INLAND DIVERSIFIED DAYVILLE KILLINGLY MEMBER, L.L.C. LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts • Delaware
THIS LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) dated as of October 3, 2012, is made by and between Inland Diversified Killingly Member II, L.L.C., a Delaware limited liability company (“Inland”), and Dayville Unit Investors, LLC, a (the “Investor”).
TWELFTH LOAN MODIFICATION AND EXTENSION AGREEMENT AND RELEASE OF GUARANTY AND INDEMNITYLoan Modification and Extension Agreement • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts
THIS TWELFTH LOAN MODIFICATION AND EXTENSION AGREEMENT AND RELEASE OF GUARANTY AND INDEMNITY (hereinafter referred to as this “Modification”) is made as of the 3rd day of October, 2012, by and between DAYVILLE PROPERTY DEVELOPMENT LLC, a Connecticut limited liability company (hereinafter referred to as “Borrower”), BVS ACQUISITION CO., LLC, a Delaware limited liability company (hereinafter referred to as the “BVS”), INLAND DIVERSIFIED REAL ESTATE TRUST, INC., a Maryland corporation (hereinafter referred to as “Inland”), and THE HUNTINGTON NATIONAL BANK, successor by purchase to Sky Bank, with offices at 310 Grant Street, 5th Floor, Pittsburgh, Pennsylvania 15219 (hereinafter referred to as “Bank”).
GUARANTY AND SURETYSHIP AGREEMENTGuaranty and Suretyship Agreement • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts
THIS GUARANTY AND SURETYSHIP AGREEMENT (hereinafter referred to as this “Agreement”) is made as of the 3rd day of October, 2012, by and between INLAND DIVERSIFIED REAL ESTATE TRUST, INC., a Maryland corporation (hereinafter referred to as “Guarantor”), and THE HUNTINGTON NATIONAL BANK, successor by purchase to Sky Bank, with offices at 310 Grant Street, 5th Floor, Pittsburgh, Pennsylvania 15219 (hereinafter referred to as “Bank”).
AGREEMENT OF CONTRIBUTION BY AND BETWEEN DAYVILLE UNIT INVESTORS LLCAgreement of Contribution • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts • Connecticut
THIS AGREEMENT OF CONTRIBUTION (hereinafter referred to as the "Agreement"), dated as of this 3rd day of October, 2012, between Dayville Unit Investors, LLC, a Connecticut limited liability company, having an address at c/o Dayville Unit Holdings, LLC, 1720 Post Road, Fairfield, CT 06824 ("Dayville Unit"), and Inland Diversified Dayville Killingly Member II, L.L.C., a Delaware limited liability company, having an address at 2901 Butterfield Road, Oak Brook, Illinois 60523 (hereinafter referred to as "Inland").
THIRD AMENDED AND RESTATED MORTGAGE NOTEMortgage Note • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts
THIS THIRD AMENDED AND RESTATED MORTGAGE NOTE (hereinafter referred to as this “Note”) is made by and between DAYVILLE PROPERTY DEVELOPMENT LLC, a Connecticut limited liability company (hereinafter referred to as “Maker”), and THE HUNTINGTON NATIONAL BANK, successor by purchase to Sky Bank, with offices at 310 Grant Street, 5th Floor, Pittsburgh, Pennsylvania 15219 (hereinafter referred to as “Payee”).
ASSIGNMENT AND ASSUMPTION OF LIMITED LIABILITY COMPANY MEMBERSHIP INTERESTSAssignment and Assumption of Limited Liability Company Membership Interests • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts • Illinois
THIS ASSIGNMENT AND ASSUMPTION OF LIMITED LIABILITY COMPANY INTERESTS (“Assignment”) is entered into effective as of October 3, 2012 (the “Effective Date”), by and between Dayville Unit Investors LLC, a Connecticut limited liability company (“Assignor”) and Inland Diversified Dayville Killingly Member II, L.L.C., a Delaware limited liability company (“Member II”) and Inland Diversified Dayville Killingly Member, a Delaware limited liability company (the “JV”). This Assignment is made with reference to the following facts and circumstances:
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • October 10th, 2012 • Inland Diversified Real Estate Trust, Inc. • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (hereinafter referred to as this “Agreement”), is made as of this 3rd day of October, 2012, by DAYVILLE PROPERTY DEVELOPMENT LLC, a Connecticut limited liability company, having a mailing address at c/o Inland Diversified Real Estate Trust, Inc., 2901 Butterfield Road, Oak Brook, Illinois 60523 (hereinafter referred to as “Borrower”), and INLAND DIVERSIFIED REAL ESTATE TRUST, INC., a Maryland corporation (hereinafter referred to as “Inland” and together with Borrower hereinafter jointly, severally and collectively referred to as “Indemnitor”), to THE HUNTINGTON NATIONAL BANK, successor by purchase to Sky Bank, having an address of 310 Grant Street, 5th Floor, Pittsburgh, Pennsylvania 15219 (hereinafter referred to as “Lender”).
