Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx. Chief Executive Officer KBS NASHVILLE INDUSTRIAL PORTFOLIO I, LLC, a Delaware limited liability company By: KBS REIT ACQUISITION XXVIII, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, general partner
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Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer SMRH:488703577.2 Borrower Consent-2 KBSIII 000 XXXXX 000 XXXX, LLC, a Delaware limited liability company By: KBSIII REIT ACQUISITION V, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES III, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP III, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST III, INC., a Maryland corporation, its general partner
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer Organizational Identification Number: DE 5271236 Borrower’s Address for Notices: KBSIII 00 XXXXX XXXXX XXXXXX, LLC c/o KBS Capital Advisors LLC 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attn: Gio Xxxxxxxx Telephone: (949) 797-0324Electronic Mail: xxxxxxxxx@xxx.xxx and c/o KBS Capital Advisors LLC 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 000 Xxxxxxx Xxxxx, Xxxxxxxxxx 00000 Attn: Xxxx Xxxxx Telephone: (949) 797-0338Electronic Mail: xxxxxx@xxx.xxx With a copy to: Xxxxxxxxx Xxxxxxx XXX0000 Xxxxxxxxx Xxxxx, Suite 1000Irvine, California 92612Attn: Xxxxx FischerTelephone: (949) 732-6670Electronic Mail: xxxxxxxx@xxxxx.xxx [Signatures continue on following page.] KBSIII PRESTON COMMONS, LLC, a Delaware limited liability company By: KBSIII REIT ACQUISITION IX, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES III, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP III, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST III, INC., a Maryland corporation, its general partner
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx. Chief Executive Officer KBS RIVERVIEW BUSINESS CENTER I & II, LLC, a Delaware limited liability company By: KBS NASHVILLE INDUSTRIAL PORTFOLIO I, LLC, a Delaware limited liability company, its sole member By: KBS REIT ACQUISITION XXVIII, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation, its general partner
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx.Chief Executive Officer AGENT: U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: Vice President LENDERS: U.S. BANK NATIONAL ASSOCIATION, a national banking association, By: /s/ Xxxxxxxxxxx X. Xxxxxx Name: Xxxxxxxxxxx X. Xxxxxx Title: Vice President ASSOCIATED BANK, NATIONAL ASSOCIATION, By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President CITY NATIONAL BANK By: /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Senior Vice President REGIONS BANK By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Assistant Vice President CITIZENS BANK By: /s/ Authorized Signatory Name: Authorized Signatory Title: VP CONSENT AND REAFFIRMATION OF GUARANTOR This Consent and Reaffirmation of Guarantor (this "Consent") is attached to that certain First Modification and Additional Advance Agreement (Long Form) (the "Modification Agreement") dated as of January 23, 2020 by and among (i) KBSIII DOMAIN GATEWAY, LLC, KBSIII 0000 XXXX XXXXXX XXXXX, LLC, KBSIII 000 XXXXX 000 XXXX, LLC, and KBSIII 515 CONGRESS, LLC, each a Delaware limited liability company (collectively, "Existing Borrowers"), (ii) KBSIII 000 00XX XXXXXX, XXX, a Delaware limited liability company ("Additional Borrower," and individually or collectively with the Existing Borrowers as the context may require, "Borrower" or "Borrowers"), (iii) U.S. BANK NATIONAL ASSOCIATION, a national banking association, as agent (in such capacity, "Agent"), and (v) each lender party hereto (individually, a "Lender" and collectively with any lender that becomes a party to the Loan Agreement (defined below) in the future, the "Lenders"). All capitalized terms used but not defined in this Consent shall have the meanings given to such terms in the Modification Agreement. KBS REIT PROPERTIES III, LLC, a Delaware limited liability company ("Guarantor"), hereby (i) acknowledges that it has read, reviewed with counsel and agrees to the terms, conditions, provisions and modifications of the Modification Agreement and the transactions contemplated thereby, including without limitation the modifications to that certain Payment Guaranty Agreement dated as of October 17, 2018 (as amended, the "Payment Guaranty") executed by Guarantor in favor of Agent and Lenders in connection with the Loan, (ii) reaffirms the full force and effectiveness of the Payment Guaranty and that certain Recourse Carve-Out Guaranty Agreement...
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer KBSII WILLOW OAKS, LLC, a Delaware limited liability company By: KBSII REIT ACQUISITION V, LLC, a Delaware limited liability company, its sole member By: KBS REIT PROPERTIES II, LLC, a Delaware limited liability company, its sole member By: KBS LIMITED PARTNERSHIP II, a Delaware limited partnership, its sole member By: KBS REAL ESTATE INVESTMENT TRUST II, INC., a Maryland corporation, its general partner
Xxxxxxxxx, Xx. Xxxxxxx X. Xxxxxxxxx, Xx., Chief Executive Officer “BUYER” WB UNION PLAZA HOLDINGS LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx
Xxxxxxxxx, Xx who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /s/ X. Xxxxx (Seal) EXHIBIT A Legal Description REAL PROPERTY IN THE CITY OF EMERYVILLE, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT A: (Submerged Parcel) PARCEL 3, PARCEL MAP 1535, FILED JULY 16, 1975, IN MAP BOOK 87, PAGE 88, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM, THAT PORTION THEREOF DESCRIBED IN PARCEL 1A IN THE AMENDED FINAL ORDER OF CONDEMNATION ENTERED AUGUST 19, 1992, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ALAMEDA, CASE NO. 641062-5, A CERTIFIED COPY OF WHICH RECORDED AUGUST 19, 1992, SERIES NO. 92-272591, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY. TRACT B: (Tower I) PARCEL ONE: PARCEL 1, PARCEL MAP 7523, FILED AUGUST 4, 2000, IN MAP BOOK 252, PAGES 63 AND 64, ALAMEDA COUNTY RECORDS. PARCEL TWO: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED AUGUST 4, 2000 AS INSTRUMENT NO. 2000-232335, AND AS AMENDED BY THAT CERTAIN “FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS WATERGATE OFFICE TOWERS” RECORDED JANUARY 16, 2007 AS INSTRUMENT NO. 2007026642, OF OFFICIAL RECORDS. TRACT C: (Tower II) PARCEL ONE: PARCEL 2, PARCEL MAP 2426, FILED FEBRUARY 21, 1978 IN MAP BOOK 101, PAGE 41, ALAMEDA COUNTY RECORDS. PARCEL TWO: AN EASEMENT, APPURTENANT TO PARCEL 2 OF SAID PARCEL MAP 2426, CONVEYED TO TOWER II, A CALIFORNIA LIMITED PARTNERSHIP, BY GRANT OF EASEMENT DATED MAY 18, 1978, RECORDED MAY 24, 1978, IN REEL 5406, IMAGE 111, OFFICIAL RECORDS OF SAID ALAMEDA COUNTY, FOR INGRESS AND EGRESS BY EMERGENCY VEHICLES OF GOVERNMENTAL ENTITIES OVER A PORTION OF PARCEL 1, PARCEL MAP 1179, FILED MAY 22, 1973, IN BOOK 79 OF MAPS, PAGE 59, ALAMEDA COUNTY RECORDS. PARCEL THREE: NONEXCLUSIVE EASEMENTS FOR PARKING AND VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AS GRANTED IN THAT CERTAIN “DECLARATION OF RECIPROCAL...
