OPEN-END MORTGAGE, ASSIGNMENT, SECURITY AGREEMENT AND FIXTURE FILINGGrubb & Ellis Healthcare REIT, Inc. • December 28th, 2007 • Real estate investment trusts
This Open End Mortgage, Assignment, Security Agreement and Fixture Filing is granted as of the 20th day of December, 2007, by G&E HEALTHCARE REIT LINCOLN PARK BOULEVARD, LLC, a Delaware limited liability company (herein referred to as “Mortgagor”), whose address is c/o Triple Net Properties, LLC, 1551 N. Tustin Avenue, Suite 300, Santa Ana, California 92705, to WACHOVIA FINANCIAL SERVICES, INC. (“Mortgagee”), whose address is c/o Wachovia Bank, N.A., Real Estate Financial Services, General Banking Group, Mail Code: CA 6233, 15750 Alton Parkway, Irvine, California 92618.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Ohio
This Environmental Indemnity Agreement (this “Agreement”), which is dated as of December 20, 2007, is executed by G&E HEALTHCARE REIT LINCOLN PARK BOULEVARD, LLC, a Delaware limited liability company (“Borrower”), and GRUBB & ELLIS HEALTHCARE REIT, INC., a Maryland corporation (“Indemnitor”), as a condition of, and to induce WACHOVIA FINANCIAL SERVICES, INC., a North Carolina corporation (“Lender”), to make, a loan (the “Loan”) to Borrower evidenced or to be evidenced by a Promissory Note of even date herewith, made by Borrower payable to the order of Lender in the face principal amount of $10,943,000.00 (the “Note”). The Loan is secured or to be secured by an Open-End Mortgage, Assignment, Security Agreement and Fixture Filing (the “Mortgage”) of even date herewith, encumbering certain real and personal property as therein described (collectively, the “Property”), including the land described in Exhibit A which is attached hereto and made a part hereof.
REPAYMENT GUARANTYRepayment Guaranty • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Ohio
THIS REPAYMENT GUARANTY (this “Guaranty”) is made as of December 20, 2007, by GRUBB & ELLIS HEALTHCARE REIT, INC., a Maryland corporation (“Guarantor”) in favor of WACHOVIA FINANCIAL SERVICES, INC., a North Carolina corporation (“Lender”).
LOAN AGREEMENTLoan Agreement • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Ohio
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONSAgreement for Purchase and Sale of Real Property and Escrow Instructions • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Ohio
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (this “Agreement”) is made and entered into as of November 12th, 2007 (the “Effective Date”), by and between FRAZE ENTERPRISES, INC., an Ohio corporation (“Seller”) and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”), with reference to the following facts:
MASTER AGREEMENT dated as of December 21, 2007Master Agreement • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • New York
have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties confirming those Transactions.
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONSAgreement for Purchase and Sale • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts
This SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (this “Second Amendment”) is entered into as of November 27, 2007, by and between FRAZE ENTERPRISES, INC., an Ohio corporation (“Seller”), and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”), with reference to the following Recitals:
FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONSAgreement for Purchase and Sale • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS (this “First Amendment”) is entered into as of November 16, 2007, by and between FRAZE ENTERPRISES, INC., an Ohio corporation (“Seller”), and TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Buyer”), with reference to the following Recitals:
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • December 28th, 2007 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT (this “Assignment”) dated as of December 20, 2007, is made and entered into by and between TRIPLE NET PROPERTIES, LLC, a Virginia limited liability company (“Assignor”), and G&E HEALTHCARE REIT LINCOLN PARK BOULEVARD, LLC, a Delaware limited liability company (“Assignee”), with reference to the following Recitals:
