0001387131-18-000185 Sample Contracts

AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • January 19th, 2018 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York

THIS AMENDED AND RESTATED LOAN AGREEMENT, dated as of October 19, 2017 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is between DPF 655 MONTGOMERY LP, a Delaware limited partnership, having an address at c/o Black Creek Diversified Property Fund Inc., 518 17th Street, 17th Floor, Denver, Colorado 80202(together with its permitted successors and permitted assigns, “Borrower”) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), having an office at 1585 Broadway, New York, New York 10036, as administrative agent (including any of its successors and assigns, “Agent”) for MORGAN STANLEY BANK, N.A., a national banking association having an office at 1585 Broadway, New York, New York 10036, and the other Lenders signatory hereto (collectively, together with such other co-lenders as may exist from time to time, “Lender” or “Lenders”).

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SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT
Credit and Term Loan Agreement • January 19th, 2018 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York

This Second Amendment to Amended and Restated Credit and Term Loan Agreement (this “Amendment”) is made as of October 30, 2017, but effective as of September 30, 2017, by and among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP (f/k/a Dividend Capital Total Realty Operating Partnership LP), a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Agreement (collectively, the “Lenders”), and BANK OF AMERICA, N.A., not individually, but as “Administrative Agent”.

MEZZANINE LOAN AGREEMENT
Mezzanine Loan Agreement • January 19th, 2018 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York

THIS MEZZANINE LOAN AGREEMENT, dated as of October 19, 2017 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is between DPF 655 MONTGOMERY MEZZ LLC, a Delaware limited liability company, having an address at c/o Black Creek Diversified Property Fund Inc., 518 17th Street, 17th Floor, Denver, Colorado 80202(together with its permitted successors and permitted assigns, “Borrower”) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), having an office at 1585 Broadway, New York, New York 10036, as administrative agent (including any of its successors and assigns, “Agent”) for MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company, having an office at 1585 Broadway, New York, New York 10036, and the other Lenders signatory hereto (collectively, together with such other co-lenders as may exist from time to time, “Lender” or “Lenders”).

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