0001104659-06-082491 Sample Contracts

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BEHRINGER HARVARD ELDRIDGE PLACE LP, as Borrower (Borrower) to WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender (Lender) ASSIGNMENT OF LEASES AND RENTS Dated: As of December , 2006
Behringer Harvard Reit I Inc • December 19th, 2006 • Real estate investment trusts

THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) made as of the day of December, 2006, by BEHRINGER HARVARD ELDRIDGE PLACE LP, a Delaware limited partnership, as assignor, having its principal place of business c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (“Borrower”) to WACHOVIA BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having its principal place of business at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (“Lender”).

DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
Security Agreement and Fixture Filing • December 19th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this “Security Instrument”) is made as of this day of December, 2006, by BEHRINGER HARVARD ELDRIDGE PLACE LP, a Delaware limited partnership, having its principal place of business c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001, as mortgagor (“Borrower”) to WILLIAM D. CLEVELAND, ESQ., having an address at 909 Fannin, Suite 200, Houston, Texas 77010, as trustee (“Trustee”) for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having its principal place of business at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262, as grantee (“Lender”).

GUARANTY AGREEMENT
Guaranty Agreement • December 19th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts

THIS GUARANTY AGREEMENT (this “Guaranty”) is executed as of December , 2006, by BEHRINGER HARVARD REIT I, INC., a Maryland corporation, having an address c/o Behringer Harvard Funds, 15601 Dallas Parkway, Suite 600, Addison, Texas 75001 (whether one or more collectively referred to as “Guarantor”), for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an office at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (“Lender”).

AND ESCROW INSTRUCTIONS
Purchase Agreement • December 19th, 2006 • Behringer Harvard Reit I Inc • Real estate investment trusts • Texas
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