0001193125-12-355703 Sample Contracts

SECOND AMENDED AND RESTATED CONSOLIDATED UNSECURED PROMISSORY NOTE
Consolidated Unsecured Promissory Note • August 14th, 2012 • Landmark Apartment Trust of America, Inc. • Real estate investment trusts

WHEREAS, Borrower previously executed a consolidated unsecured promissory note (the “Original Note”) in favor of NNN Realty Advisors, Inc., a Delaware corporation (“Original Lender”), dated November 10, 2009, with a face principal amount of $9,100,000. Borrower and Original Lender subsequently amended and restated the Original Note pursuant to that certain Amended and Restated Consolidated Unsecured Promissory Note (the “First Amended Note”), dated August 11, 2010, in the original face principal amount of $7,750,000, made by Borrower in favor of Original Lender. Original Lender subsequently assigned to Lender all of its right, title and interest, in to and under the First Amended Note pursuant to that certain Allonge to Note dated as of February 2, 2011 made by Original Lender in favor of Lender.

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