Common use of Guarantor’s Agreement Clause in Contracts

Guarantor’s Agreement. IN RETAIL FUND, L.L.C., a Delaware limited liability company having its principal place of business at c/o Inland Real Estate Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, Oak Brook, Illinois 60523 (“Guarantor”), hereby unconditionally and irrevocably guarantees to TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (“Lender”) to pay and perform when due the Liabilities (defined below) and to pay on demand the Expenses (defined below). This Guaranty of Payment (the “Guaranty”) is absolute, independent and continuing under all circumstances, and is a guaranty of payment and performance, not of collection. Guarantor acknowledges that the Lender has given sufficient consideration for this Guaranty by agreeing to consent to the assumption by IN RETAIL FUND ALGONQUIN COMMONS, L.L.C., an Illinois limited liability company (“Borrower”), of that certain loan (the “Loan”) to ALGONQUIN COMMONS, LLC, an Illinois limited liability company, ALGONQUIN PHASE II ASSOCIATES LLC, an Illinois limited liability company, JRA ▇▇▇▇▇▇▇▇ OFFICE PARK, LLC, an Ohio limited liability company, JRA BEECHMONT TWINS, LLC, an Ohio limited liability company, JRA FAMILY LIMITED LIABILITY COMPANY, an Ohio limited liability company, MFF ASSOCIATES, LLC, an Ohio limited liability company, and TGH ASSOCIATES, LLC, an Ohio limited liability company (collectively, “Prior Owner”), which is evidenced by that certain Promissory Note dated December 16, 2004, in the original principal amount of $21,000,000.00 made by Prior Owner in favor of Lender (as the same may from time to time be amended, modified or restated, the “Note”) and under which there is now due and owing the principal sum of $20,948,300.87, and acknowledges that the Lender is agreeing to consent to the assumption of the Loan in reliance on each of the terms of this Guaranty.

Guarantor’s Agreement. IN RETAIL FUND▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, L.L.C.an individual, a Delaware limited liability company (hereinafter called “Guarantor”) having its principal place of business at an office c/o Inland ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Real Estate CorporationEstate, Inc., Rookwood Tower, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, Oak BrookSuite 700, Illinois 60523 (“Guarantor”)Cincinnati, Ohio 45209 hereby unconditionally and irrevocably irrevocably, guarantees (the “Guaranty”) to TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the “Lender”) to pay and perform when due the Liabilities (defined below) and to pay on demand the Expenses (defined below). This Guaranty of Payment (the “Guaranty”) is absolute, independent and continuing under all circumstances, and is a guaranty of payment and performance, not of collection. Guarantor acknowledges that the Lender has given sufficient consideration for this Guaranty by agreeing to consent to the assumption by IN RETAIL FUND ALGONQUIN COMMONS, L.L.C., an Illinois limited liability company (“Borrower”), of entering into that certain loan Construction Loan Disbursement Agreement dated of even date herewith (the “LoanLoan Agreement”) to with ALGONQUIN COMMONS, LLC, an Illinois limited liability company, ALGONQUIN PHASE II ASSOCIATES LLC, an Illinois limited liability company, JRA ▇▇▇▇▇▇▇▇ OFFICE PARK, LLC, an Ohio limited liability company, JRA BEECHMONT TWINS, LLC, an Ohio limited liability company, JRA FAMILY LIMITED LIABILITY COMPANY, an Ohio limited liability company, MFF ASSOCIATES, LLC, an Ohio limited liability company, ; and TGH ASSOCIATES, LLC, an Ohio limited liability company (collectively, “Prior OwnerBorrower”), which is ) and agreeing to make the loan (the “Loan”) to Borrower under the Loan as evidenced by that certain Promissory Note Note, dated December 16, 2004of even date herewith, in the original principal amount of $21,000,000.00 21,000,000 made by Prior Owner Borrower in favor of Lender Lender, (as the same may from time to time be amended, modified or restated, the “Note”) and under which there is now due and owing the principal sum of $20,948,300.8721,000,000.00, and Guarantor acknowledges that the Lender is agreeing to consent to the assumption of make the Loan in reliance on each of the terms of this Guaranty.