PROPERTY AND ASSET MANAGEMENT AGREEMENTProperty and Asset Management Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS PROPERTY AND ASSET MANAGEMENT AGREEMENT (this “Agreement”) is made as of this 9th day of November, 2012 (the “Effective Date”), by and between TNP SRT Lahaina Gateway, 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”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
ENVIRONMENTAL INDEMNITY AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) made as of the 9th day of November, 2012 by TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company, having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (together with its permitted successors and assigns, collectively, “Borrower”), and ANTHONY W. THOMPSON, an individual resident of the State of California, having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, California 92614; and TNP STRATEGIC RETAIL TRUST, INC., a Maryland corporation, having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (individually and collectively as the context requires, referred to herein as “Principal”, and together with Borrower and each of their permitted successors and assigns, collectively, “Indemnitor”), in favor of DOF IV REIT HOLDINGS, LLC, a Delaware limited liability company,
GUARANTYGuaranty • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
This GUARANTY (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Guaranty”) is executed as of November 9, 2012, by ANTHONY W. THOMPSON (“AWT”), an individual resident of the State of California, having an address at c/o Thompson National Properties, LLC, 1900 Main Street, Suite 700, Irvine, California 92614; and TNP STRATEGIC RETAIL TRUST, INC., a Maryland corporation, having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (“TNP SRT”, along with AWT, individually and collectively as the context requires, and together with their respective permitted successors and assigns, “Guarantor”), for the benefit of DOF IV REIT HOLDINGS, LLC, a Delaware limited liability company, having an address at 230 Park Avenue, 12th Floor, New York, New York 10169 (together with its successors and assigns, collectively, “Lender”).
ASSIGNMENT OF SALE AGREEMENTAssignment of Sale Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF SALE AGREEMENT is made this 31st day of October, 2012, by and between TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Assignor”), and TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company (“Assignee”).
LOAN AGREEMENT Dated as of November 9, 2012 Between TNP SRT LAHAINA GATEWAY, LLC, as Borrower and DOF IV REIT HOLDINGS, LLC, as LenderLoan Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of November , 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between DOF IV REIT HOLDINGS, LLC, a Delaware limited liability company, having an address at 230 Park Avenue, 12th Floor, New York, New York 10169 (together with its successors and assigns, “Lender”) and TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company, having an address at 1900 Main Street, Suite 700, Irvine, California 92614 (together with its successors and permitted assigns, “Borrower”).
SECOND AMENDMENT TO SALE AGREEMENTSale Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO SALE AGREEMENT (“Amendment”) is made as of October 29, 2012, by CENTRAL PACIFIC BANK, a Hawaii corporation (“Seller”), and TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Buyer”).
SALE AGREEMENTSale Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • Hawaii
THIS SALE AGREEMENT (“Agreement”) is made as of June 14, 2012 (the “Effective Date”), between CENTRAL PACIFIC BANK, a Hawaii corporation (the “Seller”), and TNP ACQUISITIONS, LLC, a Delaware limited liability company.
ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEESAssignment of Management Agreement and Subordination of Management Fees • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
THIS ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEES (this “Assignment”) is made as of the 9th day of November, 2012, by TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company, having an address 1900 Main Street, Suite 700, Irvine, California 92614 (together with its permitted successors and assigns, collectively, “Borrower”) to DOF IV REIT HOLDINGS, LLC, a Delaware limited liability company, having an address at 230 Park Avenue, 12th Floor, New York, New York 10169 (together with its successors and assigns, collectively, “Lender”), and is consented and agreed to by TNP PROPERTY MANAGER, LLC, a Delaware limited liability company, having its principal place of business at 1900 Main Street, Suite 700, Irvine, California 92614 (together with its permitted successors and assigns, collectively, “Manager”).
THIRD AMENDMENT TO SALE AGREEMENTSale Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO SALE AGREEMENT (“Amendment”) is made as of November 7, 2012, by CENTRAL PACIFIC BANK, a Hawaii corporation (“Seller”), and TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company (“Buyer”).
Return by Mail ( ) Pickup ( ) To: COLE, SCHOTZ, MEISEL, FORMAN & LEONARD, P.A. Court Plaza North 25 Main Street Hackensack, New Jersey 07602-0800 Attention: Christopher J. Caslin, Esq. TYPE OF DOCUMENT: (TOTAL PAGES: ) LEASEHOLD MORTGAGE, ASSIGNMENT...Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement as Fixture Filing • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts • New York
THIS LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FINANCING STATEMENT AS FIXTURE FILING (as amended, restated, supplemented or otherwise modified, from time to time, this “Mortgage”) is made as of this 9th day of November, 2012, by TNP SRT LAHAINA GATEWAY, LLC, a Delaware limited liability company, having an address at 1900 Main Street, Suite 700, Irvine, California 92614, as mortgagor (together with its permitted successors and assigns, collectively, “Borrower”) for the benefit of DOF IV REIT HOLDINGS, LLC, a Delaware limited liability company, having an address at 230 Park Avenue, 12th Floor, New York, New York 10169 (together with its successors and assigns, collectively, “Lender”).
AMENDMENT AND REINSTATEMENT OF SALE AGREEMENTSale Agreement • November 14th, 2012 • TNP Strategic Retail Trust, Inc. • Real estate investment trusts
THIS AMENDMENT AND REINSTATEMENT OF SALE AGREEMENT (“Amendment”) is made as of October 9, 2012, by CENTRAL PACIFIC BANK, a Hawaii corporation (“Seller”), and TNP ACQUISITIONS, LLC, a Delaware limited liability company (“Buyer”).
