LEASEAnd Attornment Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS LEASE AGREEMENT (this “Lease”) is made and entered into as of September 22, 2004, by and between FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (hereinafter called “Tenant”). Terms with initial capital letters used in this Lease shall have the meanings assigned for such terms in Section 1.1(b).
AMENDED AND RESTATED MASTER LEASE AGREEMENT BETWEENMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • North Carolina
THIS AMENDED AND RESTATED MASTER LEASE AGREEMENT (this “Lease”) is made and entered into this [June 28,] 2005, effective as of January 1, 2005, by and between FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”), with the limited joinder of FIRST STATES GROUP, L.P., a Delaware limited partnership (“FSG”). Terms with initial capital letters used in this Lease shall have the meanings assigned for such terms in Section 1.1(b).
MASTER AGREEMENT REGARDING LEASESMaster Agreement Regarding Leases • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS MASTER AGREEMENT REGARDING LEASES (this “Master Agreement”) is made and entered into as of September 22, 2004, by and between WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (herein called “Wachovia N.A.”), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (herein called “Master Landlord Named Herein”).
GUARANTY OF RECOURSE OBLIGATIONSKBS Real Estate Investment Trust, Inc. • March 26th, 2012 • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS, is made as of March 4, 2005 (this Agreement), by FIRST STATES GROUP, L.P., a Delaware limited partnership (Guarantor), having an office at 1725 The Fairway, Jenkintown, Pennsylvania 19046, to and for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (GACC), having an address at 60 Wall Street, 10th Floor, New York, New York 10005 and BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation (BSCMI), having an office at 383 Madison Avenue, New York, New York 10179 (GACC and BSCMI together with their respective successors and assigns, collectively, Lender).
ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This ASSIGNMENT AND ASSUMPTION, dated as of September 1, 2011 (this "Assignment"), is by and between, First States Group, L.P., a Delaware limited liability company (the "Assignor"), and KBS Acquisition Sub-Owner 9, LLC, a Delaware limited liability company (the "Assignee").
AMENDMENT NO. 3 TO AMENDED AND RESTATED MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
AMENDMENT NO. 3 (this “Amendment”), dated as of December 15, 2011, to the Amended and Restated Master Repurchase Agreement, dated as of April 28, 2011 as amended by Amendment No. 1 dated as of May 10, 2011, as further amended by Amendment No. 2 dated as of September 1, 2011 (as further amended, restated or otherwise modified from time to time, the “Repurchase Agreement”), by and between KBS GKK Participation Holdings I, LLC (“Seller”) and Goldman Sachs Mortgage Company (“Buyer”).
LOAN AND SECURITY AGREEMENT Dated as of March 4, 2005 Between FIRST STATES INVESTORS 5200, LLC as Borrower and GERMAN AMERICAN CAPITAL CORPORATION and BEAR STEARNS COMMERCIAL MORTGAGE, INC. Collectively as LenderLoan and Security Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This LOAN AND SECURITY AGREEMENT, dated as of March 4, 2005 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (Borrower), having an office at c/o First States Group, L.P., 1725 The Fairway, Jenkintown, Pennsylvania 19046, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (GACC), having an address at 60 Wall Street, 10th Floor, New York, New York 10005 and BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation (BSCMI), having an office at 383 Madison Avenue, New York, New York 10179 (GACC and BSCMI together with their respective successors and assigns, collectively, Lender).
OMNIBUS AMENDMENT TOLoan Documents • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This OMNIBUS AMENDMENT TO LOAN DOCUMENTS, dated as of October 1, 2003 (this Agreement), is by and among FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (together with its successors and assigns, Borrower); AMERICAN FINANCIAL REALTY TRUST, a Maryland real estate investment trust (together with its successors and assigns, AFR), FIRST STATES GROUP, L.P., a Delaware limited partnership (together with its successors and assigns, FSG; AFR and FSG are each referred to herein as a Guarantor and collectively as the Guarantors), FIRST STATES MANAGEMENT CORP., LLC, a Delaware limited liability company (together with its successors and assigns, Manager), each having a principal place of business and chief executive office c/o First States Group, L.P., 1725 The Fairway, Jenkintown, Pennsylvania 19046, PNC BANK, NATIONAL ASSOCIATION, having an address at Two PNC Plaza, 31st Floor, 620 Liberty Avenue, Pittsburgh, Pennsylvania 15222 (together with its successors and assigns, Ca
SUPPLEMENTAL RECOURSE LIABILITY AGREEMENTSupplemental Recourse Liability Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This SUPPLEMENTAL RECOURSE LIABILITY AGREEMENT (this “Agreement”), is made as of December 15, 2011 by KBS DEBT HOLDINGS, LLC, a Delaware limited liability company, having an address at c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660 (“Guarantor”), to and for the benefit of PB CAPITAL CORPORATION, a Delaware corporation, having an address at 230 Park Avenue, 19th Floor, New York, New York 10169, as agent (in such capacity, “Agent”) for Lenders as more particularly set forth in the Loan Agreement (as hereinafter defined) and Lenders. All capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement.
THIRD AMENDMENT TO MASTER LEASE AGREEMENTMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO MASTER LEASE AGREEMENT ("Amendment") is made and entered into as of January 1, 2007 ("Effective Date"), by and between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company ("Landlord") and BANK OF AMERICA, N.A., a national banking association ("Tenant").
FIRST AMENDMENT TO MASTER AGREEMENTMaster Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO MASTER AGREEMENT (this "Amendment"), dated as of June ___, 2005, by and between W ACHOVIA BANK. NATIONAL ASSOCIATION, a national banking association (herein called "Wachovia"), and FIRST STATES INVESTORS 3300, LLC, a Delaware limited liability company (herein called "Master Landlord").
CONSOLIDATED, AMENDED AND RESTATED NOTENote • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
CONSOLIDATED, AMENDED AND RESTATED NOTE, dated as of October 1, 2003 (this Note), by FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (Borrower), having an office at c/o First States Group, L.P., 1725 The Fairway, Jenkintown, Pennsylvania 19046, in favor of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (together with its successors and assigns, Lender), having an office at 60 Wall Street, 10th Floor, New York, New York 10005.
LOAN AND SECURITY AGREEMENT Dated as of October 1,2003 BetweenLoan and Security Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of October 1, 2003 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement), between FIRST STATES INVESTORS 5OOOA, LLC, a Delaware limited liability company (Borrower), having an office at c/o First States Group, L.P., 1725 The Fairway, Jenkintown, Pennsylvania 19046, and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, Lender).
AMENDMENT NO. 1 TO THEAdvisory Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This amendment no. 1 to the Advisory Agreement, dated as of November 8, 2011 (the “Advisory Agreement”), between KBS Real Estate Investment Trust, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered as of March 20, 2012 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
FIRST AMENDMENT TO AMENDED AND RESTATED MASTER LEASE AGREEMENTMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO AMENDED AND RESTATED MASTER LEASE AGREEMENT (this “Amendment”) is made and entered into as of January 1, 2005 (“Effective Date”), by and between FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (hereinafter called “Landlord”) and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”). Terms with initial capital letters that are used, but not defined, in this Amendment shall have the meanings assigned to such terms in the Master Lease (defined below).
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO LOAN AGREEMENT (this "Amendment") dated as of July 19, 2007, is made by and among FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company ("Borrower") and WELLS FARGO BANK., N.A., AS TRUSTEE IN TRUST FOR HOLDERS OF BSDB 2005-AFRI TRUST COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-AFRI ("Lender").
SECOND AMENDMENT TO MASTER LEASE AGREEMENTMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO MASTER LEASE AGREEMENT (this “Second Amendment”) is made and entered into this September 1, 2005, but effective, to the extent herein provided, as of the Commencement Date, by and between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”). Terms with initial capital letters that are used, but not defined, in this Second Amendment shall have the meanings assigned to such terms in the Master Lease (defined below).
PREPARED BY: POLSINELLI SHUGHART PCConsent Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
SECOND AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This Second Amendment to Loan Agreement (the “Amendment”), dated as of June 9, 2005, is made by and among FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (“Borrower”), GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (“GACC”) and BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation (“BSCMI”, together with GACC and their respective successors and assigns, collectively, “Lender”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This First Amendment to Loan Agreement (the “Amendment”), dated as of April 12, 2005, is made by and among FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (“Borrower”), GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (“GACC”) and BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation (“BSCMI”, together with their respective successors and assigns, collectively, “Lender”).
PARTIAL LEASE TERMINATION AGREEMENTTermination Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS PARTIAL LEASE TERMINATION AGREEMENT ("Agreement") is made as of the 19th day of July, 2007 ("Effective Date"), by and between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company ("Landlord") and BANK OF AMERICA, N.A., a national banking association ("Tenant"), with the joinder of FIRST STATES GROUP, L.P., a Delaware limited partnership.
OPERATING AGREEMENT OF HC KBS NIP JV, LLC A DELAWARE LIMITED LIABILITY COMPANYOperating Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
MEMORANDUM OF UNDERSTANDING (Gross-up Methodology for BD1 and BD2 Portfolios)KBS Real Estate Investment Trust, Inc. • March 26th, 2012 • Real estate investment trusts
THIS MEMORANDUM OF UNDERSTANDING (this “Memorandum”) dated this 7th day of October, 2008 is made by and between BANK OF AMERICA, N.A., a national banking association (“BofA”) and FIRST STATES GROUP, L.P., a Delaware limited partnership (“FSG”) for and on behalf of each affiliate of FSG that, as of the date hereof, leases premises to BofA under a master lease or a continuing term master lease (each a “Master Lease” and collectively the “Master Leases”) in any property which was identified as a “Property” under that certain (i) Master Lease Agreement dated June 30, 2003 between First States Investors 5000A, LLC, a Delaware limited liability company, as landlord, and BofA, as tenant (collectively, “BD1 Properties”), and (ii) Master Lease Agreement dated October 1, 2004 between First States Investors 5200, LLC, a Delaware limited liability company, as landlord, and BofA, as tenant (collectively, “BD2 Properties”, and hereinafter the BD1 Properties and the BD2 Properties shall each be refer
LOAN AGREEMENTProperty Lease Lease Lease • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This LOAN AGREEMENT (this “Loan Agreement”) dated as of April 1, 2008, by and among FIRST STATES INVESTORS 3300 B, L.P., a Delaware limited partnership, having an office at c/o Gramercy Capital Corp., 420 Lexington Avenue, New York, New York 10170 (together with its permitted successors and assigns, “Borrower”), PB CAPITAL CORPORATION, a Delaware corporation, having an office at 230 Park Avenue, 19th Floor, New York, New York 10169 (together with its successors and permitted assigns in such capacity as a lender, including any permitted Assignees (as hereinafter defined) hereunder, each a “Lender” and collectively “Lenders”), and PB CAPITAL CORPORATION, a Delaware corporation, having an office at 230 Park Avenue, 19th Floor, New York, New York 10169, in its capacity as agent for Lenders (together with its successors and assigns in such capacity as agent for Lenders, “Agent”).
FIRST AMENDMENT TO MASTER LEASE AGREEMENTMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO MASTER LEASE AGREEMENT (this “First Amendment”) is made and entered into this February 28, 2005, by and between FIRST STATES INVESTORS 5200, LLC, a Delaware limited liability company (hereinafter called “Landlord”), and BANK OF AMERICA, N.A., a national banking association (hereinafter called “Tenant”). Terms with initial capital letters that are used, but not defined, in this First Amendment shall have the meanings assigned to such terms in the Master Lease (defined below).
LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • Delaware
LIMITED LIABILITY COMPANY AGREEMENT of NIP JV, LLC, a Delaware limited liability company (the “Company”), dated as of December 23, 2011 (the “Effective Date”), by and between HC KBS NIP JV, LLC, a Delaware limited liability company (“HC-KBS”), and OCM NIP JV HOLDINGS, L.P., a Delaware limited partnership (“Oaktree”). Capitalized terms used but not elsewhere defined herein shall have the respective meanings ascribed to such terms in Section 1.1(a).
AGREEMENT IN LIEU OF FORECLOSUREAssignment of Ground Lease and Assumption Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
THIS AGREEMENT IN LIEU OF FORECLOSURE (this “Agreement”) is made as of December 23, 2011, by and between (i) NATIONAL INDUSTRIAL PORTFOLIO, LLC, a Delaware limited liability company (“Mortgage Borrower”), and NIP JV, LLC, a Delaware limited liability company (“NIP JV”), in its capacity as lender under the Mortgage Loan Agreement (as hereinafter defined) (in such capacity, “Mortgage Lender”), (ii) NATIONAL INDUSTRIAL MEZZ A, LLC, a Delaware limited liability company (“Mezzanine A Borrower”), and NIP JV, in its capacity as lender under the Mezzanine A Loan Agreement (as hereinafter defined) (in such capacity, “Mezzanine A Lender”), (iii) NATIONAL INDUSTRIAL MEZZ B, LLC, a Delaware limited liability company (“Mezzanine B Borrower”), and NIP JV, in its capacity as lender under the Mezzanine B Loan Agreement (as hereinafter defined) (in such capacity, “Mezzanine B Lender”), (iv) NIPB MEZZ C, LLC, a Delaware limited liability company (“Mezzanine C Borrower”), and NIP JV, in its capacity as l
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of August 22, 2008, is made by and among FIRST STATES INVESTORS 3300 B, L.P., a Delaware limited partnership, having an office at c/o Gramercy Capital Corp., 420 Lexington Avenue, New York, New York 10170 (“Borrower”), PB CAPITAL CORPORATION, a Delaware corporation, having an office at 230 Park Avenue, 19th Floor, New York, New York 10169 (together with its successors and permitted assigns in such capacity as a lender, including any permitted Assignees (as hereinafter defined) hereunder, each a “Lender” and collectively “Lenders”), and PB CAPITAL CORPORATION, a Delaware corporation, having an office at 230 Park Avenue, 19th Floor, New York, New York 10169, in its capacity as agent for Lenders (together with its successors and assigns in such capacity as agent for Lenders, “Agent”). All capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Existing Loan
ASSIGNMENT OF AGREEMENTSAssignment of Agreements • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts • New York
This ASSIGNMENT OF AGREEMENTS (this “Assignment”) dated as of April 1, 2008, made by FIRST STATES INVESTORS 3300 B, L.P., a Delaware limited partnership, having an address at c/o Gramercy Capital Corp., 420 Lexington Avenue, New York, New York, 10170 (“Assignor”) , in favor of PB CAPITAL CORPORATION, a Delaware corporation, having an office at 230 Park Avenue, 19th Floor, New York, New York 10169 as agent (in such capacity, “Assignee”) for Lenders, as more particularly set forth in the Loan Agreement (as hereinafter defined). All capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement.
ContractPledge and Security Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This JOINDER AGREEMENT, dated as of December 15, 2011, is delivered pursuant to Section 7.10 (Additional Grantors) of the Pledge and Security Agreement, dated as of April 28, 2011 by KBS GKK PARTICIPATION HOLDINGS I, LLC (the “Seller”) and the Subsidiaries of the Seller listed on the signature pages thereof in favor of the Goldman Sachs Mortgage Company (the “Pledge and Security Agreement”). Capitalized terms used herein but not defined herein are used with the meanings given them in the Pledge and Security Agreement.
ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This ASSIGNMENT AND ASSUMPTION, dated as of December 15, 2011 (this "Assignment"), is by and between, GKK Stars Acquisition LLC, a Delaware limited partnership (the "Assignor"), and KBS Acquisition Sub-Upper Tier Owner, LLC, a Delaware limited liability company (the "Assignee").
ContractPledge and Security Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This JOINDER AGREEMENT, dated as of December 15, 2011, is delivered pursuant to Section 7.10 (Additional Grantors) of the Pledge and Security Agreement, dated as of April 28, 2011 by KBS GKK PARTICIPATION HOLDINGS II, LLC (the “Seller”) and the Subsidiaries of the Seller listed on the signature pages thereof in favor of the Citigroup Financial Products Inc. (the “Pledge and Security Agreement”). Capitalized terms used herein but not defined herein are used with the meanings given them in the Pledge and Security Agreement.
ASSIGNMENT AND ASSUMPTIONAssignment and Assumption • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
This ASSIGNMENT AND ASSUMPTION, dated as of September 1, 2011 (this "Assignment"), is by and between, First States Investors 5000, LLC, a Delaware limited liability company (the "Assignor"), and KBS Acquisition Sub-Owner 2, LLC, a Delaware limited liability company (the "Assignee").
GUARANTY OF RECOURSE OBLIGATIONSKBS Real Estate Investment Trust, Inc. • March 26th, 2012 • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS, is made as of June 30, 2003 (this Agreement), by AMERICAN FINANCIAL REALTY TRUST, a Maryland real estate investment trust, and FIRST STATES GROUP, L.P., a Delaware limited partnership (collectively, Guarantor), each having an office at 1725 The Fairway, Jenkintown, Pennsylvania 19046, to and for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation (together with its successors and assigns, Lender), having an office at 60 Wall Street, l0th Floor, New York, New York 10005.
SECOND AMENDMENT TO AMENDED AND RESTATED MASTER LEASE AGREEMENTMaster Lease Agreement • March 26th, 2012 • KBS Real Estate Investment Trust, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO AMENDED AND RESTATED MASTER LEASE AGREEMENT (“Amendment”) is made and entered into as of January 1, 2007 (“Effective Date”), by and between FIRST STATES INVESTORS 5000A, LLC, a Delaware limited liability company (“Landlord”) and BANK OF AMERICA, N.A., a national banking association (“Tenant”).
