0001057436-13-000015 Sample Contracts

FIRST MODIFICATION OF SUBORDINATE DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING
Trust, Security Agreement and Fixture Filing • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois

THIS FIRST MODIFICATION OF SUBORDINATE DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING (this “Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013 (the “Effective Date”), by SHR St. Francis, L.L.C., a Delaware limited liability company (“Affiliated Guarantor”), DTRS St. Francis, L.L.C., a Delaware limited liability company (“Operating Lessee”) and Metropolitan Life Insurance Company, a New York corporation (“Lender”), with reference to the following facts and circumstances:

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FIRST AMENDMENT TO GUARANTY
Guaranty • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • California

This First Amendment to Guaranty (“Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013, by and between Strategic Hotel Funding, L.L.C., a Delaware limited liability company (“Guarantor”) and Metropolitan Life Insurance Company, a New York corporation (“Beneficiary”) with reference to the following facts:

FIRST MODIFICATION OF SUBORDINATE MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING
Security Agreement and Fixture Filing • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois

THIS FIRST MODIFICATION OF SUBORDINATE MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING (this “Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013 (the “Effective Date”), by SHC Columbus Drive, LLC, a Delaware limited liability company (“Affiliated Guarantor”), DTRS Columbus Drive, LLC, a Delaware limited liability company (“Operating Lessee”) and Metropolitan Life Insurance Company, a New York corporation (“Lender”), with reference to the following facts and circumstances:

FIRST AMENDMENT TO AFFILIATED GUARANTY
Affiliated Guaranty • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • California

This First Amendment to Affiliated Guaranty (“Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013, by and between SHR St. Francis, L.L.C., a Delaware limited liability company (“Affiliated Guarantor”) and Metropolitan Life Insurance Company, a New York corporation (“Lender”) with reference to the following facts:

FIRST AMENDMENT TO AFFILIATED GUARANTY
Affiliated Guaranty • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois

This First Amendment to Affiliated Guaranty (“Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013, by and between SHC Columbus Drive, LLC, a Delaware limited liability company (“Affiliated Guarantor”) and Metropolitan Life Insurance Company, a New York corporation (“Beneficiary”) with reference to the following facts:

FIRST MODIFICATION OF DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING, PROMISSORY NOTE AND OTHER LOAN DOCUMENTS
Security Agreement and Fixture Filing • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois
FIRST AMENDMENT TO GUARANTY
Guaranty • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois

This First Amendment to Guaranty (“Amendment”) is dated as of September 9, 2013, and effective as of September 1, 2013, by and between Strategic Hotel Funding, L.L.C., a Delaware limited liability company (“Guarantor”) and Metropolitan Life Insurance Company, a New York corporation (“Lender”) with reference to the following facts:

BARCLAYS BANK PLCas Original Lender BARCLAYS BANK PLCas Security Agent LOMAR HOTEL COMPANY LIMITEDas Guarantor BANIAN FINANCE S.À.R.L.as Borrower AMENDMENT AND RESTATEMENT AGREEMENT in respect of a facility agreement in relation to a revolving loan of...
Amendment and Restatement Agreement • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts

If the Commencement Date has not occurred by or on 31 July 2013 this Agreement shall be of no further effect save for Clause 6 (Fees ), Clause 7.2 (Expenses ) and Clause 9 (Law and jurisdiction).

FIRST MODIFICATION OF MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING, PROMISSORY NOTE AND OTHER LOAN DOCUMENTS
First Modification of Mortgage, Security Agreement • November 12th, 2013 • Strategic Hotels & Resorts, Inc • Real estate investment trusts • Illinois

THIS FIRST MODIFICATION OF MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING, PROMISSORY NOTE AND OTHER LOAN DOCUMENTS (this “Modification Agreement”) is dated as of September 9, 2013, and effective as of September 1, 2013 (the “Effective Date”), by and among METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (“Lender”), and SHC COLUMBUS DRIVE, LLC, a Delaware limited liability company (“Borrower”) and DTRS COLUMBUS DRIVE, LLC, a Delaware limited liability company (“Operating Lessee”), with reference to the following facts:

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