0001193125-11-105236 Sample Contracts

ASSUMPTION OF MORTGAGE AND SECURITY AGREEMENT
Assumption of Mortgage and Security Agreement • April 21st, 2011 • Cb Richard Ellis Realty Trust • Real estate investment trusts • New York

THIS ASSUMPTION OF MORTGAGE AND SECURITY AGREEMENT (this “Agreement”) is made this 11 day of April 2011, by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF LB-UBS COMMERCIAL MORTGAGE TRUST 2006-C4, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C4 (together with its successors and assigns, “Lender”), 70 HUDSON STREET L.L.C., a New Jersey limited liability company (“Hudson”), and 70 HUDSON STREET URBAN RENEWAL ASSOCIATES, L.L.C., a New Jersey limited liability company (“Urban”; and together with Hudson each an “Individual Borrower” and, collectively, “Borrower”), HARTZ FINANCIAL CORP., a New Jersey corporation (“Guarantor”), RT 70 HUDSON, LLC, a Delaware limited liability company (“RT Hudson”), and RT 70 HUDSON URBAN RENEWAL, LLC, a New Jersey limited liability company (“RT Urban”; and together with RT Hudson eac

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Upon recordation, return to: Authorization I.D. # NJ - 1659 Investment I.D. # 000453200-01
Loan Assumption and Modification Agreement • April 21st, 2011 • Cb Richard Ellis Realty Trust • Real estate investment trusts • New Jersey

THIS LOAN ASSUMPTION AND MODIFICATION AGREEMENT (this “Agreement”) is made and entered into as of April 11, 2011 by and among RT 90 HUDSON, LLC, a Delaware limited liability company, having its principal place of business at c/o CB Richard Ellis Realty Trust, 47 Hulfish Street, Suite 210, Princeton, New Jersey 08542, Attention: Jack A. Cuneo (“Assuming Borrower”) and 90 HUDSON STREET L.L.C., a New Jersey limited liability company having its principal place of business at c/o Hartz Mountain Industries, Inc., 400 Plaza Drive, Secaucus, New Jersey 07096-1515 (“Original Borrower”), in favor of TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation, having an address at 730 Third Avenue, New York, New York 10017 (together with its successors and assigns, “Lender”).

LOAN AGREEMENT Dated as of April 11, 2006 Between 70 HUDSON STREET URBAN RENEWAL ASSOCIATES, L.L.C. AND 70 HUDSON STREET L.L.C. collectively, as Borrower And LEHMAN BROTHERS BANK, FSB as Lender
Loan Agreement • April 21st, 2011 • Cb Richard Ellis Realty Trust • Real estate investment trusts • North Carolina

THIS LOAN AGREEMENT, dated as of April 11, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an address at 1000 West Street, Suite 200, Wilmington, Delaware 19801 (“Lender”) and 70 HUDSON STREET L.L.C., a New Jersey limited liability company and 70 HUDSON STREET URBAN RENEWAL ASSOCIATES, L.L.C., a New Jersey limited liability company, each having its principal place of business at 400 Plaza Drive, Secaucus, New Jersey 07094-3688 (each, an “Individual Borrower” and collectively, “Borrower”).

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