LOAN AGREEMENT by and among KBSII GRANITE TOWER, LLC, a Delaware limited liability company, as Borrower and BANK OF AMERICA, N.A., a national banking association as Administrative Agent and The Other Financial Institutions Party Hereto Dated as of...Loan Agreement • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • Colorado
THIS LOAN AGREEMENT (this “Agreement”) is made as of August 30, 2019 by and among each lender from time to time a party hereto (individually, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association as Administrative Agent, and KBSII GRANITE TOWER, LLC, a Delaware limited liability company (“Borrower”), who agree as follows:
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT ANDDeed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This document serves as a Fixture Filing under Section 4-9-502 of the Colorado Revised Statutes. Grantor's Organizational Identification Number is: DE 4906645
AMENDED AND RESTATED OFFICE LEASE UNION BANK PLAZA KBSII 445 South Figueroa, LLC, a Delaware limited liability company as Landlord, and MUFG Union Bank, N.A., a national association as Tenant Dated August 2, 2019Office Lease • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
The following terms of this Summary of Basic Lease Information (the “Summary”) are hereby incorporated into and made a part of the attached Office Lease (this Summary and the Office Lease to be known collectively as the “Lease”) which pertains to the office building (the “Building”) which is commonly known as Union Bank Plaza and located at 445 South Figueroa Street, Los Angeles, California 90071. Each reference in the Office Lease to any term of this Summary shall have the meaning as set forth in this Summary for such term. In the event of a conflict between the terms of this Summary and the Office Lease, the terms of the Office Lease shall prevail. Any capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Office Lease.
Limited Completion Guaranty AgreementLimited Completion Guaranty Agreement • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This Limited Completion Guaranty Agreement (this “Guaranty”) is made as of the 30th day of August, 2019, by KBS REIT Properties II, LLC, a Delaware limited liability company (“Guarantor”), in favor of Bank of America, N.A., a national banking association, as administrative agent for Lenders as that term is defined below (collectively with its successors or assigns, in such capacity, “Administrative Agent”), and each of the Lenders.
Limited Payment Guaranty AgreementLimited Payment Guaranty Agreement • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts
This Limited Payment Guaranty Agreement (this “Guaranty”) is made as of the 30th day of August, 2019, by KBS REIT Properties II, LLC, a Delaware limited liability company (“Guarantor”), in favor of Bank of America, N.A., a national banking association, as administrative agent for Lenders as that term is defined below (collectively with its successors or assigns, in such capacity, “Administrative Agent”), and each of the Lenders.
RETAIL LEASE UNION BANK PLAZA KBSII 445 South Figueroa, LLC, a Delaware limited liability company as Landlord, and MUFG Union Bank, N.A., a national association as Tenant Dated August 2, 2019Retail Lease • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • California
The following terms of this Summary of Basic Lease Information (the “Summary”) are hereby incorporated into and made a part of the attached Retail Lease (this Summary and the Retail Lease to be known collectively as the “Lease”) which pertains to the retail area of that certain office building (the “Retail Area”) which is commonly known as Union Bank Plaza and located at 445 South Figueroa Street, Los Angeles, California 90071. Each reference in the Retail Lease to any term of this Summary shall have the meaning as set forth in this Summary for such term. In the event of a conflict between the terms of this Summary and the Retail Lease, the terms of the Retail Lease shall prevail. Any capitalized terms used herein and not otherwise defined herein shall have the meaning as set forth in the Retail Lease.
Environmental Indemnification and Release AgreementEnvironmental Indemnification and Release Agreement • November 12th, 2019 • KBS Real Estate Investment Trust II, Inc. • Real estate investment trusts • Colorado
This Environmental Indemnification and Release Agreement (this “Agreement”) is executed as of the 30th day of August, 2019, by KBSII GRANITE TOWER, LLC, a Delaware limited liability company (“Borrower”), for the benefit of (i) each of the lenders (each, a “Lender” and collectively, “Lenders”) from time to time party to that certain Loan Agreement of even date herewith (the “Loan Agreement”) among Borrower, Lenders and Bank of America, N.A., a national banking association, as administrative agent for Lenders (in such capacity, “Administrative Agent”), (ii) Administrative Agent, and (iii) the Indemnified Parties defined and described below.
