0001299933-09-003640 Sample Contracts

FIFTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT
And Waiver of Loan Agreement • September 4th, 2009 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina

THIS FIFTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of August 31, 2009, 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”).

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