RECOURSE LIABILITIES GUARANTY (Brookridge Heights)Recourse Liabilities Guaranty • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the sufficiency of which is hereby acknowledged, the undersigned, CNL HEALTHCARE TRUST, INC., a Maryland corporation (whether one or more, hereinafter together called “Guarantor” in the singular) absolutely guarantees and agrees to pay to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (hereinafter called “Lender”) at the address designated in the Instrument (as hereinafter defined) for payment thereof or as such address may be changed as provided in the Instrument, all limited and full recourse indebtedness of CHT BROOKRIDGE HEIGHTS MI OWNER, LLC, a Delaware limited liability company (“Owner”), and CHT BROOKRIDGE HEIGHTS MI TENANT CORP., a Delaware corporation (“Operator”, and together with Owner, “Borrower”), under Sections 8.01 and 8.02 of the Loan Agreement (defined below), together with all interest, attorneys’ fees and collection costs provided for herein (all such indebtedness is hereinafter called the “Recourse Liabilities”), which obligations of Borrower under
CHT BROOKRIDGE HEIGHTS MI OWNER, LLC and CHT BROOKRIDGE HEIGHTS MI TENANT CORP., as mortgagor (Borrower) to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, as mortgagee (Lender) MORTGAGE AND SECURITY AGREEMENT (Brookridge Heights – First)Mortgage and Security Agreement • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts • Michigan
THIS MORTGAGE AND SECURITY AGREEMENT (this “Instrument”) is made as of the 21st day of December, 2012, by CHT BROOKRIDGE HEIGHTS MI OWNER, LLC, a Delaware limited liability company, having its principal place of business at c/o CNL Healthcare Trust, Inc., 450 South Orange Avenue, Orlando, Florida 32801 (“Owner”), and CHT BROOKRIDGE HEIGHTS MI TENANT CORP., a Delaware corporation, having its principal place of business at c/o CNL Healthcare Trust, Inc., 450 South Orange Avenue, Orlando, Florida 32801 (“Operator”, and together with Owner, “Borrower”), as mortgagor, to THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, having an office at c/o Prudential Asset Resources, Inc., 2100 Ross Avenue, Suite 2500, Dallas, Texas 75201, Attention: Asset Management Department; Reference Loan No. 706109031, as mortgagee (“Lender”).
PARTIAL RECOURSE GUARANTYPartial Recourse Guaranty • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, and in accordance with the terms provided below, the undersigned, CNL HEALTHCARE TRUST, INC., a Maryland corporation (“Guarantor”), agrees for the benefit of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”), pursuant to the terms of this Partial Recourse Guaranty (this “Guaranty”) to guarantee the payment of the Guaranteed Amount (as defined below) of the outstanding Pool Obligations (as defined below).
Schedule of Omitted Documents of CNL Healthcare Properties, Inc.Security Agreement • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts
The following lease agreements were not filed as exhibits to Post-effective Amendment No. 1 filed with the Commission on February 28, 2012 pursuant to Instruction 2 of Item 601 of Regulation S-K. These documents are substantially identical in all material respects to Exhibit 10.8 to said amendment.
PROMISSORY NOTE (Brookridge Heights)CNL Healthcare Properties, Inc. • January 18th, 2013 • Real estate investment trusts
FOR VALUE RECEIVED, CHT BROOKRIDGE HEIGHTS MI OWNER, LLC, a Delaware limited liability company (“Owner”) and CHT BROOKRIDGE HEIGHTS MI TENANT CORP., a Delaware corporation (“Operator”, and together with Owner, “Borrower”), promise to pay to the order of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation (“Lender”, which shall also mean successors and assigns who become holders of this Note), at 2100 Ross Avenue, Suite 2500, Dallas, Texas 75201, the principal sum of EIGHT MILLION ONE HUNDRED EIGHTY-ONE THOUSAND THREE HUNDRED AND NO/100 U.S. DOLLARS ($8,181,300.00), with interest on the unpaid balance (the “Balance”) at the applicable rate or rates set forth in the Loan Agreement (defined below) from and including the Funding Date (as defined in the Loan Agreement) under this Promissory Note (this “Note”) until Maturity, and to be paid in accordance with the terms of this Note and that certain Loan Agreement dated as of the date hereof by and among Borrower, the Relate
PURCHASE AND SALE AGREEMENT by and among CHT SL IV HOLDING, LLC, a Delaware limited liability company, and HEALTH CARE REIT, INC., a Delaware corporation, December 18, 2012Purchase and Sale Agreement • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is dated as of the 18th day of December, 2012, by and among CHT SL IV Holding, LLC, a Delaware limited liability company (“Seller”), and Health Care REIT, Inc., a Delaware corporation (“Purchaser”). Certain capitalized terms used herein are defined in Section 1.01.
LOAN AGREEMENT Dated as of December 21, 2012 among CHT Brookridge Heights MI Owner, LLC, CHT Brookridge Heights MI Tenant Corp., CHT Curry House MI Owner, LLC, CHT Curry House MI Tenant Corp., CHT Symphony Manor MD Owner, LLC, CHT Symphony Manor MD...Loan Agreement • January 18th, 2013 • CNL Healthcare Properties, Inc. • Real estate investment trusts • Maryland
THIS LOAN AGREEMENT (this “Agreement”) is made as of the 21st day of December, 2012, by and among CHT Brookridge Heights MI Owner, LLC, a Delaware limited liability company (“CHT Brookridge”), CHT Brookridge Heights MI Tenant Corp., a Delaware corporation (“CHT Brookridge Tenant”), CHT Curry House MI Owner, LLC, a Delaware limited liability company (“CHT Curry”), CHT Curry House MI Tenant Corp., a Delaware corporation (“CHT Curry Tenant”), CHT Symphony Manor MD Owner, LLC, a Delaware limited liability company (“CHT Symphony”), CHT Symphony Manor MD Tenant Corp., a Delaware corporation (“CHT Symphony Tenant”), CHT Tranquility at Fredericktowne MD Owner, LLC, a Delaware limited liability company (“CHT Fredericktowne”), CHT Tranquility at Fredericktowne MD Tenant Corp., a Delaware corporation (“CHT Fredericktowne Tenant”), CHT Woodholme Gardens MD Owner, LLC, a Delaware limited liability company (“CHT Woodholme”), CHT Woodholme Gardens MD Tenant Corp., a Delaware corporation (“CHT Woodhol
