SECOND MEZZANINE LOAN AGREEMENT Dated as of February 28, 2006 By and Between 415 GREENWICH MEZZANINE OWNER LLC, as Borrower, and AIG MORTGAGE CAPITAL, LLC, as LenderSecond Mezzanine Loan Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS SECOND MEZZANINE LOAN AGREEMENT, dated as of February 28, 2006 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and between 415 GREENWICH MEZZANINE OWNER LLC, a Delaware limited liability company (“Borrower”), having its principal place of business at 155 East 55th Street, Suite 6D, New York, New York 10022, and AIG MORTGAGE CAPITAL, LLC, a Delaware limited liability company, having an address at 1999 Avenue of the Stars, 38th Floor, Los Angeles, California 90067 (“Lender”).
OMNIBUS ASSIGNMENTOmnibus Assignment • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS OMNIBUS ASSIGNMENT (this “Assignment”), made as of the 18th day of July, 2006, by AIG MORTGAGE CAPITAL, LLC, a Delaware limited liability company, having an address at 1999 Avenue of the Stars, 38th Floor, Century City, Los Angeles, California 90067 (“Assignor”) to KBS TRIBECA SUMMIT, LLC, a Delaware limited liability company, having an address of 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660 (“Assignee”);
AMENDMENT NO. 2 TO ADVISORY AGREEMENTAdvisory Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 2 to that certain Advisory Agreement dated as of November 8, 2005 (the “Advisory Agreement”) between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of August 8, 2006 (the “Amendment”). This Amendment supersedes and replaces Amendment No. 1 to the Advisory Agreement dated as of July 18, 2006. Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
Dated as of: July 18, 2006 Between KBS TRIBECA SUMMIT, LLC, a Delaware limited liability company, as Seller and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC, as BuyerMaster Repurchase Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
MORTGAGE and ABSOLUTE ASSIGNMENT OF RENTS AND LEASES and SECURITY AGREEMENT (AND FIXTURE FILING)Security Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
The parties to this MORTGAGE AND ABSOLUTE ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (AND FIXTURE FILING) (“Mortgage”), dated as of July 6, 2006, are KBS SABAL PAVILION, LLC, a Delaware limited liability company (“Mortgagor”), with an office at c/o KBS REIT Acquisition II, LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92663, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation (“MERS” or “Mortgagee”), with a mailing address at MERS Commercial, P.O. Box 2300, Flint, Michigan 48501-2300.
PURCHASE AND SALE AGREEMENT by and between THF PLAZA OFFICE, L.L.C., a Missouri limited liability company and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company Effective Date: May 2, 2006Purchase and Sale Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made to be effective as of May , 2006, by and between THF PLAZA OFFICE, L.L.C., a Missouri limited liability company (“Seller”), and KBS CAPITAL ADVISORS, LLC., a Delaware limited liability company (“Buyer”).
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made as of the 18th day of July, 2006, between AIG MORTGAGE CAPITAL, LLC, a Delaware limited liability company, having an address at 1999 Avenue of the Stars, 38th Floor, Century City, Los Angeles, California 90067 (“Prior Second Mezzanine Lender”), and KBS TRIBECA SUMMIT, LLC, a Delaware limited liability company, having an address 620 Newport Center Drive, Suit 1300, Newport Beach, California, 92660 (“New Second Mezzanine Lender”).
MEZZANINE LOAN AGREEMENT between KBS REIT ACQUISITION II, LLC, a Delaware limited liability company and Wells Fargo Bank, National Association Entered into as of July 6, 2006Mezzanine Loan Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • California
THIS MEZZANINE LOAN AGREEMENT (“Agreement”) is entered into as of July 6, 2006, by and between KBS REIT ACQUISITION II, LLC, a Delaware limited liability company (“Borrower”), and Wells Fargo Bank, National Association (“Lender”).
AMENDMENT NO. 1 TO ADVISORY AGREEMENTAdvisory Agreement • August 14th, 2006 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 1 to the Advisory Agreement, dated as of November 8, 2005 (the “Advisory Agreement”), between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of July 18, 2006 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
