LIMITED GUARANTY (Secured Loan)Limited Guaranty • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LIMITED GUARANTY (“Guaranty”) is made as of March 27, 2012, by KBS REIT PROPERTIES III, LLC, a Delaware limited liability company (“Guarantor”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Administrative Agent”), as administrative agent for itself and the Lenders from time to time a party to the Loan Agreement (defined below).
LOAN AGREEMENTLoan Agreement • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT (“Agreement”) dated as of March 27, 2012, by and among KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company (“Borrower”), each of the financial institutions initially a signatory hereto together with their assignees under Section 13.13 (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as contractual representative of the Lenders to the extent and in the manner provided in Article 12 (in such capacity, the “Administrative Agent”).
CONTRACT OF SALEContract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
This ESTOPPEL AGREEMENT (“Agreement”) is made as of the date set forth below, by______ (“Tenant”), based upon the following facts and understandings of Tenant:
THIRD AMENDMENT TO CONTRACT OF SALE (One, Two and Three Legacy Town Center; Plano, Texas)Contract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
THIS THIRD AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is made and entered into as of February 10, 2012, by and between NORTH DALLAS TOWN CENTER LP, a Delaware limited partnership (“One/Two Seller”), TENNYSON DEVELOPMENT LP, a Delaware limited partnership (“Three Seller” and, together with One/Two Seller, collectively, the “Sellers” and each, individually a “Seller”), and KBS CAPITAL ADVISORS, LLC, a Delaware limited liability company (“Purchaser”).
FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement and Escrow Instructions • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Tennessee
The undersigned, McEwen Owners Association, Inc., a Tennessee non-profit corporation (the "Master Association"), and SLC McEwen Land Holdings, LLC, a Delaware limited liability company (the "Declarant") are the Master Association and Declarant, respectively, under that certain Master Declaration of Covenants, Conditions, Restrictions and Easements for McEwen recorded February 15, 2008 in Book 4488, Page 876, as amended by that certain First Amendment to Iv1aster Declaration of Covenants, Conditions, Restrictions and Easements for McEwen recorded May 6) 2011 in Book 5310, Page 444, and as supplemented by that certain Declaration of Southside Office District recorded November 9, 2011 in Book 5436, Page 490 ("Southside Office District Declaration"), that certain Supplemental Declaration (McEwen Office Parcel Restriction) recorded November 9, 2011 in Book 5436, Page 520, all in the Register's Office for Williamson County, Tennessee (as amended and supplemented, the "Declaration"), Unless e
FIRST AMENDMENT TO CONTRACT OF SALE (One, Two and Three Legacy Town Center; Plano, Texas)Contract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
THIS FIRST AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is made and entered into as of January 11, 2012, by and between NORTH DALLAS TOWN CENTER LP, a Delaware limited partnership (“One/Two Seller”), TENNYSON DEVELOPMENT LP, a Delaware limited partnership (“Three Seller” and, together with One/Two Seller, collectively, the “Sellers” and each, individually a “Seller”), and KBS CAPITAL ADVISORS, LLC, a Delaware limited liability company (“Buyer”).
FIFTH AMENDMENT TO CONTRACT OF SALEContract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
THIS FIFTH AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is made and entered into as of February 16, 2012, by and between NORTH DALLAS TOWN CENTER LP, a Delaware limited partnership (“One/Two Seller”), TENNYSON DEVELOPMENT LP, a Delaware limited partnership (“Three Seller” and, together with One/Two Seller, collectively, the “Sellers” and each, individually a “Seller”), and KBSIII LEGACY TOWN CENTER, LLC, a Delaware limited liability company (“Purchaser”), as the successor-in-interest to KBS CAPITAL ADVISORS, LLC, a Delaware limited liability company (“Original Purchaser”).
SECOND AMENDMENT TO CONTRACT OF SALEContract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
THIS SECOND AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is made and entered into as of January 19, 2012, by and between NORTH DALLAS TOWN CENTER LP, a Delaware limited partnership (“One/Two Seller”), TENNYSON DEVELOPMENT LP, a Delaware limited partnership (“Three Seller” and, together with One/Two Seller, collectively, the “Sellers” and each, individually a “Seller”), and KBS CAPITAL ADVISORS, LLC, a Delaware limited liability company (“Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement and Escrow Instructions • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “First Amendment”) is made as of the 13th day of March, 2012, by and between AGL/SLC MCEWEN NO. 2, LLC, a Delaware limited liability company (“Seller”), and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Assignment and Assumption of Purchase Agreement (“Assignment”) is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Assignor”), and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a limited liability company (“Assignee”), as of March 16, 2012 (“Effective Date”).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Assignment and Assumption of Purchase Agreement (“Assignment”) is entered into between KBS Capital Advisors LLC, a Delaware limited liability company (“Assignor”), and KBSIII Legacy Town Center, LLC, a Delaware limited liability company (“Assignee”), as of February 15, 2012 (“Effective Date”).
MODIFICATION AGREEMENTModification Agreement • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
THIS MODIFICATION AGREEMENT ("Agreement") dated March 27, 2012, is made and entered into by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company (“Domain Borrower”), KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company (“Las Cimas Borrower”, and together with Domain Borrower, collectively, “Borrowers”), the “Lenders” from time to time a party to the Loan Agreement referenced below (“Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”) as contractual representative of the Lenders (in such capacity, the “Administrative Agent”).
FOURTH AMENDMENT TO CONTRACT OF SALEContract of Sale • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
THIS FOURTH AMENDMENT TO CONTRACT OF SALE (this “Amendment”) is made and entered into as of February 15, 2012, by and between NORTH DALLAS TOWN CENTER LP, a Delaware limited partnership (“One/Two Seller”), TENNYSON DEVELOPMENT LP, a Delaware limited partnership (“Three Seller” and, together with One/Two Seller, collectively, the “Sellers” and each, individually a “Seller”), and KBS CAPITAL ADVISORS, LLC, a Delaware limited liability company (“Purchaser”).
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement and Escrow Instructions • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “Second Amendment”) is made as of the 15th day of March, 2012, by and between AGL/SLC MCEWEN NO. 2, LLC, a Delaware limited liability company (“Seller”), and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement and Escrow Instructions • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “Third Amendment”) is made as of the 16th day of March, 2012, by and between AGL/SLC MCEWEN NO. 2, LLC, a Delaware limited liability company (“Seller”), and KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONSPurchase and Sale Agreement and Escrow Instructions • April 6th, 2012 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Tennessee
THIS PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS (this “Agreement”) is made and entered into as of February 21, 2012 (the “Effective Date”), by and between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Purchaser”), and AGL/SLC McEWEN NO. 2, LLC, a Delaware limited liability company (“Seller”).
