York mutual insurance company, having an office at 51 Madison Avenue, New York, New York 10010-1603.
SECOND AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • October 21st, 2008 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO PURCHASE AGREEMENT (this “Amendment”) is made as of the 7th day of October, 2008, by and between BRE/PLUMERIA L.L.C., a Delaware limited liability company (“Seller”), and KBSII 350 PLUMERIA, LLC, a Delaware limited liability company (“Buyer”), as successor-in-interest to KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Original Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
