ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • January 3rd, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Arizona
This ENVIRONMENTAL INDEMNITY AGREEMENT dated as of December 20, 2007 (the “Agreement”), is executed by GRUBB & ELLIS HEALTHCARE REIT HOLDINGS, L.P., a Delaware limited partnership (f/k/a NNN Healthcare/Office REIT Holdings, L.P.) (the “Borrower”), NNN HEALTHCARE/OFFICE REIT TUCSON MEDICAL OFFICE, LLC, a Delaware limited liability company (“Tucson”) and GRUBB & ELLIS HEALTHCARE REIT, INC., a Maryland corporation (f/k/a NNN Healthcare/Office REIT, Inc.) (the “Guarantor”; the Borrower, Tucson and the Guarantor each being referred to herein as an “Indemnitor” and collectively as the “Indemnitors”) to and for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, together with its successors and assigns, individually and as agent for the Banks (as described in the Loan Agreement described below) (individually, “LaSalle” and as agent, the “Agent”).
JOINDER AGREEMENTJoinder Agreement • January 3rd, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Arizona
THIS JOINDER AGREEMENT dated as of December 20, 2007, executed and delivered by NNN HEALTHCARE/OFFICE REIT TUCSON MEDICAL OFFICE, LLC, a Delaware limited liability company (the “New Subsidiary”), in favor of LASALLE BANK NATIONAL ASSOCIATION, in its capacity as Agent (the “Agent”) for the Banks under that certain Loan Agreement dated as of September 10, 2007 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”), by and among NNN HEALTHCARE/OFFICE REIT HOLDINGS, L.P., a Delaware limited partnership (n/k/a Grubb & Ellis Healthcare REIT Holdings, L.P.) (the “Borrower”), the financial institutions party thereto and their assignees under Section 1 thereof (the “Banks”) and the Agent.
LEASEHOLD AND FEE DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGLeasehold and Fee • January 3rd, 2008 • Grubb & Ellis Healthcare REIT, Inc. • Real estate investment trusts • Arizona
THIS LEASEHOLD AND FEE DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, FIXTURE FILING AND FINANCING STATEMENT (“Deed of Trust”) is made as of the 20th day of December, 2007 by NNN HEALTHCARE/OFFICE REIT TUCSON MEDICAL OFFICE, LLC, a Delaware limited liability company, whose mailing address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 200, Santa Ana, California 92705 (the “Trustor”), to FIDELITY NATIONAL TITLE AGENCY, INC., whose mailing address is 7750 E. Broadway, Suite 200, Tucson, AZ 85710 (“Trustee”), for the benefit of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, whose mailing address is 135 South LaSalle Street, Chicago, Illinois 60603-4015, its successors and assigns, individually and as Agent for the “Banks” (as defined in the Loan Agreement described below) (“Beneficiary”).
