UNSECURED PROMISSORY NOTE (this “Note”)Unsecured Promissory Note • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, Grubb & Ellis Apartment REIT Holdings, LP, a Virginia limited partnership (“Borrower”), unconditionally promises to pay NNN Realty Advisors, Inc., a Delaware corporation (“Lender”), in the manner and at the place hereinafter provided, the principal amount of Three Million Seven Hundred Dollars ($3,700,000).
MULTIFAMILY DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (GEORGIA – REVISION DATE 05-11-2004)Security Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS MULTIFAMILY DEED TO SECURE DEBT, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Instrument”) is made to be effective as of the 27th day of June, 2008, between G&E APARTMENT REIT KEDRON VILLAGE, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is c/o Grubb & Ellis Realty Investors, LLC, 1606 Santa Rosa Road, Suite 109, Richmond, Virginia 23229, as grantor (“Borrower”), and CAPMARK BANK, an industrial bank organized and existing under the laws of Utah, whose address is 6955 Union Park Center, Suite 330, Midvale, Utah 84047, Attn: President, as grantee (“Lender”). Borrower’s organizational identification number, if applicable, is 4563259.
THIRD AMENDED AND RESTATED PLEDGE AGREEMENT (MEMBERSHIP AND PARTNERSHIP INTERESTS)Pledge Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS THIRD AMENDED AND RESTATED PLEDGE AGREEMENT (MEMBERSHIP AND PARTNERSHIP INTERESTS) (as amended, modified, replaced, renewed, restated or extended from time to time, this “Agreement”), dated as of the 26th day of June, 2008, by and between WACHOVIA BANK, N.A., a national banking association (“Lender”), and GRUBB & ELLIS APARTMENT REIT HOLDINGS, LP, a Virginia limited partnership (formerly known as NNN Apartment REIT Holdings, L.P.) (“Pledgor”).
GUARANTY MULTISTATE (for use in all Property jurisdictions except California) REVISION DATE 05/06/2005Grubb & Ellis Apartment REIT, Inc. • July 2nd, 2008 • Real estate investment trusts
This Guaranty (“Guaranty”) is entered into to be effective as of June 27, 2008, by the undersigned person(s) (the “Guarantor” jointly and severally if more than one), for the benefit of CAPMARK BANK, a Utah industrial bank (the “Lender”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made to be effective as of June 23, 2008, by and between AMLI AT PEACHTREE CITY-PHASE I, LLC, a Georgia limited liability company (“APCI”), and AMLI AT PEACHTREE CITY-PHASE II, LLC, a Georgia limited liability company (“APCII”; APCI, as owner of the PC Property, and APCII, as owner of the KV Property, are herein referred to collectively as “Seller”), and GRUBB AND ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company (“Buyer”).
REAL ESTATE PURCHASE AGREEMENTAssignment and Assumption Of • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
GRUBB & ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company (“Assignor”) and G&E APARTMENT REIT KEDRON VILLAGE, LLC, a Delaware limited liability company (“Assignee”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • Georgia
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (the “Amendment”) is made and entered into as of June 18, 2008 by and between ATLANTA CREEKSIDE GARDENS ASSOCIATES, LLC, a Delaware limited liability company (the “Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company, or its permitted assignee (“Purchaser”)
THIRD AMENDMENT TO AND WAIVER OF LOAN AGREEMENTAnd Waiver of Loan Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • North Carolina
THIS THIRD AMENDMENT TO AND WAIVER OF LOAN AGREEMENT (this “Amendment”), executed and delivered as of June 26, 2008, is between GRUBB & ELLIS APARTMENT REIT, INC. (formerly known as NNN Apartment REIT, Inc.), a Maryland corporation (the “Company”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (the “Lender”).
PURCHASE AND SALE AGREEMENT ASSIGNMENTPurchase and Sale Agreement Assignment • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts
This Purchase and Sale Agreement Assignment (“Assignment”) is made as of June 26, 2008 by and between Grubb & Ellis Realty Investors, LLC (formerly known as Triple Net Properties, LLC), a Virginia limited liability company (“Assignor”), and G&E Apartment REIT Creekside Crossing, LLC, a Delaware limited liability company (“Assignee”), and is made with respect to the Purchase and Sale Agreement by and between Assignor and Atlanta Creekside Gardens Associates, LLC, a Delaware limited liability company (“Seller”) dated June 12, 2008, as amended (“PSA”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 2nd, 2008 • Grubb & Ellis Apartment REIT, Inc. • Real estate investment trusts • Georgia
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into as of , 2008 by and between ATLANTA CREEKSIDE GARDENS ASSOCIATES, LLC, a Delaware limited liability company (the “Seller”), and GRUBB & ELLIS REALTY INVESTORS, LLC, a Virginia limited liability company, or its permitted assignee (“Purchaser”).
