AGREEMENT IN LIEU OF FORECLOSUREAssignment of Ground Lease and Assumption Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS AGREEMENT IN LIEU OF FORECLOSURE (this “Agreement”) is made as of December 23, 2011, by and between (i) NATIONAL INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Mortgage Borrower”), and NIP JV, LLC, a Delaware limited liability company (“NIP JV”), in its capacity as lender under the Mortgage Loan Agreement (as hereinafter defined) (in such capacity, “Mortgage Lender”), (ii) NATIONAL INDUSTRIAL MEZZ A, LLC, a Delaware limited liability company (“Mezzanine A Borrower”), and NIP JV, in its capacity as lender under the Mezzanine A Loan Agreement (as hereinafter defined) (in such capacity, “Mezzanine A Lender”), (iii) NATIONAL INDUSTRIAL MEZZ B, LLC, a Delaware limited liability company (“Mezzanine B Borrower”), and NIP JV, in its capacity as lender under the Mezzanine B Loan Agreement (as hereinafter defined) (in such capacity, “Mezzanine B Lender”), (iv) NIPB MEZZ C, LLC, a Delaware limited liability company (“Mezzanine C Borrower”), and NIP JV, in its capacity as l
