MORTGAGE AND SECURITY AGREEMENT ARGONNE BRIDGE, LLC, AND JES ARGONNE BRIDGE, LLC Jointly and severally, as tenants in common MORTGAGOR AND PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, MORTGAGEE DATED: AS OF MAY 31, 2007Mortgage and Security Agreement • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate
Rent Reserve”), by depositing such amount with Mortgagee and with respect thereto, hereby grants Mortgagee a security interest therein. The Prepaid Rent Reserve relates to rent prepaid by Midwest Office Interiors, Inc. through November 30, 2007. So long as no default hereunder or under the other Loan Documents has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Prepaid Reserve, credit on behalf of Mortgagor the sum of $11,830.63 to be applied to the Monthly Payment Amount (as defined on the Note) commencing on July 5, 2007 and continuing on the 5th day of each month thereafter until the funds in the Prepaid Rent Reserve have been fully disbursed.
PREPARED BY: ) Anderson, McCoy & Orta, P.C. )Assumption Agreement • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate
This Assumption Agreement (“Assumption Agreement”) is made this 25th of August, 2011, by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR TO WELLS FARGO BANK, N.A., AS TRUSTEE, FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C27 (“Noteholder”), Crossroads Bolingbrook, LLC, an Illinois limited liability company and RES Crossroads Bolingbrook, LLC, a Delaware limited liability company (collectively tenant-in-common “Borrower”), Robert E. Smietana, John E. Shaffer and Melissa S. Pielet, each an individual (collectively “Original Guarantor”), IIT Bolingbrook - Park 55 DC LLC, a Delaware limited liability company (“Assumptor”), and Industrial Income Trust, Inc., a Maryland corporation (“New Guarantor”).
AGREEMENT OF LIMITED PARTNERSHIP OF IIT NORTH AMERICAN INDUSTRIAL FUND I LIMITED PARTNERSHIPLimited Partnership Agreement • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of IIT North American Industrial Fund I Limited Partnership (the “Partnership”) is made and entered into as of August 18, 2011, by and among: (a) IIT North American Industrial Fund I GP LLC, a Delaware limited liability company, as general partner (the “General Partner”), which is a subsidiary of Industrial Income Operating Partnership LP (“IIT OpCo”), which in turn is a subsidiary of Industrial Income Trust, Inc. (“IIT”); (b) IIT North American Industrial Fund I Limited Partner LLC, a Delaware limited liability company which is a subsidiary of IIT OpCo, as a limited partner (the “IIT Limited Partner”; collectively with the General Partner, the “IIT Partners”); and (c) 3NET Indy Investments Inc., a Canadian corporation, as a limited partner (the “3NET Limited Partner”). The 3NET Limited Partner and the IIT Limited Partner, shall each be referred to herein individually as a “Limited Partner” and collectively as the “Limited Partne
ASSUMPTION OF LIABILITY AND MODIFICATION AGREEMENTAssumption of Liability and Modification Agreement • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate
THIS ASSUMPTION OF LIABILITY AND MODIFICATION AGREEMENT (this “Agreement”) is made to be effective as of August 4, 2011 (the “Effective Date”) by and among U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, AS SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE REGISTERED HOLDERS OF BEAR STEARNS COMMERCIAL MORTGAGE SECURITIES INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-PWR17 (“Lender”), ARGONNE BRIDGE, LLC, an Illinois limited liability company, and JES ARGONNE BRIDGE, LLC, a Delaware limited liability company (jointly, “Borrower”), and IIT WOODRIDGE – MAPLE POINT DC II LLC, a Delaware limited liability company (“Purchaser”).
PROMISSORY NOTEPromissory Note • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate
FOR VALUE RECEIVED, the undersigned, ARGONNE BRIDGE, LLC, an Illinois limited liability company (“ARGONNE”) and JES ARGONNE BRIDGE, LLC, a Delaware limited liability company (“JES”; JES and Argonne, collectively, “Borrower”), each having an address at 233 South Wacker Drive, Suite 350, Chicago, Illinois 60606, jointly and severally promise to pay to the order of PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, a Delaware limited liability company (together with its successors and assigns, “Lender”), at the office of Lender c/o Prudential Asset Resources, 2200 Ross Avenue, Suite 4900E, Dallas, Texas 75201 or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of Six Million One Hundred Fifty Thousand and 00/100 Dollars ($6,150,000.00) (the “Loan”) together with interest on so much thereof as is from time to time outstanding and unpaid, from the date of the advance of the principal evidenced hereby at the Note Rate (as hereinafter defined), in
