PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Property Management Agreement (the “Agreement”) made as of the 16th day of October, 2006, by and between TRT Rickenbacker LLC, a Delaware limited liability company (“Owner”), and Pizzuti Management LLC, an Ohio limited liability company (“Property Manager”).
PURCHASE AND SALE AGREEMENT Between DCT MN VALLEY LLC and TRT MINNESOTA VALLEY III LLC Dated as of October 31, 2006Purchase and Sale Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of October 31, 2006, by and between DCT MN VALLEY LLC, a Delaware limited liability company (“Seller”) and TRT MINNESOTA VALLEY III LLC, a Delaware limited liability company (“Buyer”).
PURCHASE, SALE AND LEASEBACK AGREEMENTPurchase, Sale and Leaseback Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • California
Flextronics International USA, Inc., a California corporation (“Seller”), agrees to sell and convey to Westcore Properties AC, LLC, a Delaware limited liability company (“Purchaser”), and Purchaser agrees to buy, upon the terms and conditions hereof, that certain tract of land consisting of approximately 8.86 acres, now known as and numbered 2241, 2243, and 2245 Lundy Avenue, San Jose, Santa Clara County, California (the “Land”), as more particularly described on Exhibit A attached hereto and made a part hereof, along with all rights, privileges, and appurtenances relating or pertaining thereto, including, without limitation, the following:
MASTER REPURCHASE AGREEMENT Dated as of October 26, 2006 among DCTRT SECURITIES HOLDCO LLC and TRT LENDING LLC, as Sellers, and JPMORGAN CHASE BANK, N.A., as BuyerMaster Repurchase Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
MASTER REPURCHASE AGREEMENT, dated as of October 26, 2006, by and among DCTRT SECURITIES HOLDCO LLC a Delaware limited liability company, TRT LENDING LLC, a Delaware limited liability company (each, a “Seller” with respect to the Eligible Assets that it sells to Buyer, and together, the “Sellers”) and JPMORGAN CHASE BANK, N.A., a banking association organized under the laws of the United States (the “Buyer”).
AGREEMENT OF SALEAgreement of Sale • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Pennsylvania
This AGREEMENT OF SALE is made this 23rd day of June, 2006, between BRANDYWINE OPERATING PARTNERSHIP, L.P. having its principal office at 401 Plymouth Road, Suite 500, Plymouth Meeting, PA 19462 (“Seller”), and BALA POINTE OWNER LP, a Delaware limited partnership, having a principal office c/o Dividend Capital Total Realty Trust, 7 Times Square, Suite 3503, New York, New York 10036 (“Buyer”).
GUARANTEE AGREEMENTGuarantee Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
GUARANTEE AGREEMENT, dated as of October 26, 2006 (as amended, restated, supplemented, or otherwise modified from time to time, this “Guarantee”), made by DIVIDEND CAPITAL TOTAL REALTY TRUST INC., a Maryland corporation having its principal place of business at 518 Seventeenth Street, 17th Floor, Denver, Colorado 80202 and DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership having its principal place of business at 518 Seventeenth Street, 17th Floor, Denver, Colorado 80202 (each, a “Guarantor”), in favor of the Buyer referred to below.
MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Pennsylvania
This MANAGEMENT AND LEASING AGREEMENT (“Agreement”) is effective as of the 28th day of August, 2006, and is made by and between BALA POINTE OWNER LP (“Owner”), and AMERIMAR BALA POINTE MANAGEMENT CO., INC. (“Agent”).
ASSIGNMENT OF PURCHASE, SALE AND LEASEBACK AGREEMENTAssignment of Purchase, Sale and Leaseback Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • California
THIS ASSIGNMENT OF PURCHASE, SALE AND LEASEBACK AGREEMENT (this “Assignment”) dated as of September 20, 2006 (the “Assignment Date”), is made by and between WESTCORE PROPERTIES AC, LLC, a Delaware limited liability company (“Assignor”), and WESTCORE LUNDY, LLC, a Delaware limited liability company (“Assignee”).
PROMISSORY NOTEDividend Capital Total Realty Trust Inc. • November 14th, 2006 • Real estate investment trusts
FOR VALUE RECEIVED, BALA POINTE OWNER LP, a Delaware limited partnership, as maker, having its principal place of business at 111 Presidential Blvd., Bala Cynwyd, Pennsylvania 19004 (“Borrower”), hereby unconditionally promises to pay to the order of BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, as payee, having an address at 383 Madison Avenue, New York, New York 10179 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of TWENTY FOUR MILLION AND 00/100 DOLLARS ($24,000,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (as hereinafter defined):
