SECOND AMENDED AND RESTATED PLEDGE AGREEMENT (MEMBERSHIP AND PARTNERSHIP INTERESTS)Pledge Agreement • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS SECOND AMENDED AND RESTATED PLEDGE AGREEMENT (MEMBERSHIP AND PARTNERSHIP INTERESTS) (as amended, modified, replaced, renewed, restated or extended from time to time, this “Agreement”), dated as of the 31st day of March, 2008, by and between WACHOVIA BANK, N.A., a national banking association (“Lender”), and GRUBB & ELLIS APARTMENT REIT HOLDINGS, L.P., a Virginia limited partnership (formerly known as NNN Apartment REIT Holdings, LP) (“Pledgor”).
CONTRACT OF SALEContract of Sale • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • Texas
THIS CONTRACT OF SALE (this “Contract”) is made and entered as of the Effective Date (as hereinafter defined) by and between CEDAR PARK MULTIFAMILY, LTD., a Texas limited partnership (“Seller”), and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”).
SECOND AMENDMENT TO AND WAIVER OF LOAN AGREEMENTLoan Agreement • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS SECOND AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of March 31, 2008, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
AMENDMENT TO CONTRACT OF SALEContract of Sale • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is entered into effective as of February 26, 2008 (the “Effective Date”), by and between CEDAR PARK MULTIFAMILY, LTD., a Texas limited partnership (“Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC (formerly known as TRIPLE NET PROPERTIES, LLC), a Virginia limited liability company (together with its successors and assigns, “Buyer”).
FIXED+1 MULTIFAMILY NOTEFixed Rate Multifamily Note • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (“Borrower”) jointly and severally (if more than one) promises to pay to the order of PNC ARCS LLC, a Delaware limited liability company the principal sum of Seventeen Million Six Hundred Fifty One Thousand and No/100 Dollars (US $17,651,000.00), with interest accruing at the Interest Rate on the unpaid principal balance from the Disbursement Date until fully paid.
THIRD AMENDMENT TO CONTRACT OF SALEContract of Sale • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is entered into effective as of March 27, 2008 (the “Effective Date”), by and between CEDAR PARK MULTIFAMILY, LTD., a Texas limited partnership (“Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC (formerly known as TRIPLE NET PROPERTIES, LLC), a Virginia limited liability company (together with its successors and assigns, “Buyer”).
SALE AGREEMENT ASSIGNMENTSale Agreement Assignment • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
This Sale Agreement Assignment (“Assignment”) is made as of March 27, 2008 by and between Grubb & Ellis realty Investors, LLC, (formerly known as Triple Net Properties, LLC) a Virginia limited liability company (“Assignor”), and G&E Apartment REIT Arboleda, LLC, a Delaware limited liability company (“Assignee”), and is made with respect to the Contract of Sale by and between Assignor and Cedar Park Multifamily, Ltd., a Texas limited partnership (“Seller”) dated January 7, 2008, as amended (“PSA”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is entered into effective as of March 7, 2008 (the “Effective Date”), by and between CEDAR PARK MULTIFAMILY, LTD., a Texas limited partnership (“Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC (formerly known as TRIPLE NET PROPERTIES, LLC), a Virginia limited liability company (together with its successors and assigns, “Buyer”).
