0001299933-08-003161 Sample Contracts

ENVIRONMENTAL INDEMNITY AGREEMENT
Environmental Indemnity Agreement • June 25th, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Texas

This ENVIRONMENTAL INDEMNITY AGREEMENT dated as of June 23, 2008 (the “Agreement”), is executed by GRUBB & ELLIS HEALTHCARE REIT HOLDINGS, L.P. (formerly known as NNN HEALTHCARE/OFFICE REIT HOLDINGS, L.P., a Delaware limited partnership) (the “Borrower”), G&E HEALTHCARE REIT AMARILLO HOSPITAL, LLC, a Delaware limited liability company (“Amarillo”) and GRUBB & ELLIS HEALTHCARE REIT, INC., a Maryland corporation (the “Guarantor”; the Borrower, Amarillo and the Guarantor each being referred to herein as an “Indemnitor” and collectively as the “Indemnitors”) to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, together with its successors and assigns, individually and as agent for the Banks (as described in the Loan Agreement described below) (individually, “LaSalle” and as agent, the “Agent”).

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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
Commercial Deed of Trust • June 25th, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Texas

THIS COMMERCIAL DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (“Deed of Trust”) is made as of the 23rd day of June, 2008 by G&E HEALTHCARE REIT AMARILLO HOSPITAL, LLC, a Delaware limited liability company, whose mailing address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 200, Santa Ana, California 92705 (the “Trustor”), to Jeffrey C. Baker, Esq., whose mailing address is 5847 San Felipe, Suite 1753, Houston, Texas 77057, or his successors and substitutes (“Trustee”), for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, whose mailing address is 135 South LaSalle Street, Chicago, Illinois 60603-4015, its successors and assigns, individually and as Agent for the “Banks” (as defined in the Loan Agreement described below) (“Beneficiary”).

JOINDER AGREEMENT
Joinder Agreement • June 25th, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Texas

THIS JOINDER AGREEMENT dated as of June 23, 2008, executed and delivered by G&E HEALTHCARE REIT AMARILLO HOSPITAL, LLC, a Delaware limited liability company (the “New Subsidiary”), in favor of LASALLE BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Banks under that certain Loan Agreement dated as of September 10, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among Grubb and Ellis Healthcare REIT Holdings, L.P. (formerly known as NNN HEALTHCARE/OFFICE REIT HOLDINGS, L.P., a Delaware limited partnership) (the “Borrower”), the financial institutions party thereto and their assignees under Section 1 thereof (the “Banks”) and the Agent.

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