PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings • Missouri
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of September 19, 2007 (the “Effective Date”), is made by and between SEVENS ST. LOUIS L.L.C., a Delaware limited liability company (“Seller”), and TRIPLE NET LLC, a Virginia limited liability company (“Purchaser”).
THIS DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES AND FUTURE OBLIGATIONS AND IS TO BE GOVERNED BY SECTION 443.055 REVISED STATUTES OF MISSOURI. $23,500,000.00 IS THE TOTAL PRINCIPAL AMOUNT OF ALL OBLIGATIONS WHICH ARE SECURED HEREBY.Deed of Trust and Security Agreement • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings • Missouri
This Deed of Trust, Security Agreement and Fixture Filing (this “Deed of Trust”) is executed as of October 25, 2007, by NNN VF 7777 BONHOMME AVENUE, LLC, a Delaware limited liability company (“Grantor”), whose address for notice hereunder is c/o Triple Net Properties, LLC, 1551 N. Tustin, Suite 200, Santa Ana, California 92705, to STEVEN M. LEIGH, Trustee (“Trustee”), whose address is c/o Martin Leigh Laws & Fritzlen, PC, 1044 Main, Suite 900, Kansas City, MO 64105, for the benefit of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Beneficiary”), whose address for notice is 16479 Dallas Parkway, Suite 500, Two Bent Tree Tower, Addison, Texas 75001-2512.
HAZARDOUS MATERIALS INDEMNITY AGREEMENTHazardous Materials Indemnity Agreement • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings • Missouri
THIS HAZARDOUS MATERIALS INDEMNITY AGREEMENT (the “Agreement”) is made as of October 25, 2007, by NNN VF 7777 BONHOMME AVENUE, LLC, a Delaware limited liability company, and NNN 2003 VALUE FUND, LLC, a Delaware limited liability company (collectively, “Indemnitor”), for the benefit of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”).
JOINDERJoinder • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings
By executing this Joinder (the “Joinder”), NNN Realty Advisors, Inc., a Delaware corporation (“Joinder Party”) jointly and severally guarantees any deficiency, loss, or damage suffered by Lender associated with or arising out of the payment of any fine, penalty, damages, cost, or expense incurred or payable associated with or arising out of the SEC Investigation. This Joinder is a guaranty of full and complete payment and performance and not of collectibility.
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made as of the 24th day of October, 2007 (the “Effective Date”), by and between Sevens St. Louis, LLC, a Delaware limited partnership (“Seller”), and Triple Net Properties, LLC, a Virginia limited liability company (“Purchaser”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENTAssignment and Assumption of Purchase and Sale Agreement • October 31st, 2007 • NNN 2003 Value Fund LLC • Operators of nonresidential buildings
THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AND SALE AGREEMENT (this “Assignment”) dated as of October 25, 2007, is made and entered into by and between TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Assignor”), and NNN VF 7777 BONHOMME AVENUE LLC, a Delaware limited liability company (“Assignee”), with reference to the following Recitals:
