CONSENT, ASSUMPTION, AND MODIFICATION AGREEMENT WITH RELEASEConsent, Assumption, and Modification Agreement • December 17th, 2010 • Behringer Harvard Opportunity REIT II, Inc. • Real estate investment trusts • New York
This Consent, Assumption, and Modification Agreement With Release (this “Agreement”) is entered into as of October 20, 2010, by and among WAIPOULI OWNER, LLC, a Delaware limited liability company (“Seller”), with an address of c/o RREEF Global Opportunities Fund II, LLC, c/o Deutsche Investment Management Americas Inc., 280 Park Avenue, 40th Floor, New York, New York 10017, KAUAI COCONUT BEACH, LLC, a Delaware limited liability company (“Buyer”), KAUAI COCONUT BEACH OPERATOR, LLC, a Delaware limited liability company (“Operating Tenant”), JMI REALTY LLC, a Delaware limited liability company (“JMI”), and BEHRINGER HARVARD OPPORTUNITY REIT II, INC., a Maryland corporation (“Behringer” and together with JMI, “Buyer Principal”), all having an address of c/o Behringer Harvard Kauai Hotel, LLC 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, and WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE MORGAN STANLEY CAPITAL I INC. COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-XLF (collec
