DEFEASANCE ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENTAnd Release Agreement • June 9th, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings
THIS DEFEASANCE ASSIGNMENT, ASSUMPTION AND RELEASE AGREEMENT, dated as of June 5, 2014 (this “Agreement”) is made by and among SPIRIT SPE PORTFOLIO 2006-1, LLC, a Delaware limited liability company (“2006-1”) and SPIRIT SPE PORTFOLIO 2006-2, LLC, a Delaware limited liability company (“2006-2”) (2006-1 and 2006-2, are individually and collectively, “Original Borrower”), AST-SHOPKO PORTFOLIO, LLC, a Delaware limited liability company (“Successor Borrower”), U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF CITIGROUP COMMERCIAL MORTGAGE TRUST 2006-C4, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-C4 (“A1 and A2 Noteholder”); U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF CD 2006-CD3 COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES (“A3, A4 and A6 Noteholder”) and U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF COBALT CMBS COMMERCIAL MORTGAGE TRUST 2006-C1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SER
