ISDA® International Swaps and Derivatives Association, Inc.Master Agreement • April 15th, 2011 • Grubb & Ellis Healthcare REIT II, 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 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
PROMISSORY NOTEGrubb & Ellis Healthcare REIT II, Inc. • April 15th, 2011 • Real estate investment trusts • Texas
FOR VALUE RECEIVED, G&E HC REIT II MUSKOGEE LTACH, LLC, a Delaware limited liability company (“Borrower”), unconditionally promises to pay to the order of CAPITAL ONE, N.A., a national association (together with its successors and assigns, “Lender”), without setoff, at its offices at 600 N. Pearl Street, Suite 2500, Dallas (Dallas County), TX 75201, or at such other place as may be designated by Lender, the principal amount of SEVEN MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($7,200,000.00), or so much thereof as may be advanced from time to time in immediately available funds, together with interest computed daily on the outstanding principal balance hereunder, at an annual interest rate (the “Rate”), and in accordance with the payment schedule indicated below. This PROMISSORY NOTE (this “Note”) is executed pursuant to and evidences the Loan funded by Lender pursuant to that certain LETTER LOAN AGREEMENT, dated as of even date herewith between Borrower and Lender (as the same may
MORTGAGE AND SECURITY AGREEMENT AND UCC FINANCING STATEMENT FOR FIXTURE FILINGMortgage and Security Agreement • April 15th, 2011 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts • Oklahoma
THIS MORTGAGE AND SECURITY AGREEMENT AND UCC FINANCING STATEMENT FOR FIXTURE FILING (as amended, modified or restated from time to time, this “Mortgage”) is executed as of APRIL 8, 2011, by G&E HC REIT II MUSKOGEE LTACH, LLC, a Delaware limited liability company (the “Grantor”), to CAPITAL ONE, N.A., a national association (together with its successors and assigns, the “Beneficiary”).
APRIL 8, 2011Letter Loan Agreement • April 15th, 2011 • Grubb & Ellis Healthcare REIT II, Inc. • Real estate investment trusts • Texas
RE: SEVEN MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($7,200,000.00) loan (the “Loan”) from CAPITAL ONE, N.A., a national association (together with its successors and assigns, “Lender”), to G&E HC REIT II MUSKOGEE LTACH, LLC, a Delaware limited liability company (“Borrower”), which is evidenced and secured by (i) this LETTER LOAN AGREEMENT (as amended, modified or restated from time to time, this “Agreement”), (ii) a PROMISSORY NOTE (as amended, modified or restated from time to time, the “Note”) in the original principal sum of the Loan dated of even date herewith, executed by Borrower and payable to Lender, (iii) a MORTGAGE AND SECURITY AGREEMENT AND UCC FINANCING STATEMENT FOR FIXTURE FILING, dated of even date herewith and executed by Borrower for the benefit of Lender (as amended, modified or restated from time to time, the “Mortgage”) and covering certain real property described on Exhibit A attached hereto and made a part hereof for all purposes (the “Property”), and (iv)
ASSIGNMENT OF LEASES AND RENTSGrubb & Ellis Healthcare REIT II, Inc. • April 15th, 2011 • Real estate investment trusts • Oklahoma
THIS ASSIGNMENT OF LEASES AND RENTS (this “Assignment”) is made as of APRIL 8, 2011, by G&E HC REIT II MUSKOGEE LTACH, LLC, a Delaware limited liability company (“Assignor”), for the benefit of CAPITAL ONE, N.A., a national association (together with is successors and assigns, “Assignee”). Unless the context of this Assignment otherwise requires, capitalized terms not otherwise defined in this Assignment shall have the meanings ascribed to such terms in that certain MORTGAGE AND SECURITY AGREEMENT AND UCC FINANCING STATEMENT FOR FIXTURE FILING (the “Mortgage”) dated of even date herewith, given by Assignor to Assignee, and affecting, among other property, the Property (hereinafter defined).
