RECOURSE CARVE-OUT GUARANTY AGREEMENTCarve-Out Guaranty Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS RECOURSE CARVE-OUT GUARANTY AGREEMENT (this “Guaranty”) is made as of the 2nd day of November, 2020, by KBS REIT PROPERTIES III, LLC, a Delaware limited liability company (“Guarantor”), to and for the benefit of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Administrative Agent”), for itself as a “Lender” and the other “Lenders” under the Loan Agreement (referred to below).
PAYMENT GUARANTY AGREEMENTPayment Guaranty Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS PAYMENT GUARANTY AGREEMENT (this “Guaranty”) is made as of the 2nd day of November, 2020, by KBS REIT PROPERTIES III, LLC, a Delaware limited liability company (“Guarantor”), to and for the benefit of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Administrative Agent”), for itself as a “Lender” and the other “Lenders” under the Loan Agreement (referred to below).
CONSENT AND SUBORDINATION OF MANAGEMENT AGREEMENTSManagement Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS CONSENT AND SUBORDINATION OF MANAGEMENT AGREEMENTS (this "Agreement"), dated as of November 2, 2020, is made by TRANSWESTERN COMMERCIAL SERVICES ILLINOIS, L.L.C., d/b/a Transwestern, a Delaware limited liability company ("Manager"), and KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company ("Owner"), in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent for the "Lenders" pursuant to the Loan Agreement described below (in such capacity, "Agent") and in favor of each party that now or hereafter is bound under the Loan Agreement as a "Lender" (referred to herein individually as a "Lender" and collectively as the "Lenders").
ENVIRONMENTAL INDEMNIFICATION AGREEMENTEnvironmental Indemnification Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS ENVIRONMENTAL INDEMNIFICATION AGREEMENT (the “Agreement”) is made and entered into as of the 2nd day of November, 2020, by and among KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company ("Borrower" or "Indemnitor"), in favor of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Administrative Agent”) for itself as a “Lender” and the other “Lenders” under the Loan Agreement (referred to below) and other Indemnified Parties (as defined below).
This Document Prepared By, and Attornment Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
REVOLVING AND TERM LOAN AGREEMENT by and between KBSIII 500 West Madison, LLC, a Delaware limited liability company as Borrower And a national banking association, as Joint Lead Arranger, Co-Book Runner, and Administrative Agent And BANK OF AMERICA,...Revolving and Term Loan Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS REVOLVING AND TERM LOAN AGREEMENT (this "Agreement") is made and entered into this November 2, 2020, by and among KBSIII 500 West Madison, LLC, a Delaware limited liability company (the "Borrower"), (ii) U.S. BANK NATIONAL ASSOCIATION, a national banking association ("U.S. Bank") in its capacity as Administrative Agent (hereinafter defined), and (iii) the Lenders (as hereinafter defined).
CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company, as mortgagor (Borrower) to (Administrative Agent)Security Agreement and Fixture Filing • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Illinois
THIS CONSTRUCTION MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this 2nd day of November, 2020, by KBSIII 500 WEST MADISON, LLC, a Delaware limited liability company, having its principal place of business at c/o KBS Capital Advisors LLC, 800 Newport Center Drive, Suite 700, Newport Beach, California 92660, Attention: Dan Park, as mortgagor (“Borrower”) for the benefit of U.S. BANK NATIONAL ASSOCIATION, a national banking association, as a “Lender” and as “Administrative Agent” for the “Lenders” under the Loan Agreement (as hereinafter defined), in such capacity, together with is successors and assigns, “Administrative Agent”, as mortgagee, having an address at 4100 Newport Place, Suite 900, Newport Beach, California 92660.
LOAN EXTENSION AND MODIFICATION AGREEMENTLoan Extension and Modification Agreement • November 16th, 2020 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LOAN EXTENSION AND MODIFICATION AGREEMENT (this “Agreement”) is made effective as of November 3, 2020 (the “Effective Date”), by and among KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company (“RBC Plaza Borrower”), KBSIII PRESTON COMMONS, LLC, a Delaware limited liability company (“Preston Commons Borrower”), KBSIII STERLING PLAZA, LLC, a Delaware limited liability company (“Sterling Plaza Borrower”), KBSIII TOWERS AT EMERYVILLE, LLC, a Delaware limited liability company (“Towers at Emeryville Borrower”), KBSIII TEN ALMADEN, LLC, a Delaware limited liability company (“Ten Almaden Borrower”), and KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company (“Legacy Town Center Borrower”; RBC Plaza Borrower, Preston Common Borrower, Sterling Plaza Borrower, Towers at Emeryville Borrower, Ten Almaden Borrower and Legacy Town Center Borrower shall be hereinafter referred to, individually, as a “Borrower” and, collectively, jointly and severally, as “Borrowe
