Carveout Guarantee and Indemnity AgreementGuarantee and Indemnity Agreement • December 6th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
This Carveout Guarantee and Indemnity Agreement (this “Agreement”) is made as of the 30th day of November, 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 • December 6th, 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 One Hundred Thousand Dollars and No Cents ($3,100,000.00), 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.
