0001104659-07-084661 Sample Contracts

GUARANTY AGREEMENT
Guaranty Agreement • November 21st, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts

This GUARANTY AGREEMENT (this “Guaranty”) is made as of the 15th day of November, 2007, by BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (singly or collectively, “Guarantor”), in favor of BANK OF AMERICA, N.A., a national banking association (together with its successors and assigns, “Administrative Agent”), as Administrative Agent on behalf of itself and each lender from time to time made a party to the Loan Agreement (collectively, the “Lenders”).

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Construction Loan Agreement among THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company, as Borrower and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer and NATIONAL CITY BANK, as Syndication Agent and The Other Financial...
Construction Loan Agreement • November 21st, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Texas

THIS CONSTRUCTION LOAN AGREEMENT (“Agreement”) is made by and among each lender from time to time a party hereto (individually, a “Lender” and collectively, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association as Administrative Agent and L/C Issuer, NATIONAL CITY BANK, a national banking association, as Syndication Agent (“Syndication Agent”)(Administrative Agent and Syndication Agent are sometimes referred to herein, together, as “Agents”), and THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company (“Borrower”), who agree as follows:

ENVIRONMENTAL INDEMNITY AGREEMENT
Environmental Indemnity Agreement • November 21st, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri

THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), which is dated as of November 15, 2007, is executed by THE PRIVATE RESIDENCES, LLC, a Delaware limited liability company (“Borrower”), and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”), as a condition of, and to induce BANK OF AMERICA, N.A., a national banking association (“Administrative Agent”) and certain other lenders (collectively, the “Lenders”) now or hereafter made a party to the Loan Agreement (as herein defined) to make, a construction loan (the “Loan”) to Borrower evidenced or to be evidenced by a Promissory Note made by Borrower payable to the order of Administrative Agent in the face principal amount of $58,800,000.00 (the “Note”). The Loan is secured or to be secured by a Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (the “Deed of Trust”) dated of even date herewith encumbering certain real and personal property as therein described (collectively, the

ENVIRONMENTAL INDEMNITY AGREEMENT
Environmental Indemnity Agreement • November 21st, 2007 • Behringer Harvard Opportunity REIT I, Inc. • Real estate investment trusts • Missouri

THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), which is dated as of November 15, 2007, is executed by CHASE PARK PLAZA, LLC, a Delaware limited liability company (“Borrower”), and BEHRINGER HARVARD OPPORTUNITY REIT I, INC., a Maryland corporation (“Guarantor”), as a condition of, and to induce BANK OF AMERICA, N.A., a national banking association (“Administrative Agent”) and certain other lenders (collectively, the “Lenders”) now or hereafter made a party to the Loan Agreement (as herein defined) to make, a construction loan (the “Loan”) to Borrower evidenced or to be evidenced by a Promissory Note made by Borrower payable to the order of Administrative Agent in the face principal amount of $86,200,000.00 (the “Note”). The Loan is secured or to be secured by a Deed of Trust, Security Agreement, Fixture Filing and Financing Statement (the “Deed of Trust”) dated of even date herewith encumbering certain real and personal property as therein described (collectively, the “Prope

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