ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (as the same may from time to time be amended, consolidated, renewed or replaced, this “Agreement”), made as of April 12, 2007, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”) whose address is 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
INDEMNITY AND GUARANTY AGREEMENTIndemnity and Guaranty Agreement • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of April 12, 2007, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
SEC INDEMNITY AND GUARANTY AGREEMENTIndemnification & Liability • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS SEC INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of April 12, 2007, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
PROMISSORY NOTEPromissory Note • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, APARTMENT REIT WALKER RANCH, LP, a Texas limited partnership (“Borrower”), having an address at c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), at the office of Lender at Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of Twenty Million and No/100 Dollars ($20,000,000.00), together with interest on so much thereof as is from time to time outstanding and unpaid, from the date of the advance of the principal evidenced hereby, at the rate of five and thirty-six one-hundredths percent (5.36%) (the “Note Rate”) or the Maximum Lawful Rate (as hereinafter defined), together with all other amounts
ASSIGNMENT OF WARRANTIES AND OTHER CONTRACT RIGHTSAssignment of Warranties and Other Contract Rights • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF WARRANTIES AND OTHER CONTRACT RIGHTS (as the same may be hereafter amended, restated or modified, this “Assignment”), made as of April 12, 2007, by Apartment REIT Walker Ranch, LP, a Texas limited partnership (“Borrower”), having an address at c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 200, Santa Ana, California 92705, in favor of Wachovia Bank, National Association, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
APARTMENT REIT WALKER RANCH, LP, as Borrower to WILLIAM M. WOODALL, as Trustee For the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING Dated as of: April 12, 2007Deed of Trust • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER
this instrument prepared by and when recorded return to: Kilpatrick Stockton LLP Hearst Tower, Suite 2500Assignment of Leases and Rents • April 17th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF LEASES AND RENTS (as the same may be hereafter amended, restated or modified, this “Assignment”) made as of April 12, 2007, by APARTMENT REIT WALKER RANCH, LP, a Texas limited partnership (“Borrower”), having an address at c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.
