REPAYMENT GUARANTYRepayment Guaranty • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS REPAYMENT GUARANTY (this "Guaranty") is made as of December 13, 2013, by KBS REIT PROPERTIES, LLC, a Delaware limited liability company (individually and collectively referred to herein as "Guarantor") in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent for the "Lenders" pursuant to the Loan Agreement described below (in such capacity, "Agent") and in favor of each party that now or hereafter is bound under the Loan Agreement as a "Lender" (referred to herein individually as a "Lender" and collectively as the "Lenders").
PROMISSORY NOTE (Revolving Loan)Promissory Note • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This Note is one of one or more promissory notes in the initial aggregate principal amount of $250,000,000.00 issued pursuant to the Loan Agreement (collectively, the "Note"), which Note is secured, inter alia, by each Deed of Trust (as defined in the Loan Agreement), executed by a Borrower and given to Agent, covering one of the Properties (as defined in the Loan Agreement). All of the agreements, conditions, covenants, warranties, representations, provisions and stipulations made by or imposed upon Borrower under the Loan Documents are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully inserted herein, and Borrower covenants and agrees to keep and perform the same, or cause them to be kept and performed, strictly in accordance with their terms.
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
That certain real property located in the City of Norwood, County of Norfolk, Commonwealth of Massachusetts and more particularly described as follows:
LOAN AGREEMENT BetweenLoan Agreement • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
Page I. LOAN 17 1.1 Principal 17 1.2 Interest 18 1.3 LIBOR Rate Option 19 1.4 Maturity Date; Extension 19 1.5 Prepayment 21 1.6 Yield Protection 21 1.7 Inability to Determine LIBOR 22 1.8 Illegality 23 1.9 Capital Adequacy 23 1.10 Indemnification of Agent and the Lenders 24 1.11 Default Rate 25 1.12 Late Payment Charge 25 1.13 Effective Rate 25 1.14 Application of Payments 25 1.15 Fees 25 1.16 No Waiver by Agent 26 1.17 Persons Authorized to Sign Draw Requests on Behalf of Borrowers 26 II. CONDITIONS OF BORROWING 26 2.1 Pre-Closing Requirements 26 2.2 Loan Documents 28 2.3 Recordation of Deeds of Trust; Title Insurance 29 2.4 Opinion of Borrower's Attorneys 29 2.5 Fees 29 2.6 SNDA's and Estoppels 29 2.7 Conditions for Disbursement 29 2.8 Borrower Operating Accounts 29 2.9 Credit Approval 30 III. ADVANCES OF LOAN PROCEEDS 30 3.1 General 30 3.2 Inspections 31 3.3 Responsibility of Agent and the Lenders 31 3.4 [Intentionally
AMENDED AND RESTATED ASSET MANAGEMENT SERVICES AGREEMENTAsset Management Services Agreement • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED ASSET MANAGEMENT SERVICES AGREEMENT (this “Agreement”) is made as of December 1, 2013 (“Effective Date”) by and between KBS Acquisition Sub, LLC, a Delaware limited liability company (the “Company”), and GKK Realty Advisors LLC, a Delaware limited liability company (“Manager”).
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • March 7th, 2014 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
That certain real property located in the City of McLean, County of Fairfax, Commonwealth of Virginia and more particularly described as follows:
