MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (TENNESSEE – REVISION DATE 10-18-2007)And Security Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made as of this 15th day of September, 2008, among G&E APARTMENT REIT CANYON RIDGE, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is c/o Grubb & Ellis Realty Investors, LLC, 1606 Santa Rosa Road, Suite 109, Richmond, Virginia 23229, as grantor (“Borrower”), to MID-SOUTH TITLE CORP., as trustee, a resident of Shelby County, Tennessee, whose address is 6363 Poplar Ave., Suite 208, Memphis, Tennessee (“Trustee”), for the benefit of CAPMARK BANK, an industrial bank organized and existing under the laws of Utah, whose address is 6955 Union Park Center, Suite 330, Midvale, Utah 84047, Attn: President, as beneficiary (“Lender”). Borrower’s organizational identification number, if applicable, is 4587727.
UNSECURED PROMISSORY NOTE (this “Note”)Unsecured Promissory Note • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, Grubb & Ellis Apartment REIT Holdings, LP, a Virginia limited partnership (“Borrower”), unconditionally promises to pay NNN Realty Advisors, Inc., a Delaware corporation (“Lender”), in the manner and at the place hereinafter provided, the principal amount of Five Million Four Hundred Dollars ($5,400,000).
FOURTH AMENDED AND RESTATED PLEDGE AGREEMENT (MEMBERSHIP AND PARTNERSHIP INTERESTS)Pledge Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS FOURTH 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 15th day of September, 2008, by and between WACHOVIA BANK, N.A., a national banking association (“Lender”), and GRUBB & ELLIS APARTMENT REIT HOLDINGS, LP, a Virginia limited partnership (formerly known as NNN Apartment REIT Holdings, L.P.) (“Pledgor”).
GUARANTY MULTISTATE (for use in all Property jurisdictions except California) REVISION DATE 05/06/2005Grubb & Ellis Apartment REIT, Inc. • September 19th, 2008 • Real estate investment trusts
This Guaranty (“Guaranty”) is entered into to be effective as of September 15, 2008, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of CAPMARK BANK, a Utah industrial bank (the “Lender”).
ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AND SALE AGREEMENTAssignment and Assumption of Real Estate Purchase and Sale Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Assignment”) is made and entered into this 15th day of September, 2008, by and between GRUBB & ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company (“Assignor”), and G&E Apartment REIT Canyon Ridge, LLC, a Delaware limited liability company, (“Assignee”).
FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Amendment”) is made as of this 15th day of August, 2008, by and between APARTMENTS AT CANYON RIDGE, LLC, a Delaware limited liability company (“Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company (“Buyer”).
REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
FOURTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENTAnd Waiver of Loan Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS FOURTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of September 15, 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”).
