0001437749-10-003592 Sample Contracts

REAL PROPERTY PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
Real Property Purchase and Sale Agreement • October 29th, 2010 • Glimcher Realty Trust • Real estate investment trusts • New York

THIS REAL PROPERTY PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (“Agreement”) is made as of the 25th day of August, 2010 (the “Effective Date”), by and between SUCIA SCOTTSDALE, LLC, a Delaware limited liability company (the “Seller”), KIERLAND CROSSING, LLC, a Delaware limited liability company (“Buyer”), and FIDELITY NATIONAL TITLE INSURANCE CORPORATION (“Escrow Agent” or “Title Company”).

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SDQ FEE, LLC as Borrower to COMMONWEALTH LAND TITLE INSURANCE COMPANY, as Trustee for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, as Lender DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT AND FIXTURE FILING Dated: As of...
Deed of Trust • October 29th, 2010 • Glimcher Realty Trust • Real estate investment trusts • New York

THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT AND FIXTURE FILING (this “Deed of Trust”) is given as of this 9th day of September, 2010, by SDQ FEE, LLC, a Delaware limited liability company, having its principal place of business at c/o Glimcher Properties Limited Partnership, 180 East Broad Street, 21st Floor, Columbus, Ohio 43215, as trustor (“Borrower”), to COMMONWEALTH LAND TITLE INSURANCE COMPANY, having an address at 2398 East Camelback Road, Suite 650, Phoenix, Arizona 85016, as trustee (“Trustee”) for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005, as beneficiary (together with its successors and assigns, “Lender”).

LOAN AGREEMENT Dated as of September 9, 2010 Between SDQ FEE, LLC, as Borrower and GERMAN AMERICAN CAPITAL CORPORATION, as Lender
Loan Agreement • October 29th, 2010 • Glimcher Realty Trust • Real estate investment trusts • New York

THIS LOAN AGREEMENT, dated as of September 9, 2010 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, collectively, “Lender”), and SDQ FEE, LLC, a Delaware limited liability company, having an address at c/o Glimcher Properties Limited Partnership, 180 East Broad Street, 21st Floor, Columbus, Ohio 43215 (together with its permitted successors and assigns, collectively, “Borrower”).

AND INTERIM LOAN AGREEMENT AND TO GUARANTIES
Construction, Acquisition and Interim Loan Agreement • October 29th, 2010 • Glimcher Realty Trust • Real estate investment trusts • Ohio

This Second Amendment to Construction, Acquisition and Interim Loan Agreement and to Guaranties (this “Amendment”) is made as of October 15, 2010 (the “Amendment Effective Date”) by and among KEYBANK NATIONAL ASSOCIATION, a national banking association for itself and as Administrative Agent for the Lenders (as such capitalized terms, and any other capitalized terms used in this Amendment and not otherwise defined, are defined in the Loan Agreement described below), KIERLAND CROSSING, LLC, a Delaware limited liability company (“Borrower”), GLIMCHER PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership (“Guarantor”) and the financial institutions which are signatories hereto (together with KeyBank National Association in its individual capacity, collectively the “Lenders”).

Contract
Guaranty of Recourse Obligations • October 29th, 2010 • Glimcher Realty Trust • Real estate investment trusts • New York
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