AmREIT Monthly Income & Growth Fund III Ltd Sample Contracts

AmREIT Monthly Income & Growth Fund III Ltd – OMNIBUS AMENDMENT TO LOAN DOCUMENTS (August 13th, 2014)

THIS OMNIBUS AMENDMENT TO LOAN DOCUMENTS (this “Modification Agreement”) is made as of the 6th day of June, 2014 (the “Amendment Date”) and effective as of June 1, 2014 (the “Effective Date”), by and among U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-LDP2 (“A Note Holder”) and U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF MEZZ CAP 2005-C3, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-C3 (“B Note Holder”; together with A Note Holder and each of their respective successors and assigns, collectively, “Lender”), and AMREIT WESTSIDE PLAZA, LP, a Texas limited partnership (“Borrower”), AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership (“Guarantor”).

AmREIT Monthly Income & Growth Fund III Ltd – SECOND PROMISSORY NOTE (March 28th, 2013)

FOR VALUE RECEIVED, AmREIT LANTERN LANE, LP, a Texas limited partnership (“Borrower”), promises to pay to the order of U.S. BANK NATIONAL ASSOCIATION, a national banking association, and its successors and assigns (“Lender”) at its offices at 14241 Dallas Parkway, Suite 490, Dallas, Texas 75254 or at such other address as the holder hereof may from time to time designate in writing to Borrower, in lawful money of the United States of America, in immediately available funds, the principal sum of TWO MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($2,200,000.00) or so much of said sum as shall have been advanced by Lender or any subsequent holder hereof, together with interest on the unpaid principal balance of this Second Promissory Note (this “Note”), from time to time outstanding until paid in full at the rates described herein, such payment to be on the terms and conditions hereinafter set forth.

AmREIT Monthly Income & Growth Fund III Ltd – SETTLEMENT AGREEMENT (February 10th, 2012)

THIS SETTLEMENT AGREEMENT (this “Agreement”) is entered into as of February 6, 2012 (the “Effective Date”), by and among Q OLMOS CREEK PROPERTY, LLC, a Texas limited liability company (“Lender”), AMREIT OLMOS CREEK, LP, a Texas limited partnership (“Borrower”), and AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership (“Guarantor”), on the following terms and conditions:

AmREIT Monthly Income & Growth Fund III Ltd – TERM LOAN AGREEMENT by and between AmREIT LANTERN LANE, LP, a Texas limited partnership, as Borrower and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as Lender Property: Lantern Lane Shopping Center 12500 Memorial Drive, Houston, TX Dated: Effective as of October 7, 2011 (October 12th, 2011)

THIS TERM LOAN AGREEMENT is made and entered into effective as of the 7th day of October, 2011, by and between AmREIT LANTERN LANE, LP, a Texas limited partnership (“Borrower”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association (“Lender”).

AmREIT Monthly Income & Growth Fund III Ltd – Real Estate Sales Contract (March 31st, 2011)

This Real Estate Sales Contract (“Contract”) is between Seller and Buyer as identified below and is effective as of January 14, 2011 (“Effective Date”). Buyer must deliver the Earnest Money to Title Company and obtain Title Company’s manual signature before the Earnest Money Deadline provided in Section A.1. for this Contract to be effective. If the Earnest Money is paid by check and payment on presentation is refused, Buyer is in default.

AmREIT Monthly Income & Growth Fund III Ltd – LANTERN LANE SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT (April 30th, 2007)

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 28th day of September 2006, by and between AmREIT Lantern Lane, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

AmREIT Monthly Income & Growth Fund III Ltd – FIXED RATE NOTE (B LOAN) (April 30th, 2007)

FOR VALUE RECEIVED, SHAFER PLAZA I, LTD., a Texas limited partnership (hereinafter referred to as “Borrower”), having its principal place of business at 3001 Knox Street, Suite 207, Dallas, Texas 75205, unconditionally promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America having an office at 270 Park Avenue, New York, New York 10017, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of SIX HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($640,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Rate (hereinafter

AmREIT Monthly Income & Growth Fund III Ltd – Loan Assumption Agreement (April 30th, 2007)

THIS Loan Assumption Agreement (this “Agreement”) is made and entered into as of December 7 , 2006 (the “Effective Date”) by and between PTC Dunhill Holdings, Ltd., a Texas limited partnership (“Prior Owner”); William L. Hutchinson, an individual resident of Texas (“Prior Guarantor”); AmREIT SSPF Preston Towne Crossing, LP, a Delaware limited partnership (“Borrower”); AmREIT Monthly Income & Growth Fund III, Ltd., a Texas limited partnership (“New Guarantor”); and LaSalle Bank National Association as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-CIBC12 (“Lender”).

AmREIT Monthly Income & Growth Fund III Ltd – MANAGEMENT AND LEASING AGREEMENT 1 (April 30th, 2007)

MANAGEMENT AND LEASING AGREEMENT (this “Agreement”) dated as of December 7, 2006 by and between AMREIT SSPF BERKELEY, L.P, a Delaware limited partnership, having an office c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167 (“Owner”), and AMREIT REALTY INVESTMENT CORPORATION, a Texas corporation having an office at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Manager”).

AmREIT Monthly Income & Growth Fund III Ltd – FIXED RATE NOTE (A LOAN) (April 30th, 2007)

FOR VALUE RECEIVED, SHAFER PLAZA I, LTD., a Texas limited partnership (hereinafter referred to as “Borrower”), having its principal place of business at 3001 Knox Street, Suite 207, Dallas, Texas 75205, unconditionally promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America having an office at 270 Park Avenue, New York, New York 10017, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of TEN MILLION TWO HUNDRED FORTY THOUSAND AND NO/100 DOLLARS ($10,240,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Ra

AmREIT Monthly Income & Growth Fund III Ltd – WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL PASS-THROUGH CERTIFICATES, SERIES 2005-LDP2 LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT Date: as of September 30, 2005 (April 30th, 2007)

THIS LOAN ASSUMPTION AND SUBSTITUTION AGREEMENT (this “Agreement”) is made and entered into as of September 30, 2005, by and among AMREIT WESTSIDE PLAZA, IP, a Texas limited partnership, having an address of 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Assuming Borrower”) AMREIT MONTHLY INCOME & GROWTH FUND III, LTD., a Texas limited partnership (“MIG III”), and AMREIT, a Texas real estate investment trust (“AmREIT”), each having an address of 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (MIG III and AmREIT, individually and collectively, if more than one, “Assuming Indemnitor”), SHAFER PLAZA I, LTD., a Texas limited partnership having an address at 3001 Knox Street, Suite 207, Dallas, Texas 75205 (“Original Borrower”), and STEVEN G. SHAFER, having an address at 3907 Gillion, Dallas, Texas (“Original Indemnitor”) in favor of WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF THE J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES CORP., COMMERCIAL PASS-THROUGH

AmREIT Monthly Income & Growth Fund III Ltd – PROMISSORY NOTE (Fixed — Yield Maintenance/Hyperamortization) (April 30th, 2007)

FOR VALUE RECEIVED AMREIT LAKE HOUSTON, LP, a Texas limited partnership, as maker, having its principal place of business at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Borrower”), hereby unconditionally promises to pay to the order of MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, as payee, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of FIFTEEN MILLION SIX HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($15,675,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (defined below) in accordance with the terms of this Note.

AmREIT Monthly Income & Growth Fund III Ltd – Management and Leasing Agreement dated as of December 7, 2006 between AMREIT SSPF PRESTON TOWNE CROSSING, LP, Owner and AMREIT REALTY INVESTMENT CORPORATION, Manager (April 30th, 2007)

MANAGEMENT AND LEASING AGREEMENT (this “Agreement”) dated as of December 7, 2006 by and between AMREIT SSPF PRESTON TOWNE CROSSING, LP, a Delaware limited partnership, having an office c/o J.P. Morgan Investment Management Inc., 245 Park Avenue, New York, New York 10167 (“Owner”), and AMREIT REALTY INVESTMENT CORPORATION, a Texas corporation having an office at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Manager”).

AmREIT Monthly Income & Growth Fund III Ltd – PROMISSORY NOTE (Fixed — Defeasance or Yield Maintenance) (April 30th, 2007)

FOR VALUE RECEIVED, AMREIT CASA LINDA, LP, a Texas limited partnership, as maker, having its principal place of business at 8 Greenway Plaza, Suite 1000, Houston, Texas 77046 (“Borrower”), hereby unconditionally promises to pay to the order of MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, as payee, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of Thirty-Seven Million Nine Hundred Fifty Thousand and No/100 Dollars ($37,950,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (defined below) in accordance with the terms of this Note.

AmREIT Monthly Income & Growth Fund III Ltd – OLMOS CREEK SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT (April 30th, 2007)

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 26 day of January, 2007, by and between AmREIT Olmos Creek, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

AmREIT Monthly Income & Growth Fund III Ltd – WESTSIDE PLAZA SHOPPING CENTER SECOND AMENDED AND RESTATED MANAGEMENT AND LEASING AGREEMENT (April 30th, 2007)

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 28 day of December 2005, by and between AmREIT Westside Plaza, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

AmREIT Monthly Income & Growth Fund III Ltd – MARKET AT LAKE HOUSTON SHOPPING CENTER MANAGEMENT AND LEASING AGREEMENT (April 30th, 2007)

This Shopping Center Management and Leasing Agreement (hereinafter the “Agreement”), entered into as of the 22 day of November 2005, by and between AmREIT Lake Houston, LP, a Texas limited partnership (hereinafter “Owner”) and AmREIT Realty Investment Corporation, a Texas corporation (hereinafter “Agent”);

AmREIT Monthly Income & Growth Fund III Ltd – COMMERCIAL PROPERTY MANAGEMENT AND LEASING AGREEMENT (April 30th, 2007)

THIS COMMERCIAL PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Agreement”) is dated as of March 30, 2006, and is entered into by and between 5433 WESTHEIMER, LP, a Texas limited partnership (“Owner”), and SONGY PARTNERS LIMITED, a Florida limited partnership (“Manager” or “Leasing Agent”).

AmREIT Monthly Income & Growth Fund III Ltd – Loan Assumption Agreement (April 30th, 2007)

This Loan Assumption Agreement (this “Agreement”) is made and entered into as of December 7, 2006 (the “Effective Date”) by and between Berkeley Center, Ltd., a Texas limited partnership (“Prior Owner”); William L. Hutchinson, an individual resident of Texas (“Prior Guarantor”); AmREIT SSPF Berkeley, LP, a Delaware limited partnership (“Borrower”); AmREIT Monthly Income & Growth Fund III, Ltd., a Texas limited partnership (“New Guarantor”); and LaSalle Bank National Association as Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-CIBC12 (“Lender”).

AmREIT Monthly Income & Growth Fund III Ltd – PROMISSORY NOTE September 28, 2006 (April 30th, 2007)

This Promissory Note is secured by (i) vendor’s lien retained by Payee in Special Warranty Deed with Vendor’s Lien of even date herewith from Payee, as grantor therein and Maker as grantee therein conveying certain unimproved real property located in Harris County, Texas as more particularly described in said deed and (ii) a mortgage covering such real property (the “Property”), as evidenced by that certain Deed of Trust, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing affecting such real property of even date herewith (the “Deed of Trust”).

AmREIT Monthly Income & Growth Fund III Ltd – SECURED PROMISSORY NOTE 755368 (April 30th, 2007)