GuarantyGuaranty • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
In order to induce American National Insurance Company, a Texas insurance company (“Master Lessor’s Lender”) to make that certain $10,000,000 loan (the “Loan”) to TNP SRT Constitution Trail, LLC, a Delaware limited liability company (“Master Lessor”), Master Lessor’s Lender has required that Thompson National Properties, LLC, a Delaware limited liability (“Guarantor”) execute this Guaranty of that certain Master Lease Agreement between Master Lessor and TNP SRT Osceola Village Master Lessee, LLC, a Delaware limited liability company (“Master Lessee”) for certain premises containing the Premises, as defined below, located in that certain shopping center containing approximately 62.31 acres (the “Center”), located in Normal, Illinois, of which the Premises are a part.
SUBORDINATION AND INTERCREDITOR AGREEMENT by and between AMERICAN NATIONAL INSURANCE COMPANY, as Senior Lender, and TORCHLIGHT DEBT OPPORTUNITY FUND III, LLC, as Junior LenderSubordination and Intercreditor Agreement • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Illinois
ASSIGNMENT OF DEVELOPMENT AGREEMENTAssignment of Development Agreement • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Illinois
This Assignment is made as and shall constitute security for any and all indebtedness and liabilities of any kind and nature of Owner to Lender, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, under or related to that loan by Lender to Owner pursuant to a $10,000,000.00 loan evidenced by that certain Promissory Note of even date herewith, made by Owner, payable to the order of Lender, in the original principal amount of $10,000,000.00 (the “Note”) and is secured by a Mortgage, Security Agreement and Financing Statement (the “Mortgage”) of even date herewith from Maker to Noteholder on certain property (the “Mortgaged Property”) in Normal, McLean County, Illinois, as described in Exhibit “A” of the Mortgage and other lien and security documents, all of or about even date herewith (the foregoing indebtedness and liabilities are hereinafter collectively called the “Obligation”).
MORTGAGE, SECURITY AGREEMENT, AND FINANCING STATEMENT by TNP SRT CONSTITUTION TRAIL, LLC, as Maker to and for the benefit of AMERICAN NATIONAL INSURANCE COMPANY, as NoteholderMortgage, Security Agreement, and Financing Statement • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
This Mortgage, Security Agreement and Financing Statement (hereinafter termed “Agreement” or “Mortgage”) is dated as of December 16, 2011 and made by TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company (hereinafter termed “Maker”) whose mailing address is 1900 Main Street, Suite 700, Irvine, California 92614, to and for the benefit of AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company, whose mailing address is Attn: Mortgage and Real Estate Investment Department, One Moody Plaza, Galveston, Texas 77550 (hereinafter termed “Noteholder”).
MASTER LEASE AGREEMENTMaster Lease Agreement • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Illinois
THIS MASTER LEASE AGREEMENT (this “Lease”), is made as of the 16th day of December, 2011, by and between TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company (“Master Lessor”) and TNP SRT CONSTITUTION TRAIL MASTER LESSEE, LLC, a Delaware limited liability company (“Master Lessee”); and Thompson National Properties, LLC, a Delaware limited liability company (“Guarantor”).
ABSOLUTE ASSIGNMENT OF LEASES AND RENTS by TNP SRT CONSTITUTION TRAIL, LLC, as Maker to and for the benefit of AMERICAN NATIONAL INSURANCE COMPANY, as NoteholderAbsolute Assignment of Leases and Rents • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
This Absolute Assignment of Leases And Rents (this “Assignment”) is entered into by and between TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company (hereinafter called “Maker”), whose mailing address is 1900 Main Street, Suite 700, Irvine, California 92614 and AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company (hereinafter called “Noteholder”), whose mailing address is Attn: Mortgage and Real Estate Investment Department, One Moody Plaza, Galveston, Texas 77550.
OMNIBUS AMENDMENT TO LOAN DOCUMENTS between TORCHLIGHT DEBT OPPORTUNITY FUND III, LLC, a Delaware limited liability company and TNP SRT CONSTITUTION TRAIL, LLC, a Delaware limited liability company Dated as of December 15, 2011Omnibus Amendment to Loan Documents • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS OMNIBUS AMENDMENT TO LOAN DOCUMENTS, dated as of December 15, 2011 (this “Amendment”), between TORCHLIGHT DEBT OPPORTUNTY FUND III, LLC, a Delaware limited liability company having an office c/o Torchlight Investors, 230 Park Avenue, 12th Floor, New York, New York 10169 (“Lender”) and TNP SRT CONSTITUTION TRAIL LLC, a Delaware limited liability company having an office at c/o Thompson National Properties, LLC, 1900 Main Street, Irvine, California 92614 (“Borrower”).
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT by TNP SRT CONSTITUTION TRAIL MASTER LESSEE, LLC, as Tenant to and for the benefit of AMERICAN NATIONAL INSURANCE COMPANY, as American NationalSubordination, Non-Disturbance and Attornment Agreement • December 22nd, 2011 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Illinois
