PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS PROPERTY AND ASSET MANAGEMENT AGREEMENT (this “Agreement”) is made as of this 4th day of June, 2010 (the “Effective Date”), by and between TNP SRT Waianae Mall, LLC, a Delaware limited liability company, its successors and assigns (the “Company”) and TNP Property Manager, LLC, a Delaware limited liability company (the “Property Manager”).
LOAN AGREEMENT Dated as of September 19, 2005 Between WEST OAHU MALL ASSOCIATES LLC as Borrower And IXIS REAL ESTATE CAPITAL INC. as LenderLoan Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • California
LOAN AGREEMENT dated as of September 19, 2005 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) between WEST OAHU MALL ASSOCIATES LLC, a Hawaii limited liability company (together with its permitted successors and assigns, “Borrower”), and IXIS REAL ESTATE CAPITAL INC., a New York corporation (together with its successors and assigns, “Lender”).
NOTE AND MORTGAGE ASSUMPTION AGREEMENT (MSCI 2006-IQ11; Loan No. 710202870)Note and Mortgage Assumption Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS NOTE AND MORTGAGE ASSUMPTION AGREEMENT (“Agreement”) is executed on June 2, 2010, effective as of June 4, 2010, and is entered into among BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-IQ11 (“Lender”), having an address at 540 West Madison St., Suite 1802, IL4-540-18-04, Chicago, Illinois 60661, Re: MSCI 2006-IQ11; Loan No 710202870; WEST OAHU MALL ASSOCIATES LLC, a Hawaii limited liability company (“Original Borrower”), having an address at 1880 Century Park East, Suite 810, Los Angeles, California 90067 and TNP SRT WAIANAE MALL, LLC, a Delaware limited liability company (“New Borrower”), having an address at 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. Original Borrower and New Borrower are hereinafter sometimes collectively referred to as “Borrower Parties”.
REIMBURSEMENT AND FEE AGREEMENTReimbursement and Fee Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Delaware
THIS REIMBURSEMENT AND FEE AGREEMENT dated as of June 9, 2010 (this “Agreement”) by and among TNP SRT Waianae Mall, LLC, a Delaware limited liability company (the “Borrower”), TNP Strategic Retail Trust, Inc., a Maryland corporation and indirect parent of Borrower (“TNP SRT”), and Anthony W. Thompson, an individual (“Thompson”). Thompson, Borrower, TNP SRT and TNP Strategic Retail Operating Partnership, LP, a Delaware limited partnership and operating partnership of TNP SRT (“TNP OP”), are collectively refereed to herein as the “Guarantors.”
THIRTEENTH AMENDMENT OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale and Joint Escrow Instructions • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS THIRTEENTH AMENDMENT OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is entered into as of the 2nd day of June, 2010, effective as of May 28, 2010, by and among WEST OAHU MALL ASSOCIATES, LLC, a Hawaii limited liability company (“Seller”) and TNP SRT WAIANAE MALL, LLC, a Delaware limited liability company (“Buyer”).
JOINDER BY AND AGREEMENT OF NEW INDEMNITORIndemnification Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
The undersigned, TNP STRATEGIC RETAIL OPERATING PARTNERSHIP, L.P. a Delaware limited partnership (the “TNP Operating Partnership”), TNP STRATEGIC RETAIL TRUST, INC., a Maryland corporation (the “TNP REIT”), TNP PROPERTY MANAGER, LLC, a Delaware limited liability company, (“Project Manager”) and ANTHONY THOMPSON (“Thompson,” together with the TNP Operating Partnership, the TNP REIT, the TNP Property Manager sometimes collectively referred to herein “New Indemnitor”), being collectively and individually the New Indemnitor referred to in the Note and Mortgage Assumption Agreement (the “Agreement”) to which this Joinder (the “New Indemnitor Joinder”) is attached, intending to be legally bound under the terms and provisions of the Guaranty and pursuant to the provisions of this New Indemnitor Joinder, hereby jointly and severally (except as provided below), represents and warrants to and acknowledges and agrees with Lender the following:
ELEVENTH AMENDMENT OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS ELEVENTH AMENDMENT OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Eleventh Amendment”) is entered into as of this 13th day of April, 2010 (the “Effective Date”), by and among WEST OAHU MALL ASSOCIATES, LLC, a Hawaii limited liability company (“Seller”); TNP SRT WAIANAE MALL, LLC, a Delaware limited liability company (“Buyer”); and TITLE GUARANTY ESCROW SERVICES, INC.
SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT and ESCROW INSTRUCTIONSReal Estate Purchase Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT and ESCROW INSTRUCTIONS (this “Amendment”) is entered into as of this 21st day of May, 2010 by and between CRESTLINE INVESTMENTS, LLC, an Arizona limited liability company (“Seller”) and TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Buyer”).
REAL ESTATE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS CRESTLINE INVESTMENTS, LLC an Arizona limited liability company, as “Seller” and TNP ACQUISITIONS, LLC a Delaware limited liability company, as “Buyer”Real Estate Purchase Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Arizona
THIS REAL ESTATE PURCHASE AGREEMENT and ESCROW INSTRUCTIONS (this “Agreement”) is entered into as of this 6 th day of April, 2010 (the “Effective Date”), by and between CRESTLINE INVESTMENTS, LLC, an Arizona limited liability company (“Seller”); TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Buyer”); and Landmark Title Assurance Agency of Arizona, LLC (“Escrow Agent”).
FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT and ESCROW INSTRUCTIONSReal Estate Purchase Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT and ESCROW INSTRUCTIONS (this “Amendment”) is entered into as of this 5th day of May, 2010 by and between CRESTLINE INVESTMENTS, LLC, an Arizona limited liability company (“Seller”) and TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Buyer”).
ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AGREEMENT AND ESCROW INSTRUCTIONSReal Estate Purchase Agreement • August 16th, 2010 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
This Assignment and Assumption of Real Estate Purchase Agreement and Escrow Instructions (this “Assignment”) is made and entered into effective as of June 11, 2010 (the “Effective Date” hereof), by and between TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Assignor”); and TNP SRT NORTHGATE PLAZA TUCSON, LLC, a Delaware limited liability company (“Assignee”).
