GUARANTY AGREEMENTGuaranty Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts • New York
THIS GUARANTY AGREEMENT (this “Guaranty”) is executed as of December 15, 2014, by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (the “Guarantor”), having an address at 2901 Butterfield Road, Oak Brook, Illinois 60523, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2011-C5, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-C5, having an address at c/o Midland Loan Services, 10851 Mastin, Suite 700, Overland Park, Kansas 66210 (“Lender”).
REPLACEMENT GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONSInland Real Estate Income Trust, Inc. • December 22nd, 2014 • Real estate investment trusts • Illinois
REPLACEMENT GUARANTY OF PAYMENT AND RECOURSE OBLIGATIONS dated as of December 15, 2014 (this “Guaranty”), is executed by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”), to and for the benefit of PNC BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
CONSENT TO SALE, ASSUMPTIONS AND SECOND LOAN MODIFICATION AGREEMENTModification Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS CONSENT TO SALE, ASSUMPTIONS AND SECOND LOAN MODIFICATION AGREEMENT (“Agreement”) is made effective as of December 15, 2014 (the “Effective Date”), by and among KRG PLEASANT PRAIRIE RIDGE, LLC, a Delaware limited liability company, formerly known as Inland Diversified Pleasant Prairie Ridge, L.L.C. (the “Borrower”), KITE REALTY GROUP, L.P., a Delaware limited partnership (the “Guarantor”), IREIT PLEASANT PRAIRIE RIDGE, L.L.C., a Delaware limited liability company (the “Replacement Borrower”) and INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (the “Replacement Guarantor”) (the Borrower, the Guarantor, the Replacement Borrower and the Replacement Guarantor are hereinafter each individually on a joint and several basis referred to as, a “Loan Party” and all collectively on a joint and several basis referred to as, the “Loan Parties”) and PNC BANK, NATIONAL ASSOCIATION, a national banking association and its successors and assigns (collectively, the “Lender”).
ENVIRONMENTAL INDEMNITY AGREEMENT (HARVEST SQUARE)Environmental Indemnity Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time, this "Agreement") made as of the 15th day of December, 2014, IREIT HARVEST SQUARE, L.L.C., a Delaware limited liability company, having an office at 2901 Butterfield Road, Oak Brook, IL 60523 ("Borrower"), INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation, having an office at 2901 Butterfield Road, Oak Brook, IL 60523 ("Guarantor"; Borrower and Guarantor hereinafter referred to, individually and collectively, as the context may require, as "Indemnitor"), in favor of PNC BANK, NATIONAL ASSOCIATION, a national banking association, having an address at 10851 Mastin, Overland Park, KS 66210 (together with its successors and/or assigns, "Lender"). Capitalized terms used in this Agreement and not specifically defined herein shall have the meaning provided in the Loan Agreement (defined below).
RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Polsinelli PCConsent and Assumption Agreement With Release • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
OF LEASES AND SECURITY DEPOSITS HARVEST SQUARE – HARVEST, ALABAMAAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG HARVEST SQUARE, LLC, a Delaware limited liability company (“Assignor”), and IREIT HARVEST SQUARE, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
OF LEASES AND SECURITY DEPOSITS FOX POINT – NEENAH, WISCONSINAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG NEENAH FOX POINT, LLC, a Delaware limited liability company (“Assignor”), and IREIT NEENAH FOX POINT, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
OF LEASE AND SECURITY DEPOSIT COPP’S GROCERY STORE AT STEVENS POINT – STEVENS POINT, WISCONSINAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AND SECURITY DEPOSIT (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG STEVENS POINT PINECREST, LLC, a Delaware limited liability company (“Assignor”), and IREIT STEVENS POINT PINECREST, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
CONSENT TO SALE, ASSUMPTIONS AND SECOND LOAN MODIFICATION AGREEMENTLoan Modification Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS CONSENT TO SALE, ASSUMPTIONS AND SECOND LOAN MODIFICATION AGREEMENT ("Agreement" and the "Consent to Sale, Assumptions and Second Loan Modification Agreement") is made effective as of December 15, 2014 (the "Effective Date"), by and among KRG BRANSON HILLS, LLC, a Delaware limited liability company, formerly known as Inland Diversified Branson Hills, L.L.C. (the "Borrower"), KITE REALTY GROUP, L.P., a Delaware limited partnership (the "Guarantor"), IREIT BRANSON HILLS, L.L.C., a Delaware limited liability company (the "Replacement Borrower") and INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (the "Replacement Guarantor") (the Borrower, the Guarantor, the Replacement Borrower and the Replacement Guarantor are hereinafter each individually on a joint and several basis referred to as, a "Loan Party" and all collectively on a joint and several basis referred to as, the "Loan Parties") and PNC BANK, NATIONAL ASSOCIATION, a national banking association and its successors
OF LEASES AND SECURITY DEPOSITS LOT 4B IN THE SHOPPES AT BRANSON HILLS – BRANSON, MISSOURIAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG BRANSON HILLS IV, LLC, a Delaware limited liability company (“Assignor”), and IREIT BRANSON HILLS, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of December 15, 2014, by IREIT CONYERS HERITAGE, L.L.C., a Delaware limited liability company (“Borrower”) and INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Inland”; Borrower and Inland hereinafter referred to, individually and collectively, as the context may require, as “Indemnitor”), each having an address at 2901 Butterfield Road, Oak Brook, Illinois 60523, in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2011-C5, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-C5, having an address at c/o Midland Loan Services, 10851 Mastin, Suite 700, Overland Park, Kansas 66210 (together with its successors and assigns, “Indemnitee”) and the other Indemnified Parties (defined below).
OF LEASES AND SECURITY DEPOSITS HERITAGE SQUARE – CONYERS, GEORGIAAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG CONYERS HERITAGE, LLC, a Delaware limited liability company (“Assignor”), and IREIT CONYERS HERITAGE, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
OF LEASES AND SECURITY DEPOSITS THE SHOPPES AT BRANSON HILLS AND BRANSON HILLS PLAZA – BRANSON, MISSOURIAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG BRANSON HILLS, LLC, a Delaware limited liability company (“Assignor”), and IREIT BRANSON HILLS, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS SHOPPES AT PRAIRIE RIDGE – PLEASANT PRAIRIE, WISCONSINAssignment and Assumption • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND SECURITY DEPOSITS (“Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG PLEASANT PRAIRIE RIDGE, LLC, a Delaware limited liability company (“Assignor”), and IREIT PLEASANT PRAIRIE RIDGE, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
JOINDER AGREEMENTJoinder Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts • New York
THIS JOINDER AGREEMENT (the “Joinder”) is made as of December 15, 2014, by INLAND REAL ESTATE INCOME TRUST, INC., a Maryland corporation (the “Joinder Party”), having an address at 2901 Butterfield Road, Oak Brook, Illinois 60523 for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2011-C5, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2011-C5, having an address of c/o Midland Loan Services, 10851 Mastin, Suite 700, Overland Park, Kansas 66210 (“Lender”).
GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENTGeneral Assignment and Assumption Agreement • December 22nd, 2014 • Inland Real Estate Income Trust, Inc. • Real estate investment trusts
THIS GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is entered into as of the 15th day of December, 2014, by and between KRG PLEASANT PRAIRIE RIDGE, LLC, a Delaware limited liability company (“Assignor”), and IREIT PLEASANT PRAIRIE RIDGE, L.L.C., a Delaware limited liability company (“Assignee”). Reference is hereby made to that certain Purchase and Sale Agreement, dated September 16, 2014, by and among Assignor, certain affiliates of Assignor, and Inland Real Estate Income Trust, Inc., a Maryland corporation, as predecessor-in-interest to Assignee (the “Agreement”). Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in the Agreement.
