DEED OF TRUST AND SECURITY AGREEMENTTrust and Security Agreement • October 31st, 2007 • Hines Real Estate Investment Trust Inc • Real estate investment trusts
THIS DEED OF TRUST AND SECURITY AGREEMENT (this “Instrument”) is made as of the day of October, 2007, by HINES REIT ONE WILSHIRE LP, a Delaware limited partnership, having its principal office and place of business ? Hines Interests Limited Partnership, 2800 Post Oak Boulevard, Houston, Texas 77056, as grantor/mortgagor (“Borrower”), to FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, having an address at 135 Main Street, Suite 1200, San Francisco, California 94105, as trustee (“Trustee”), for the benefit of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at 2200 Ross Avenue, Suite 4900-E, Dallas, Texas 75201, as mortgagee/beneficiary (“Lender”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • October 31st, 2007 • Hines Real Estate Investment Trust Inc • Real estate investment trusts • California
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of the day of October, 2007, by and between HINES REIT ONE WILSHIRE LP, a Delaware limited partnership (“Borrower”), having an office c/o Hines Interests Limited Partnership, 2800 Post Oak Boulevard, Houston, Texas 77056, and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”), having an office at 2200 Ross Avenue, Suite 4900-E, Dallas, Texas 75201.
PROMISSORY NOTEPromissory Note • October 31st, 2007 • Hines Real Estate Investment Trust Inc • Real estate investment trusts
FOR VALUE RECEIVED, HINES REIT ONE WILSHIRE LP, a Delaware limited partnership (“Borrower”) promises to pay to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender,” which shall also mean successors and assigns who become holders of this Note), at 2200 Ross Avenue, Suite 4900E, Dallas, Texas 75201, the principal sum of ONE HUNDRED FIFTY-NINE MILLION FIVE HUNDRED THOUSAND AND NO/100 U.S. DOLLARS ($159,500,000.00), with interest on the unpaid balance (“Balance”) at the rate of five and ninety-eight hundredths percent (5.98%) per annum (“Note Rate”) from and including the date of the first disbursement of Loan proceeds under this Note (“Funding Date”) until Maturity (defined below). Capitalized terms used without definition shall have the meanings ascribed to them in the Instrument (defined below).
