MASTER REPURCHASE AND SECURITIES CONTRACT ACRC LENDER W LLC as Seller and WELLS FARGO BANK, NATIONAL ASSOCIATION as Buyer Dated as of December 14, 2011Master Repurchase and Securities Contract • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS MASTER REPURCHASE AND SECURITIES CONTRACT, dated as of December 14, 2011 (this "Agreement"), is made by and between ACRC LENDER W LLC, a Delaware limited liability company ("Seller") and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (as more specifically defined below, "Buyer"). Seller and Buyer (each a "Party") hereby agree as follows:
CUSTODIAL AGREEMENT among ACRC LENDER C LLC as Borrower, CITIBANK, N.A. as Lender, and U.S. BANK NATIONAL ASSOCIATION, as Custodian Dated as of December 8, 2011Custodial Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS CUSTODIAL AGREEMENT (as amended and supplemented from time to time, the "Agreement") dated as of this 8th day of December, 2011, by and among ACRC LENDER C LLC (the "Borrower"), CITIBANK, N.A. (the "Lender"), and U.S. BANK NATIONAL ASSOCIATION, as custodian for the Lender (in such capacity, the "Custodian").
INTERIM SERVICING AGREEMENT among CITIBANK, N.A., "Lender" ACRC LENDER C LLC "Owner" and ARES COMMERCIAL REAL ESTATE SERVICER LLC, "Servicer" and "Special Servicer" Dated as of December 8, 2011Interim Servicing Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS INTERIM SERVICING AGREEMENT ("Agreement") dated as of December 8, 2011, is among Citibank, N.A., a national banking association ("Lender"), ACRC LENDER C LLC, a Delaware limited liability company ("Owner") and ARES COMMERCIAL REAL ESTATE SERVICER LLC, a Delaware limited liability company ("Servicer" and "Special Servicer", as the case may be).
DEPOSIT ACCOUNT CONTROL AGREEMENTAccount Control Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
This Agreement is entered into as of December 8, 2011, among ACRC LENDER C LLC, a Delaware limited liability company ("Company"), CITIBANK, N.A. ("Lender") and Bank of America, N.A. ("Bank") with respect to the following:
MASTER LOAN AND SECURITY AGREEMENTSecurity Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
MASTER LOAN AND SECURITY AGREEMENT, dated as of December 8, 2011 between ACRC LENDER C LLC, a Delaware limited liability company ("Borrower"), and CITIBANK, N.A., a national banking association ("Lender").
NOTEAres Commercial Real Estate Corp • April 17th, 2012 • Real estate investment trusts
This Note is the Note referred to in the Master Loan and Security Agreement dated as of December 8, 2011 (as amended, supplemented or otherwise modified and in effect from time to time, the "Loan Agreement") between Borrower and Lender, and evidences Loans made by Lender thereunder. Terms used but not defined in this Note have the respective meanings assigned to them in the Loan Agreement.
GUARANTY AGREEMENTGuaranty Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
GUARANTY, dated as of December 8, 2011 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this "Guaranty") is made and entered upon the terms hereinafter set forth by ACRC HOLDINGS LLC, a Delaware limited liability company, whose address is c/o Ares Management LLC, 2 North LaSalle Street, Suite 925, Chicago, IL 60602, (together with its permitted successors and/or assigns, "Guarantor"), in favor of CITIBANK, N.A., a national banking association, whose address is 388 Greenwich Street, New York, New York 10013 (together with its successors and/or assigns, "Lender"), pursuant to that certain Master Loan and Security Agreement by and among ACRC Lender C LLC ("Borrower"), as borrower, and Lender, as lender, dated as of the date hereof (as amended, restated, supplemented or otherwise modified and in effect from time to time, the "Loan Agreement").
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
PLEDGE AND SECURITY AGREEMENT (this "Agreement") dated as of December 8, 2011 by ACRC LENDER LLC, a Delaware limited liability company (together with its permitted successors and/or assigns, "Pledgor"), for the benefit of CITIBANK, N.A. (together with its successors and/or assigns, "Lender").
PLEDGE AGREEMENTPledge Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
PLEDGE AGREEMENT, dated as of December 14, 2011, made by ACRC LENDER LLC, a Delaware limited liability company ("Pledgor") in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Secured Party").
CONTROLLED ACCOUNT AGREEMENT (WATERFALL ACCOUNT)Account Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
CONTROLLED ACCOUNT AGREEMENT (WATERFALL ACCOUNT) (this "Agreement") is entered into as of December 14, 2011 by and between ACRC Lender W LLC, ("Debtor"), Wells Fargo Bank, National Association, as secured party (in such capacity, "Secured Party"), and Wells Fargo Bank, National Association, a national banking association, as depository bank ("Bank") with respect to the following:
GUARANTEE AGREEMENTGuarantee Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
GUARANTEE AGREEMENT, dated as of December 14, 2011 (as amended, restated, supplemented, or otherwise modified from time to time, this "Guarantee"), made by ACRC HOLDINGS LLC, a Delaware limited liability company ("Guarantor") having its principal place of business c/o Ares Management LLC, 2 North LaSalle Street, 9th Floor, Chicago, IL 60602, in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association ("Buyer") and any of its parent, subsidiary or affiliated companies (collectively, "Beneficiary").
CUSTODIAL AGREEMENT among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Buyer, ACRC LENDER W LLC, as Seller, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Custodian Dated as of December 14, 2011Custodial Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
This CUSTODIAL AGREEMENT, dated as of December 14, 2011 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this "Agreement") is made by and among:
INTERIM SERVICING AGREEMENT among WELLS FARGO BANK, NATIONAL ASSOCIATION, "Buyer" ACRC LENDER W LLC, "Seller" and ARES COMMERCIAL REAL ESTATE SERVICER LLC, "Servicer" and "Special Servicer" Dated as of December 14, 2011Interim Servicing Agreement • April 17th, 2012 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York
THIS INTERIM SERVICING AGREEMENT ("Agreement") dated as of December 14, 2011, is among Wells Fargo Bank, National Association, a national banking association ("Buyer"), ACRC LENDER W LLC, a Delaware limited liability company ("Seller"), and ARES COMMERCIAL REAL ESTATE SERVICER LLC, a Delaware limited liability company ("Servicer" and "Special Servicer", as the case may be).
