PROPERTY AND ASSET MANAGEMENT AGREEMENTProperty and Asset Management Agreement • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS PROPERTY AND ASSET MANAGEMENT AGREEMENT (this “Agreement”) is made as of this 21st day of October, 2011 (the “Effective Date”), by and between TNP SRT Constitution Trail, 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”).
ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEESAssignment of Management Agreement and Subordination of Management Fees • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEES (“Assignment”) is made as of the 21st day of October, 2011, between TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, CA 92614 (“Borrower”), TL DOF III HOLDING CORPORATION, a Delaware corporation, having an address at c/o Torchlight Investors, 230 Park Avenue, New York, New York 10169 (together with its successors and/or assigns, “Lender”), and is acknowledged and consented to by TNP PROPERTY MANAGER, LLC, a Delaware limited liability company having its principal place of business at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, CA 92614 (“Agent”).
COLLATERAL ASSIGNMENT OF AGREEMENTS, PERMITS AND CONTRACTSCollateral Assignment of Agreements, Permits and Contracts • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
THIS COLLATERAL ASSIGNMENT OF AGREEMENTS, PERMITS AND CONTRACTS (this “Assignment”) is made as of the 21st day of October, 2011, by TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, CA 92614 (“Borrower”), in favor of TL DOF III HOLDING CORPORATION, a Delaware corporation, having an address at c/o Torchlight Investors, 230 Park Avenue, New York, New York 10169 (together with its successors and/or assigns, “Lender”).
MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTSMortgage, Security Agreement and Assignment of Leases and Rents • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
This MORTGAGE, SECURITY AGREEMENT AND ASSIGNMENT OF LEASES AND RENTS is made and entered into on the 21st day of October, 2011 TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company, having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, CA 92614 (“Mortgagor”), in favor of TL DOF III HOLDING CORPORATION, a Delaware corporation, having an address at c/o Torchlight Investors, 230 Park Avenue, New York, New York 10169 (together with its successors and/or assigns, “Mortgagee”).
TNP SRT CONSTITUTION TRAIL, LLC, TONY THOMPSON, and TNP STRATEGIC RETAIL TRUST INC., Indemnitors, to TL DOF III HOLDING CORPORATION, Lender. ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) made and delivered as of October 21, 2011, to TL DOF III HOLDING CORPORATION, a Delaware corporation, having an address at c/o Torchlight Investors, 230 Park Avenue, New York, New York 10169 (together with its successors and/or assigns, “Lender”) by TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company, having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, CA 92614 (“Borrower”), and TONY THOMPSON, an individual having an address at c/o Thompson National Properties, 1900 Main Street, Irvine, CA 92614 (“Thompson”), and TNP STRATEGIC RETAIL TRUST INC., a Maryland corporation, having an address at c/o Thompson National Properties, 1900 Main Street, Irvine, CA 92614 (“Strategic”). Borrower, Thompson and Strategic are hereinafter referred to collectively as “Indemnitors”.
Prepared by and upon Recording Mail to: Herrick, Feinstein LLPAssignment of Leases and Rents • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Illinois
RECOURSE GUARANTYRecourse Guaranty • October 27th, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
This RECOURSE GUARANTY (“Guaranty”) is executed as of October 21, 2011, by TONY THOMPSON, an individual having an address at c/o TNP Strategic Retail Trust Inc., 1900 Main Street, Irvine, California (“Thompson”), and TNP STRATEGIC RETAIL TRUST INC., a Maryland corporation having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Irvine, California 92614 (hereinafter, individually and collectively, “Guarantor”) for the benefit of TL DOFF III HOLDING CORPORATION, a Delaware corporation, having an address at c/o Torchlight Investors, 230 Park Avenue, New York, New York 10169 (together with its successors and/or assigns, “Lender”).
