And Waiver of Loan Agreement Sample Contracts

FIFTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT
And Waiver of Loan Agreement • September 4th, 2009 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina

THIS FIFTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of August 31, 2009, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).

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SECOND AMENDMENT TO AND WAIVER OF LOAN AGREEMENT
And Waiver of Loan Agreement • April 4th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina

THIS SECOND AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of March 31, 2008, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).

THIRD AMENDMENT TO AND WAIVER OF LOAN AGREEMENT
And Waiver of Loan Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina

THIS THIRD AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of June 26, 2008, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).

FOURTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT
And Waiver of Loan Agreement • September 19th, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina

THIS FOURTH AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of September 15, 2008, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).

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