AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., American Realty Capital HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND American Realty Capital HEALTHCARE ADVISORS, LLC Dated as of July 31, 2012Advisory Agreement • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED ADVISORY AGREEMENT dated as of July 31, 2012, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “ Operating Partnership ”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.
NOTE AND MORTGAGE ASSUMPTION AGREEMENT (GCCFC 2007-GG9; Loan No. 166000065)Note and Mortgage Assumption Agreement • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
THIS NOTE AND MORTGAGE ASSUMPTION AGREEMENT ("Agreement") is executed July 26, 2012, effective as of July 26, 2012, and is entered into among U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS TRUSTEE FOR THE REGISTERED HOLDERS OF GREENWICH CAPITAL COMMERCIAL FUNDING CORP., COMMERCIAL MORTGAGE TRUST 2007-GG9, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GG9 ("Lender"), having an address at Corporation Trust Services, 190 South LaSalle Street, 7th Floor, Mail Station: MK-IL-SL7R, Chicago, Illinois 60603, Re: GCCFC 2007-GG9; Loan No 166000065; PMZ-HARTFORD, L.L.C., JPG-HARTFORD, L.L.C. and AI-HARTFORD, L.L.C., each a Delaware limited liability company (collectively, "Original Borrower"), and each having an address at 401 North Michigan Avenue, Suite 250, Chicago, Illinois 60611 and ARHC AMHTDWI01, LLC, a Delaware limited liability c
MORTGAGE NOTEMortgage Note • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
FOR VALUE RECEIVED, PMZ-HARTFORD, L.L.C. ("PMZ"), JPG-HARTFORD, L.L.C. ("JPG"), and AI-HARTFORD, L.L.C. ("AI"), each a Delaware limited liability company as tenants in common (jointly and severally referred to as "Borrower") having an address for notice at c/o Zeller Realty Group, 401 N. Michigan Avenue, Suite 250, Chicago, Illinois 60611, promises to pay to the order of GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership, at its principal place of business at 600 East Las Colinas Boulevard, Suite 450, Irving, Texas 75039 (hereinafter referred to as "Lender"), or at such place as the holder hereof may from time to time designate in writing, the principal sum of Nineteen Million One Hundred Twenty Thousand and No/100 Dollars ($19,120,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Contract Rate (as hereinafter defined), and to be paid in install
SENIOR SECURED REVOLVING CREDIT AGREEMENT DATED AS OF MAY 25, 2012 by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., as THE Borrower, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT...Senior Secured Revolving Credit Agreement • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
the Obligations of the undersigned Maker, such excess shall be refunded to the undersigned Maker. All interest paid or agreed to be paid to the Lenders shall, to the extent permitted by applicable law, be amortized, prorated, allocated and spread throughout the full period until payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent.
ContractMortgage Agreement • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
THIS MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (the "Mortgage"), is executed on the date set forth in the acknowledgment on the signature page below, to be given and granted as of December 6, 2006, by PMZ-NEENAH, L.L.C. ("PMZ-Neenah"), JPG-NEENAH, L.L.C., and AI-NEENAH, L.L.C., each a Delaware limited liability company as tenants in common (sometimes referred to in this Mortgage jointly and severally as "Mortgagor" and sometimes referred to in this Mortgage severally as a "Tenant In Common" and jointly and severally, as "Tenants In Common") having an address for notice at c/o Zeller Realty Group, 401 N. Michigan Avenue, Suite 250, Chicago, Illinois 60611, to GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership, having its principal place of business and address for notice at 600 East Las Colinas Boulevard, Suite 450, Irving, Texas 75039 ("Mortgagee"). As used in this Mortgage, the term "Guarantor" means PAUL M. ZELLER, an individual
ContractMortgage • August 6th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
THIS MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (the "Mortgage"), is executed on the date set forth in the acknowledgment on the signature page below, to be given and granted as of December 6, 2006, by PMZHARTFORD, L.L.C. ("PMZ-Hartford"), JPG-HARTFORD, L.L.C., and AI-HARTFORD, L.L.C., each a Delaware limited liability company as tenants in common (sometimes referred to in this Mortgage jointly and severally as "Mortgagor" and sometimes referred to in this Mortgage severally as a "Tenant In Common" and jointly and severally, as "Tenants In Common") having an address for notice at c/o Zeller Realty Group, 401 N. Michigan Avenue, Suite 250, Chicago, Illinois 60611, to GOLDMAN SACHS COMMERCIAL MORTGAGE CAPITAL, L.P., a Delaware limited partnership, having its principal place of business and address for notice at 600 East Las Colinas Boulevard, Suite 450, Irving, Texas 75039 ("Mortgagee"). As used in this Mortgage, the term "Guarantor" means PAUL M. ZELLER, an ind
