THIS INSTRUMENT CONTAINS INDEMNIFICATION PROVISIONS AND PROVISIONS LIMITING LENDER’S LIABILITY FOR NEGLIGENCEPromissory Note • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
FOR VALUE RECEIVED and intending to be legally bound, EL DORADO APARTMENTS, LLC, a Texas limited liability company (“Borrower”), promises to pay to the order of ROYAL BANK OF CANADA, a Canadian chartered bank (“Lender”), at such place as Lender or any subsequent holder hereof may from time to time designate in writing, the principal sum of THIRTEEN MILLION SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($13,600,000.00), in lawful money of the United States of America, with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (as hereinafter defined), and to be paid in installments as provided herein.
THIS INSTRUMENT CONTAINS INDEMNIFICATION PROVISIONS AND PROVISIONS LIMITING LENDER’S LIABILITY FOR NEGLIGENCE ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (“Agreement”) is made as of the 1st day of November, 2007 by APARTMENT REIT VILLAS OF EL DORADO, LLC, a Delaware limited liability company (“Borrower”), and NNN APARTMENT REIT, INC., a Maryland corporation (individually, “Principal”, Borrower and Principal hereinafter individually and collectively referred to as “Indemnitor”), for the benefit of THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MORGAN STANLEY CAPITAL I INC., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-IQ14, having an address at c/o Capmark Finance Inc., 116 Welsh Road, Horsham, Pennsylvania 19044 (“Indemnitee”) and other Indemnified Parties (as hereinafter defined).
ASSIGNMENT OF CONTRACTAssignment of Contract • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF CONTRACT (the “Assignment”) is made November 1, 2007 by TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Assignor”) to APARTMENT REIT VILLAS OF EL DORADO, LLC, a Delaware limited liability company (“Assignee”).
REINSTATEMENT OF AND FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
THIS REINSTATEMENT OF AND FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “First Amendment”) is made as of June 12, 2007, by and between EL DORADO APARTMENTS, LLC, a Texas limited liability company (“Seller”), and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Purchaser”).
RECORDING REQUESTED BY AND (El Dorado) WHEN RECORDED MAIL TO: (99-1069656 )Agreement of Assumption and Modification of Security Instrument and Other Loan Documents • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts • Texas
PLEDGE AGREEMENT (PARTNERSHIP INTERESTS)Pledge Agreement • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS PLEDGE AGREEMENT (PARTNERSHIP INTERESTS) (as amended, modified, replaced, renewed, restated or extended from time to time, this “Agreement”), dated as of the 1st day of November, 2007, by and between WACHOVIA BANK, N.A., a national banking association (“Lender”), and NNN APARTMENT REIT HOLDINGS, L.P., a Virginia limited partnership (“Pledgor”).
To JONG S. KIM, ESQ. (Trustee) for the benefit of ROYAL BANK OF CANADA (Lender) DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS Dated as of November 29, 2006 Property Location: 3250 Hudson Crossing,...Deed of Trust, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts
DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FINANCING STATEMENT AND ASSIGNMENT OF LEASES AND RENTS (this “Security Instrument”) is made as of the 29th day of November, 2006, by EL DORADO APARTMENTS, LLC, a Texas limited liability company, as trustor (“Borrower”) to JONG S. KIM, ESQ., as trustee (“Trustee”), for the benefit of ROYAL BANK OF CANADA, a Canadian chartered bank, as beneficiary (“Lender”).
LOAN AGREEMENTLoan Agreement • November 7th, 2007 • NNN Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS LOAN AGREEMENT (the “Agreement”) is made as of the 1st day of November, 2007 by and between NNN APARTMENT REIT, INC., a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION a national banking association (the “Lender”).
