PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
BUY-SELL AGREEMENTBuy-Sell Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
BUY-SELL AGREEMENT (this “Agreement”) dated as of August 31, 2012 made by and between PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“PACOP”), and KEYBANK NATIONAL ASSOCIATION, as administrative agent (the “Administrative Agent”), for the benefit of the Lenders.
MEZZANINE LOAN AGREEMENTMezzanine Loan Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts • Georgia
THIS MEZZANINE LOAN AGREEMENT (this “Agreement”) is made as of August 31, 2012, by and among OXFORD CITY VISTA DEVELOPMENT LLC, a Georgia limited liability company (“Borrower”), having its principal place of business at c/o One Overton Park, 3625 Cumberland Blvd., Suite 500, Atlanta, Georgia 30339, Attn: W. Daniel Faulk, Jr., and CITY VISTA MEZZANINE LENDING, LLC, a Delaware limited liability company (the “Lender”).
GUARANTYGuaranty • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
THIS GUARANTY, dated as of August 31, 2012 (as the same may be amended, restated or otherwise modified from time to time, this “Guaranty”), made by (i) each of the undersigned (each, a “Guarantor” and collectively, the “Guarantors” and such terms shall include an Additional Guarantor that becomes a party to this Guaranty pursuant to Section 16 hereof), with (ii) KEYBANK NATIONAL ASSOCIATION, as Administrative Agent (herein, together with its successors and assigns in such capacity, the “Administrative Agent”), for the benefit of the Creditors (as defined below):
NOTEMezzanine Loan Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned, OXFORD CITY VISTA DEVELOPMENT LLC, a Georgia limited liability company, hereby promises to pay to the order of CITY VISTA MEZZANINE LENDING, LLC, a Delaware limited liability company (“Lender”), in accordance with the terms of that certain Mezzanine Loan Agreement dated as of August 31, 2012, as from time to time in effect, among the undersigned and Lender (the “Loan Agreement”) to the extent not sooner paid, on or before the Maturity Date, the principal sum of TWELVE MILLION ONE HUNDRED FIFTY-THREE THOUSAND AND NO/100 DOLLARS ($12,153,000.00), or such amount as may be advanced by the payee hereof under the Loan Agreement, together with such additional principal from time to time outstanding under the Loan Agreement, with daily interest from the date hereof, computed as provided in the Loan Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal
CREDIT AGREEMENTCredit Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
PURCHASE OPTION AGREEMENTPurchase Option Agreement • September 6th, 2012 • Preferred Apartment Communities Inc • Real estate investment trusts
THIS PURCHASE OPTION AGREEMENT (“Agreement”) is made and entered into as of this 31st day of August, 2012, by and between OXFORD CITY VISTA APARTMENTS LLC, a Georgia limited liability company (“Seller”), and CITY VISTA MEZZANINE LENDING, LLC, a Delaware limited liability company and its successors and assigns (collectively “Purchaser”).
