ADVISORY AGREEMENT between KBS REAL ESTATE INVESTMENT TRUST III, INC. and KBS CAPITAL ADVISORS LLC September 27, 2011Advisory Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Delaware
This Advisory Agreement, dated as of September 27, 2011 (the “Agreement”), is between KBS Real Estate Investment Trust III, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”).
LIMITED GUARANTY (Secured Loan)Limited Guaranty • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LIMITED GUARANTY (“Guaranty”) is made as of September 29, 2011, by KBS REIT PROPERTIES III, LLC, a Delaware limited liability company (“Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Administrative Agent”), as administrative agent for itself and the Lenders from time to time a party to the Loan Agreement (defined below).
PURCHASE AND SALE AGREEMENT LAS CIMAS IV AUSTIN, TEXAS BETWEEN LAS CIMAS IV LIMITED PARTNERSHIP, a Delaware limited partnership AS SELLER AND KBS CAPITAL ADVISORS LLC, a Delaware limited liability company AS PURCHASER Dated: September 19, 2011 (the...Purchase and Sale Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of the Effective Date, is made by and between Seller and Purchaser.
Page 1. USE AND RESTRICTIONS ON USE 1 2. TERM 2 3. RENT 3 4. RENT ADJUSTMENTS 4 5. SECURITY DEPOSIT 7 6. ALTERATIONS 9 7. REPAIR 10 8. LIENS 12 9. ASSIGNMENT AND SUBLETTING 12 10. INDEMNIFICATION 14 11. INSURANCE 15 12. WAIVER OF SUBROGATION 16 13....Lease Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
By this Lease Landlord leases the Premises to Tenant and Tenant leases the Premises from Landlord. The Premises are described in the Reference Pages and are depicted on the floor plan attached hereto as Exhibit A. The Building is depicted on the site plan attached hereto as Exhibit A-1. The Reference Pages, including all terms defined thereon, are incorporated as part of this Lease.
LOAN AGREEMENT between KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, and THE FINANCIAL INSTITUTIONS NOW OR HEREAFTER SIGNATORIES HERETO AND THEIR...Loan Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT (“Agreement”) dated as of September 29, 2011 by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, such other Persons as may become a “Borrower hereunder by execution of a Joinder (defined below) (each, a “Borrower” and collectively, “Borrowers”)), each of the financial institutions initially a signatory hereto together with their assignees under Section 13.13 (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as contractual representative of the Lenders to the extent and in the manner provided in Article 12 (in such capacity, the “Administrative Agent”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • October 7th, 2011 • KBS Real Estate Investment Trust III, 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 KBSIII LAS CIMAS IV, LLC, a Delaware limited partnership (“Assignee”), as of September 28, 2011 (“Effective Date”).
FIRST AMENDMENT TO LEASELease • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
SECURED PROMISSORY NOTESecured Promissory Note • October 7th, 2011 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Note is one of the Notes referred to in and governed by the Loan Agreement, which Loan Agreement, among other things, contains provisions for the acceleration of the maturity hereof and for the payment of certain additional sums to Lender upon the happening of certain stated events. Capitalized terms used in this Note without definition have the same meanings as in the Loan Agreement.
