FIXED RATE NOTEDividend Capital Total Realty Trust Inc. • February 16th, 2007 • Real estate investment trusts
FOR VALUE RECEIVED, TRT ALLIANCE DIEHL LLC, a Delaware limited liability company (“Borrower”), 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, 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 TWENTY-ONE MILLION THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($21,300,000.00), 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 defined) at all times prior to the occurrence of an Event of Default (as defined in the Security Instrument [hereinafter defined]), and to be paid in installments as s
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Property Management Agreement (the “Agreement”) made as of the 8th day of December, 2006, by and between DCT Silver Springs LLC, a Delaware limited liability company, (“Owner”), and The Flynn Company, a Pennsylvania corporation (“Property Manager”).
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAssignment and Assumption of Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Assignment and Assumption of Agreement of Purchase and Sale and Joint Escrow Instructions (“Assignment”) is entered into by and between DCT INDUSTRIAL OPERATING PARTNERSHIP LP, a Delaware limited partnership (“Assignor”) and TRT-DCT HANSON WAY LP, a Delaware limited partnership(“Assignee”), dated effective as of December , 2006 (the “Effective Date”).
ASSIGNMENT AND ASSUMPTION OF REAL ESTATE CONTRACTAssignment and Assumption of Real Estate Contract • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
DCT INDUSTRIAL OPERATING PARTNERSHIP LP (“Assignor”), as Buyer under that certain Sale and Purchase Agreement dated as of November 1, 2006 (the “Agreement”), by and between Assignor and MID-ATLANTIC (PENCADER) INDUSTRIAL L.L.C., a Delaware limited liability company (the “Sellers”), hereby assigns all of its right, title, interest and obligations in to and under the Agreement to TRT-DCT PENCADER LLC, a Delaware limited liability company (“Assignee”), and Assignee hereby assumes all such right, title, interest and obligations set forth in the Agreement. This Assignment shall not relieve Assignor of its obligations under the Agreement.
MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Texas
THIS MANAGEMENT AND LEASING AGREEMENT made as of this 5 day of January, 2007, by and between TRT HEB Marketplace LP a Delaware limited partnership (“Owner”), and Weitzman Management Corporation, d/b/a CENCOR REALTY SERVICES, INC., a Texas corporation, d/b/a The Weitzman Group whose principal place of business is 3102 Maple Avenue, Suite 500, Dallas, Texas, 75201 (“Property Manager”) and THE WEITZMAN GROUP, INC., a Texas corporation, whose principal place of business is 3102 Maple Avenue, Suite 350, Dallas, Texas, 75201 (“Weitzman”).
AGREEMENT OF PURCHASE AND SALE between NewTower Trust Company, a Maryland chartered trust company, as successor to Riggs National Bank of Washington D.C., as Trustee of the NewTower Trust Company Multi-Employer Property Trust, a collective investment...Agreement of Purchase and Sale • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Agreement, dated as of December 26, 2006, is between NewTower Trust Company, a Maryland chartered trust company, as successor to Riggs National Bank of Washington D.C., as Trustee of the NewTower Trust Company Multi-Employer Property Trust, a collective investment fund operating under 12 C.F.R. Section 9.18 (“Seller”), and the undersigned buyer (“Buyer”).
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Illinois
THIS PROPERTY MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of January 24, 2007, between TRT Alliance Skokie, LLC, a Delaware limited liability company (hereafter referred to as “Owner”), and Jones Lang LaSalle Americas (Illinois) L.P., an Illinois limited partnership (hereinafter referred to as “Property Manager”);
PURCHASE, SALE AND LEASEBACK AGREEMENTPurchase, Sale and Leaseback Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Texas
True and complete copies of the following documents which are in Seller’s or Seller’s property manager’s possession or control:
SALE AND PURCHASE AGREEMENTSale and Purchase Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS SALE AND PURCHASE AGREEMENT (“Agreement”) is made between MID-ATLANTIC (PENCADER) INDUSTRIAL CORPORATION, a Maryland corporation (“Seller”), and DCT INDUSTRIAL OPERATING PARTNERSHIP LP, a Delaware limited partnership (“Buyer”), CHICAGO TITLE INSURANCE COMPANY (“Escrow Agent”) joins in this Agreement for the purposes set forth below. The effective date of this Agreement (the “Effective Date”) shall be the date on which the last of the Seller or Buyer sign this Agreement below.
CONTRIBUTION AND INVESTMENT AGREEMENTContribution and Investment Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS CONTRIBUTION AND INVESTMENT AGREEMENT (this “Agreement”), dated as of December 8, 2006, by and among TRT INDUSTRIAL FUND I LLC (“TRT Partner”), DCT INDUSTRIAL FUND II LLC (“DCT Partner”), DCT INDUSTRIAL OPERATING PARTNERSHIP LP (“DCTIOP”), TRT-DCT INDUSTRIAL JV I GENERAL PARTNERSHIP (the “Partnership”) and DCTIOP as the sole member on behalf of those certain entities listed on Exhibit A-1 (each a “DCT Affiliate”, and, together with DCT Partner and DCTIOP collectively the “DCT Parties” or “Contributor”).
ASSIGNMENT OF PURCHASE, SALEAND LEASEBACK AGREEMENTAssignment of Purchase • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • California
THIS ASSIGNMENT OF PURCHASE, SALE AND LEASEBACK AGREEMENT (this “Assignment”) is made and entered into as of December 15, 2006 (the “Assignment Date”), by and between WESTCORE PROPERTIES AC, LLC, a Delaware limited liability company (“Assignor”), and WESTCORE SHILOH, LLC, a Delaware limited liability company (“Assignee”).
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Property Management Agreement (the “Agreement”) made as of the 5th day of December, 2006, by and between TRT-DCT Hanson Way LP, a Delaware limited partnership (“Owner”), and CB RICHARD ELLIS, INC., a Delaware corporation (“Property Manager”).
SALE AND PURCHASE AGREEMENTSale and Purchase Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS SALE AND PURCHASE AGREEMENT (“Agreement”) is made between BOULEVARD 40 OFFICE L.L.C. (“Seller”), and ALLIANCE COMMERCIAL PARTNERS, LLC, a Colorado limited liability company (“Buyer”). FIRST AMERICAN TITLE INSURANCE COMPANY (“Escrow Agent”) joins in this Agreement for the purposes set forth below. The effective date of this Agreement (the “Effective Date”) shall be the date on which the last of Seller or Buyer sign this Agreement below.
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
On , 2006 before me, , a Notary Public in and for said State, personally appeared Richard Gee, personally known (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
CONTRIBUTION AND INVESTMENT AGREEMENT Between TRT INDUSTRIAL FUND I LLC DCT INDUSTRIAL FUND II LLC TRT-DCT INDUSTRIAL JVI GENERAL PARTNERSHIP and DCT INDUSTRIAL OPERATING PARTNERSHIP LP Dated as of December 8, 2006Contribution and Investment Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS CONTRIBUTION AND INVESTMENT AGREEMENT (this “Agreement”), dated as of December 8, 2006, by and among TRT INDUSTRIAL FUND I LLC (“TRT Partner”), DCT INDUSTRIAL FUND II LLC (“DCT Partner”), DCT INDUSTRIAL OPERATING PARTNERSHIP LP (“DCTIOP”), TRT-DCT INDUSTRIAL JV I GENERAL PARTNERSHIP (the “Partnership”) and DCTIOP as the sole member on behalf of those certain entities listed on Exhibit A-1 (each a “DCT Affiliate”, and, together with DCT Partner and DCT Leasing collectively the “DCT Parties” or “Contributor”).
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Illinois
THIS PROPERTY MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of February 1, 2007, between TRT Alliance Diehl, LLC a Delaware limited liability company, (hereafter referred to as “Owner”), and HP Office Management EW, LLC, an Illinois limited liability company, (hereinafter referred to as “Property Manager”).
REAL ESTATE PURCHASE AND SALE AGREEMENT PRINCIPAL LIFE INSURANCE COMPANY, an Iowa corporation, for its Principal U.S. Property Separate Account, formerly known as Principal Life Insurance Company, an Iowa corporation, for its Real Estate Separate...Real Estate Purchase and Sale Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
Please be advised that effective , 200 , Principal Life Insurance Company has sold the above-referenced project to . Effective , 200 , all future rental payments should be sent to the following:
