0000950123-11-015821 Sample Contracts

MARITIME HOTEL ASSOCIATES, L.P., as Borrower to FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, as Lender DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND FIXTURE FILING
Pebblebrook Hotel Trust • February 22nd, 2011 • Real estate investment trusts • California

THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF RENTS AND FIXTURE FILING (the “Security Instrument”) is made as of the 23rd day of February, 2007, by MARITIME HOTEL ASSOCIATES, L.P., having its chief executive office at 222 Kearny Street, Suite 200, San Francisco, California 94018 (hereinafter referred to as “Borrower”), to FIRST AMERICAN TITLE INSURANCE COMPANY having an address at 1 First American Way, Santa Ana, California 92707 (hereinafter referred to as “Trustee” for the benefit of WACHOVIA BANK, NATIONAL ASSOCIATION, having an address at Wachovia Bank, National Association, Commercial Real Estate Services, 8739 Research Drive URP 4, NC 1075, Charlotte, North Carolina 28262 (hereinafter referred to as “Lender”).

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ASSUMPTION AGREEMENT
Assumption Agreement • February 22nd, 2011 • Pebblebrook Hotel Trust • Real estate investment trusts

This Assumption Agreement (“Assumption Agreement”) is made this 16th day of February ____, 2011, by BANK OF AMERICA, N.A., as successor to Wells Fargo Bank, N.A., as Trustee for the Registered Holders of COBALT CMBS Commercial Mortgage Trust 2007-C2, Commercial Mortgage Pass-Through Certificates, Series 2007-C2 (“Noteholder”), MARITIME HOTEL ASSOCIATES, L.P., a California limited partnership (“Borrower”), KIMPTON DEVELOPMENT OPPORTUNITY FUND, L.P., a California limited partnership (“Original Guarantor”), WILDCATS OWNER LLC, a Delaware limited liability company (“Assumptor”), and PEBBLEBROOK HOTEL, L.P. , a Delaware limited partnership (“New Guarantor”).

UNITED STATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE HISTORIC PROPERTY LEASE —ooOoo— HASLETT WAREHOUSE at SAN FRANCISCO MARITIME NATIONAL HISTORIC PARK —ooOoo— HISTORIC LEASE NO. HL-SAFR001-98 Dated October 16, 2000
Lease • February 22nd, 2011 • Pebblebrook Hotel Trust • Real estate investment trusts

THIS LEASE is made and entered into effective as of October 16, 2000, by and between the United States Department of the Interior, National Park Service acting through the Regional Director, Pacific West Region, an agency of the United States of America (“Lessor”) and Maritime Hotel Associates, L.P., a California limited partnership whose General Partner is Hyde Street Hospitality, Inc a wholly-owned subsidiary of the Kimpton Hotel & Restaurant Group, Inc, a California corporation (“Lessee”).

ELEVENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-00)
Eleventh Amendment • February 22nd, 2011 • Pebblebrook Hotel Trust • Real estate investment trusts

THIS ELEVENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-00) (“Eleventh Amendment”), effective as of February 16, 2011 (the “Eleventh Amendment Effective Date”), is made and entered into by and between the United States Department of the Interior, National Park Service acting through the Regional Director, Pacific West Region, an agency of the United States of America (“Lessor”) and Wildcats Owner LLC, a Delaware limited liability company (“Lessee”).

SEVENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-98)
Pebblebrook Hotel Trust • February 22nd, 2011 • Real estate investment trusts

THIS SEVENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-98) (“Seventh Amendment”) is made and entered into effective as of 12:00 (noon) Pacific Standard Time February 6, 2001, by and between the United States Department of the Interior, National Park Service acting through the Regional Director, Pacific West Region, an agency of the United States of America (“Lessor”) and Maritime Hotel Associates, L.P., a California limited partnership whose General Partner is Hyde Street Hospitality, Inc a wholly-owned subsidiary of the Kimpton Hotel & Restaurant Group, Inc, a California corporation (“Lessee”).

TENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-00)
Pebblebrook Hotel Trust • February 22nd, 2011 • Real estate investment trusts

THIS TENTH AMENDMENT TO HISTORIC LEASE (HL-SAFR001-00) (“Tenth Amendment”), dated for reference purposes December 9, 2008 and retroactively effective as of September 18, 2008, is made and entered into by and between the United States Department of the Interior, National Park Service acting through the Regional Director, Pacific West Region, an agency of the United States of America (“Lessor”) and Maritime Hotel Associates, L.P., a California limited partnership whose General Partner is Hyde Street Hospitality, LLC, a wholly-owned subsidiary of Kimpton Group Holding LLC, a Delaware limited liability company (“Lessee”).

ASSIGNMENT AND ASSUMPTION OF HISTORIC LEASE (HL-SAFR001-00)
Pebblebrook Hotel Trust • February 22nd, 2011 • Real estate investment trusts

This Assignment and Assumption of Historic Lease (HL-SAFR001-00) (this “Agreement”) is made and entered into as of February 16, 2011 (the “Effective Date”) by and among UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, ACTING THROUGH THE REGIONAL DIRECTOR, PACIFIC WEST REGION, AN AGENCY OF THE UNITED STATES OF AMERICA (“Lessor”), MARITIME HOTEL ASSOCIATES, L.P., a California limited partnership (“Assignor”), and WILDCATS OWNER LLC, a Delaware limited liability company (“Assignee”).

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