0001307748-06-000066 Sample Contracts

OPERATING AGREEMENT OF OAK PROPERTY AND CASUALTY LLC
Operating Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Vermont

This Operating Agreement (“Agreement”) for Oak Property and Casualty LLC (the “Company”), is adopted and made effective as of the 1st day of October, 2006.

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OAK PROPERTY AND CASUALTY LLC MEMBERSHIP PARTICIPATION AGREEMENT
Membership Participation Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Vermont

This Membership Participation Agreement (the “Agreement”) is made as of the 1st day of October, 2006, by and among the undersigned participants (the “Member” or “Members”) and Oak Property and Casualty LLC, a Vermont captive insurance company, with a principal place of business at 76 St. Paul Street, Burlington, Vermont (the “Company”).

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COLLATERAL ASSIGNMENT OF AGREEMENTS AFFECTING REAL ESTATE
Inland American Real Estate Trust, Inc. • November 7th, 2006 • Real estate investment trusts

THIS COLLATERAL ASSIGNMENT, made as of the 29th day of September 2006, by Fourth Quarter Properties 124, LLC, a Georgia limited liability company (hereinafter called "Assignor"), having an address of 45 Ansley Drive, Newnan, Georgia 30263 to IA Orlando Sand, L.L.C., a Delaware limited liability company (hereinafter called "Assignee"), having an address of 2901 Butterfield Road, Oak Brook, IL 60523.

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FIRST MORTGAGE AND SECURITY AGREEMENT
First Mortgage and Security Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Florida

THIS MORTGAGE, made as of the 29th day of September, 2006, between Fourth Quarter Properties 124, LLC, a Georgia limited liability company, having an office at 45 Ansley Drive

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Contract
Inland American Real Estate Trust, Inc. • November 7th, 2006 • Real estate investment trusts

Minto (Delaware), LLC c/o Minto Communities, LLC 4400 West Sample Road Coconut Creek, FL 33073-3450 Minto Holdings, Inc c/o Minto Communities, LLC 4400 West Sample Road Coconut Creek, FL 33073-3450

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ENVIRONMENTAL INDEMNITY AGREEMENT
Environmental Indemnity Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Florida

THIS ENVIRONMENTAL INDEMNITY AGREEMENT (the "Agreement") is dated as of September 29th, 2006 among Fourth Quarter Properties 124, LLC, a Georgia limited liability company ("Borrower"), and STANLEY E. THOMAS and THOMAS ENTERPRISES, INC. (collectively, the "Guarantor") (Borrower and Guarantor are individually and collectively referred to as "Indemnitors") for the benefit of IA Orlando Sand, L.L.C., a Delaware limited liability company ("Lender").

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LOAN GUARANTY AGREEMENT
Loan Guaranty Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Florida

THIS LOAN GUARANTY AGREEMENT (the "Guaranty Agreement"), is made as of the 29th day of September, 2006, by STANLEY E. THOMAS and THOMAS ENTERPRISES, INC. (collectively, "Guarantor") to IA Orlando Sand, L.L.C., a Delaware limited liability company (referred to herein as "Lender").

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FIRST MORTGAGE AND SECURITY AGREEMENT (7.86 acre parcel)
Inland American Real Estate Trust, Inc. • November 7th, 2006 • Real estate investment trusts • Florida

THIS MORTGAGE, made as of the 29th day of September, 2006, between Fourth Quarter Properties 124, LLC, a Georgia limited liability company, having an office at 45 Ansley Drive

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LOAN PARTICIPATION AGREEMENT
Loan Participation Agreement • November 7th, 2006 • Inland American Real Estate Trust, Inc. • Real estate investment trusts • Florida

THIS LOAN PARTICIPATION AGREEMENT (this “Agreement”) is made as of this 26th day of October, 2006, by and between IA ORLANDO SAND, L.L.C., a Delaware limited liability company, having its principal place of business at 2901 Butterfield Road, Oak Brook, Illinois 60523 (together with its successors and/or assigns, hereinafter referred to as “Lender”) and INLAND REAL ESTATE CORPORATION, a Maryland corporation “Participant”).

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Minto (Delaware), LLC c/o Minto Communities, LLC 4400 West Sample Road Coconut Creek, FL 33073-3450 October 27, 2006
Inland American Real Estate Trust, Inc. • November 7th, 2006 • Real estate investment trusts
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