Carveout Guarantee and Indemnity AgreementGuarantee and Indemnity Agreement • September 27th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
This Carveout Guarantee and Indemnity Agreement (this “Agreement”) is made as of the 21st day of September, 2007 (the “Effective Date”), by AIMCO PROPERTIES, L.P., a Delaware Limited Partnership (the “Carveout Obligor”), in favor of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation, and its successors and assigns (the “Lender”).
Secured Promissory NoteConsolidated Capital Properties Iv • September 27th, 2007 • Real estate investment trusts • Colorado
FOR VALUE RECEIVED, the undersigned, CCP IV ASSOCIATES, LTD., a Texas limited partnership, whose address is 4582 South Ulster Parkway, Suite 1100, Denver, Colorado 80237 (the “Borrower”), promises to pay Three Million Seven Hundred Nine Thousand Seven Hundred Forty-Four Dollars and No Cents ($3,709,744.00), together with interest according to the terms of this Secured Promissory Note (this “Note”), to the order of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation (together with any future holder, the “Lender”), whose address is c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443. Capitalized terms used but not defined in this Note shall have the meanings assigned to them in the Deed of Trust, as defined in Section 12 below.
