RECITALSLoan Agreement • September 2nd, 2003 • Boston Capital Real Estate Investment Trust Inc • Massachusetts
Exhibit 10.2 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. 2004 EQUITY INCENTIVE PLAN STOCK OPTION AGREEMENT THIS AGREEMENT dated as of _____________, 20__, between Boston Capital Real Estate Investment Trust, Inc., a corporation organized under...Stock Option Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
Exhibit 10.7 PLEDGE AGREEMENT (LLC/LP Interests) This PLEDGE AGREEMENT (this "PLEDGE AGREEMENT"), dated as of May 31, 2003, is made and entered into Boston Capital Real Estate Investment Trust, Inc., a Maryland corporation (the "PLEDGOR"), and among...Pledge Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
BC - GFS LLC LIMITED LIABILITY COMPANY AGREEMENTBoston Capital Real Estate Investment Trust Inc • October 4th, 2004 • Real estate investment trusts • Delaware
PROPERTY MANAGEMENT AGREEMENT FOR SPICEWOOD SPRINGS APARTMENTS JACKSONVILLE, FLORIDAManagement Agreement • December 22nd, 2003 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
RECITALSLoan Agreement • December 22nd, 2003 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
Exhibit 1.1 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. Up to 105,000,000 Shares of Common Stock/$1,050,000,000 DEALER-MANAGER AGREEMENT Boston Capital Securities, Inc. One Boston Place Suite 2100 Boston, MA 02108-4406 Dear Sirs: Boston Capital...Boston Capital Real Estate Investment Trust Inc • February 4th, 2005 • Real estate investment trusts • Massachusetts
BCP FUNDING, LLC C/O BOSTON CAPITAL CORPORATION ONE BOSTON PLACE BOSTON, MA 02108-4405 CERTIFIED MAIL RETURN RECEIPT REQUESTED September 1, 2004 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. C/O BOSTON CAPITAL CORPORATION ONE BOSTON PLACE BOSTON...Boston Capital Real Estate Investment Trust Inc • September 10th, 2004 • Real estate investment trusts
Reference is made to the Loan Agreement dated May 31, 2003 ("Loan Agreement") between BCP Funding LLC, a Delaware limited liability company ("Lender") and you, as ("Borrower"). Please consider this formal written notice that the Lender hereby grants an extension of the Maturity Date of the Loan for one additional period of six months from November 30, 2004 to May 31, 2005.
Exhibit 10.4 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. INDEPENDENT DIRECTOR STOCK OPTION PLAN STOCK OPTION AGREEMENT THIS AGREEMENT dated as of _____________, 20__, between Boston Capital Real Estate Investment Trust, Inc., a corporation...Stock Option Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
PROPERTY MANAGEMENT AGREEMENT FOR PRESTON AT WILLOW BEND APARTMENTS PLANO, TEXASProperty Management Agreement • September 21st, 2005 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
EXHIBIT 10.37 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. c/o Boston Capital Corporation One Boston Place Boston, MA 02108-4405 As of December 5, 2005 BCP Funding, LLC c/o Boston Capital Corporation One Boston Place Boston, MA 02108-4405 RE:...Boston Capital Real Estate Investment Trust Inc • December 7th, 2005 • Real estate investment trusts
SECTION 1Management Agreement • September 2nd, 2003 • Boston Capital Real Estate Investment Trust Inc
SECTION 1Management Agreement • December 22nd, 2003 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
Exhibit 10.32 ASSIGNMENT OF REAL ESTATE SALE AGREEMENT For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to GFS...Real Estate Sale Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to GFS Alderwood LLC, a Washington limited liability company ("Assignee"), all of Assignor's right, title and interest with respect to the real property and improvements commonly known as the Alderwood Park Apartments, located in Lynnwood, Washington and legally described on Exhibit A attached hereto, under that certain Real Estate Sale Agreement dated July 11, 2002, as amended by that certain Reinstatement and First Amendment dated October 23, 2002 (collectively, the "Agreement"), originally between ERP Operating Limited Partnership, an Illinois limited partnership, EQR-Alderwood Limited Partnership, a Washington limited partnership, and EQR-Wellington, L.L.C., a Delaware limited liability company, as Sellers, and Goodman Financial Services, Inc. ("Goodman") as Purchaser, and assigned by Goodman to Assi
Exhibit 10.5(b) AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED ADVISORY SERVICES AGREEMENT This Amendment No. 1 to the Second Amended and Restated Advisory Services Agreement (the "Amendment") is dated as of March 31, 2006, and is entered into by and...Advisory Services Agreement • April 7th, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
Amendment No. 1 to BC-GFS LLC Limited Liability Company Agreement dated as of December 12, 2002 (the "Agreement")Limited Liability Company Agreement • January 24th, 2005 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
CREDIT AGREEMENT Dated as of December 6, 2006 Among BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. as the Borrower,Credit Agreement • December 12th, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
This CREDIT AGREEMENT (“Agreement”) is entered into as of December 6, 2006, among BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent and L/C Issuer.
Exhibit 10.21 ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR PURCHASE AND SALE OF PROPERTY This Assignment and Assumption of Agreement of Purchase and Sale ("Assignment") is entered into as of the 21st day of May, 2003, by and between BCMR SPECIAL, INC.,...Assignment and Assumption of Agreement • December 22nd, 2003 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Florida
Exhibit 10.13 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. AMENDED AND RESTATED ESCROW AGREEMENT This Amended and Restated Escrow Agreement (the "Agreement") is made as of the 6th day of April 2006, by and between Boston Capital Real Estate...Escrow Agreement • April 7th, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
Exhibit 1.1 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. Up to 105,000,000 Shares of Common Stock/$1,050,000,000 DEALER-MANAGER AGREEMENT Boston Capital Securities, Inc. One Boston Place Suite 2100 Boston, MA 02108-4406 Dear Sirs: Boston Capital...Soliciting Dealer • January 24th, 2005 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
Property Management Agreement for Spicewood Springs Apartments Jacksonville, FloridaProperty Management Agreement • May 5th, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
This Property Management Agreement is made and entered into as of this 1st day of May, 2006, by and between BC-BAINBRIDGE SPICEWOOD LLC, a Delaware limited liability company (the “Owner”) and STEVEN D. BELL AND COMPANY, a North Carolina corporation (the “Manager”).
Exhibit 10.29 ASSIGNMENT OF REAL ESTATE SALE AGREEMENT For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS II LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to...Real Estate Sale Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS II LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to BC-GFS Settler's Point LLC, a Delaware limited liability company ("Assignee"), all of Assignor's right, title and interest with respect to the real property and improvements commonly known as Settler's Point Apartments, located in Taylorsville, Utah and legally described in Exhibit A attached hereto, under that certain Real Estate Sale Agreement dated March 26, 2003, as modified by Letter Agreement dated as of April 24, 2003 (collectively, the "Agreement"), originally between ERP Operating Limited Partnership, an Illinois limited partnership, as Seller, and Goodman Financial Services, Inc. ("Goodman") as Purchaser, and assigned by Goodman to Assignor pursuant to that certain Assignment of Real Estate Sale Agreement dated as of May 2, 2003.
BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. INDEPENDENT DIRECTOR STOCK OPTION PLAN FORM OF STOCK OPTION AGREEMENTStock Option Agreement • April 2nd, 2007 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
THIS AGREEMENT dated as of , 20 , between Boston Capital Real Estate Investment Trust, Inc., a corporation organized under the laws of the State of Maryland (the “Company”), and the individual identified below, residing at the address there set out (the “Optionee”).
BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. c/o Boston Capital Corporation One Boston Place Boston, MA 02180-4405Boston Capital Real Estate Investment Trust Inc • April 26th, 2005 • Real estate investment trusts
Reference is made to the Loan Agreement dated May 31, 2003 ("Loan Agreement") between Boston Capital Real Estate Investment Trust, Inc., a Maryland corporation ("Borrower") and you, as Lender. Please consider this formal written notice that the Borrower hereby requests to extend the Maturity Date of the Loan from May 31, 2005 to January 1, 2006.
Wachovia Bank, N.A. Real Estate Financial Services Group WS 5200 One Boston Place 201 Washington Street, 27th Floor Boston, MA 02108Boston Capital Real Estate Investment Trust Inc • August 16th, 2007 • Real estate investment trusts
Re: Credit Agreement, dated as of December 6, 2006, among Boston Capital Real Estate Investment Trust, Inc., as the Borrower (the “Borrower”), Wachovia Bank, National Association, as Administrative Agent and L/C Issuer, Wachovia Capital Markets, LLC, as Sole Lead Arranger and Sole Book Manager and the other Lenders party thereto (the “Credit Agreement”)
Exhibit 10.28 ASSIGNMENT OF REAL ESTATE SALE AGREEMENT For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS II LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to...Real Estate Sale Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS II LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to BC-GFS Bridge Creek LLC, a Delaware limited liability company ("Assignee"), all of Assignor's right, title and interest with respect to the real property and improvements commonly known as Bridge Creek Apartments, located in Wilsonville, Oregon and legally described in Exhibit A attached hereto, under that certain Real Estate Sale Agreement dated March 27, 2003, as amended by Letter Agreement dated as of April 24, 2003 and that certain First Amendment to Real Estate Sale Agreement dated as of May 2, 2003 (collectively, the "Agreement"), originally between EQR-Bridgecreek Vistas, Inc., an Illinois corporation, as Seller, and Goodman Financial Services, Inc. ("Goodman") as Purchaser, and assigned by Goodman to Assignor pursuant to that certain Assignment of Real Estate Sale Agreement dated as of May
February 23, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Arlington Street RE, Inc. c/o Holland & Knight LLP 10 St. James Avenue Boston, Massachusetts 02116 Attn: William F. Machen, Esq. RE: ELECTION TO EXTEND MATURITY DATE Ladies and Gentlemen:...Boston Capital Real Estate Investment Trust Inc • April 9th, 2004 • Real estate investment trusts
Reference is made to the Loan Agreement dated May 31 2003 ("Loan Agreement") between BCP Funding LLC, a Delaware limited liability company ("Borrower") and you, as agent for the Lenders named therein. Please consider this formal written notice that the Borrower hereby elects to extend the Maturity Date of the Loan for one additional period of six months from May 31 2003 to November 30, 2004 as provided in the Loan Agreement.
Exhibit 10.13 BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. ESCROW AGREEMENT This Agreement made as of the 1st day of March 2004, by and between Boston Capital Real Estate Investment Trust, Inc., a Maryland corporation (the "REIT"), Boston Capital...Escrow Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
June 22, 2005 Amended and Restated as of June 23, 2005Boston Capital Real Estate Investment Trust Inc • July 19th, 2005 • Real estate investment trusts • Massachusetts
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • February 3rd, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Maryland
This Indemnification Agreement (the “Agreement”) is made and entered into this day of (the “Effective Date”), by and among Boston Capital Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and (the “Indemnitee”)
Wachovia Bank, N.A. Real Estate Financial Services Group WS 5200 One Boston Place Boston, MA 02108 Tel 617-603-4226 Fax 617-603-4228 October 19, 2007 Boston Capital Real Estate Investment Trust, Inc. c/o Boston Capital One Boston Place Boston,...Boston Capital Real Estate Investment Trust Inc • October 25th, 2007 • Real estate investment trusts
Re: Credit Agreement, dated as of December 6, 2006, among Boston Capital Real Estate Investment Trust, Inc., as the Borrower (the “Borrower”), Wachovia Bank, National Association, as Administrative Agent and L/C Issuer, Wachovia Capital Markets, LLC, as Sole Lead Arranger and Sole Book Manager and the other Lenders party thereto, as amended by First Amendment (“First Amendment”) dated August 10, 2007 (as so amended, the “Credit Agreement”)
AGREEMENT AND PLAN OF MERGER AMONG BC ACQUISITION INVESTORS, LLC BC ACQUISITION SUB, LLC AND BOSTON CAPITAL REAL ESTATE INVESTMENT TRUST, INC. DATED AS OF OCTOBER 23, 2007Agreement and Plan of Merger • October 25th, 2007 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Maryland
THIS AGREEMENT AND PLAN OF MERGER, dated as of October 23, 2007 (this “Agreement”), is made and entered into by and among Boston Capital Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), BC Acquisition Investors, LLC, a Delaware limited liability company (“Parent”), BC Acquisition Sub, LLC, a Delaware limited liability company and a wholly-owned subsidiary of Parent (“Merger Sub” and together with Parent, the “Purchaser Parties”). Capitalized terms used but not defined herein shall have the meaning ascribed to them in Section 1.01.
Exhibit 10.33 ASSIGNMENT OF REAL ESTATE SALE AGREEMENT For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to GFS...Real Estate Sale Agreement • April 9th, 2004 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
For good and valuable consideration, the receipt of which is hereby acknowledged, BC-GFS LLC, a Delaware limited liability company ("Assignor"), hereby assigns, transfers and sets over to GFS Wellington LLC, a Washington limited liability company ("Assignee"), all of Assignor's right, title and interest with respect to the real property and improvements commonly known as the Wellington Apartments, located in Silverdale, Washington and legally described on Exhibit A attached hereto, under that certain Real Estate Sale Agreement dated July 11, 2002, as amended by that certain Reinstatement and First Amendment dated October _____, 2002 (collectively, the "Agreement"), originally between ERP Operating Limited Partnership, an Illinois limited partnership, EQR-Alderwood Limited Partnership, a Washington limited partnership, and EQR-Wellington, L.L.C., a Delaware limited liability company, as Sellers, and Goodman Financial Services, Inc. ("Goodman") as Purchaser, and assigned by Goodman to As
LOAN EXTENSION AGREEMENTLoan Extension Agreement • January 3rd, 2006 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts
This Loan Extension Agreement is dated as of this 28th day of December, 2005, by and between Wachovia Bank, National Association, a national banking association with a place of business at One Boston Place, Boston, Massachusetts (the “Lender”), ALLTX, LLC, a Delaware limited liability company with an office at One Boston Place, Boston, Massachusetts 02108 (the “Borrower”), in consideration of the mutual covenants contained herein and the benefits to be derived herefrom.
Exhibit 10.2 LOAN AGREEMENT This LOAN AGREEMENT (this "AGREEMENT") is dated as of this 15th day of September, 2005 between and among WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association with an office at One Boston Place, Boston,...Loan Agreement • September 21st, 2005 • Boston Capital Real Estate Investment Trust Inc • Real estate investment trusts • Massachusetts
