The undersigned hereby agrees as set forth under "ACKNOWLEDGMENT AND AGREEMENT" below.Consolidated Capital Properties Iv • June 4th, 2002 • Real estate investment trusts
Prepared by, and after recording return to: Amy B. Connelly, Esq. Krooth & Altman LLP Washington, DC 20036 FHLMC Loan No. 534364608 MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (Including Fixture Filing) (TENNESSEE – REVISION...And Security Agreement • February 25th, 2009 • Consolidated Capital Properties Iv • Real estate investment trusts
THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Instrument") is made as of this 19th day of February, 2009, CCP IV KNOLLWOOD, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is Stanford Place 3, 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, as grantor ("Borrower"), to Jerome S. Grand, as trustee, a resident of Davidson County, Tennessee ("Trustee"), for the benefit of KEYCORP REAL ESTATE CAPITAL MARKETS, INC., a corporation organized and existing under the laws of Ohio, whose address is 911 Main Street, Suite 1500, Kansas City, Missouri 64105, as beneficiary ("Lender"). Borrower's organizational identification number, if applicable, is 4005331.
MULTIFAMILY NOTEMultifamily Note • February 25th, 2009 • Consolidated Capital Properties Iv • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (together with such party's or parties' successors and assigns, "Borrower") jointly and severally (if more than one) promises to pay to the order of KEYCORP REAL ESTATE CAPITAL MARKETS, INC., an Ohio corporation, the principal sum of Nineteen Million Three Hundred Fifty Thousand and No/100ths Dollars (US $19,350,000.00), with interest on the unpaid principal balance, as hereinafter provided.
MULTIFAMILY NOTE MULTISTATE – FIXED TO FLOATMultifamily Note • September 7th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (together with such party's or parties' successors and assigns, "Borrower"), jointly and severally (if more than one) promises to pay to the order of CAPMARK BANK, a Utah industrial bank, the principal sum of Two Million One Hundred Thousand and 00/100 Dollars (US $2,100,000.00), with interest on the unpaid principal balance, as hereinafter provided.
PURCHASE AND SALE CONTRACTPurchase and Sale Contract • December 14th, 2010 • Consolidated Capital Properties Iv • Real estate investment trusts • Tennessee
THIS PURCHASE AND SALE CONTRACT (this “Contract”) is entered into as of the 8th day of December, 2010 (the “Effective Date”), by and between CCP IV ARBOURS OF HERMITAGE, LLC, a Delaware limited liability company, having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (“Seller”), and CORE REAL ESTATE SERVICES, LLC, a Michigan limited liability company, having a principal address at 191 North Old Woodward Avenue, Suite 100, Birmingham, Michigan 48009 (“Purchaser”).
Carveout Guarantee and Indemnity AgreementGuarantee and Indemnity Agreement • December 6th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
This Carveout Guarantee and Indemnity Agreement (this “Agreement”) is made as of the 30th day of November, 2007 (the “Effective Date”), by AIMCO PROPERTIES, L.P., a Delaware limited partnership (the “Carveout Obligor”), in favor of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation, and its successors and assigns (the “Lender”).
AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement for Purchase and Sale and Escrow Instructions • October 6th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
Secured Promissory NoteConsolidated Capital Properties Iv • December 6th, 2007 • Real estate investment trusts • Colorado
FOR VALUE RECEIVED, the undersigned, CCP IV ASSOCIATES, LTD., a Texas limited partnership, whose address is 4582 South Ulster Parkway, Suite 1100, Denver, Colorado 80237 (the “Borrower”), promises to pay Three Million One Hundred Thousand Dollars and No Cents ($3,100,000.00), together with interest according to the terms of this Secured Promissory Note (this “Note”), to the order of TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, an Iowa corporation (together with any future holder, the “Lender”), whose address is c/o AEGON USA Realty Advisors, Inc., 4333 Edgewood Road, N.E., Cedar Rapids, Iowa 52499-5443. Capitalized terms used but not defined in this Note shall have the meanings assigned to them in the Deed of Trust, as defined in Section 12 below.
PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 1st, 2009 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
THIS PURCHASE AND SALE CONTRACT (this “Contract”) is entered into as of the 25th day of September, 2009 (the “Effective Date”), by the selling parties identified on Schedule 1 (the “Seller Information Schedule”) having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “Seller” and collectively “Sellers”), and Standard Portfolios LLC, a Delaware limited liability company, having an address c/o Grant, Genovese & Baratta, LLP, Attention: Michael J. Genovese, 2030 Main Street, Suite 1600, Irvine, California 92614 (“Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • November 3rd, 2009 • Consolidated Capital Properties Iv • Real estate investment trusts
WHEREAS, Sellers and Purchaser entered into that certain Purchase and Sale Contract, dated as of September 25, 2009, with respect to the sale of certain properties described therein (the “Contract”); and
LOAN AGREEMENT LIBOR BETWEEN CCP IV ASSOCIATES, LTD., A TEXAS LIMITED PARTNERSHIP AS BORROWER AND GMAC COMMERCIAL MORTGAGE BANK, A UTAH INDUSTRIAL BANK AS LENDER DATED AS OF NOVEMBER 30, 2005Loan Agreement • March 31st, 2006 • Consolidated Capital Properties Iv • Real estate investment trusts
THIRD AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • March 30th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts
THIS THIRD AMENDMENT TO PURCHASE AND SALE CONTRACT (this “Third Amendment”) is made and entered into as of the 28th day of March, 2007 (the “Amendment Date”), by and among CONSOLIDATED CAPITAL PROPERTIES IV, a California limited partnership, APARTMENT ASSOCIATES, LTD., a Texas limited partnership, and VMS NATIONAL PROPERTIES JOINT VENTURE, all having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 ("Sellers"), and 11402 EVANS OMAHA LLC, an Iowa limited liability company, 7349 GRANT OMAHA LLC, an Iowa limited liability company, and 10100 GRAND PLAZA OMAHA LLC, an Iowa limited liability company, all having an address at 550 Sherbrooke, Suite 1480, Montreal, QC, Canada H3A 1B9 ("Purchasers").
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 15th, 2011 • Consolidated Capital Properties Iv • Real estate investment trusts • Delaware
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of November 15, 2011, is by and among CONSOLIDATED CAPITAL PROPERTIES IV, LP, a Delaware limited partnership (“CCP IV”), AIMCO CCP IV MERGER SUB LLC, a Delaware limited liability company (the “Aimco Subsidiary”), and AIMCO PROPERTIES, L.P., a Delaware limited partnership (“Aimco OP”).
EIGHTH AMENDMENT TO THE LIMITED PARTNERSHIP AGREEMENT OF CONSOLIDATED CAPITAL PROPERTIES IV, LPConsolidated Capital Properties Iv • November 14th, 2008 • Real estate investment trusts • Delaware
This EIGHTH AMENDMENT TO THE LIMITED PARTNERSHIP AGREEMENT OF CONSOLIDATED CAPITAL PROPERTIES IV, LP, dated as of March 18, 2008 (this “Amendment”), is by and among ConCap Equities, Inc., a Delaware corporation (the “General Partner”), and the Limited Partners. All capitalized terms used in this Amendment but not otherwise defined herein shall have the respective meanings given to them in the Partnership Agreement (as defined below).
SECOND AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 27th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Second Amendment”) is made and entered into as of the 6th day of October, 2008, by and among by the selling parties identified on Seller Information Schedule attached as Schedule 1 to the Agreement (as that term is defined below) each having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “Seller” and collectively “Sellers”), and JRK BIRCHMONT ADVISORS, LLC, a Delaware limited liability company and JRK PROPERTY HOLDINGS, INC., a California corporation, each having a principal address at 11766 Wilshire Boulevard, Suite 1450, Los Angeles, California 90025 (collectively as “Purchaser”), or its permitted assignee or assignees as provided in Section 14.4 of the Agreement.
SECOND AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • July 15th, 2010 • Consolidated Capital Properties Iv • Real estate investment trusts
This Second Amendment to Purchase and Sale Contract (this “Amendment”) is made as of July 13, 2010 between CCP IV ARBOURS OF HERMITAGE, LLC, a Delaware limited liability company ("Seller") and NEYLAND APARTMENT ASSOCIATES LLC, a Tennessee limited liability company (“Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 6th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
THIS FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “First Amendment”) is made and entered into as of the 2nd day of October, 2008, by and among by the selling parties identified on Seller Information Schedule attached as Schedule 1 to the Agreement (as that term is defined below) each having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “Seller” and collectively “Sellers”), and JRK BIRCHMONT ADVISORS, LLC, a Delaware limited liability company and JRK PROPERTY HOLDINGS, INC., a California corporation, each having a principal address at 11766 Wilshire Boulevard, Suite 1450, Los Angeles, California 90025 (collectively as “Purchaser”), or its permitted assignee or assignees as provided in Section 14.4 of the Agreement, and is joined by AIMCO PROPERTIES, L.P., a Delaware limited partnership (the “Guarantor”).
REINSTATEMENT OF AND AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • February 2nd, 2011 • Consolidated Capital Properties Iv • Real estate investment trusts
WHEREAS, Seller and Purchaser entered into a Purchase and Sale Contract dated as of December 8, 2010 (the “Agreement”) with respect to the sale of certain property known as The Arbours of Hermitage Apartments located in Hermitage, Tennessee, as described in the Agreement;
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • July 12th, 2010 • Consolidated Capital Properties Iv • Real estate investment trusts
This First Amendment to Purchase and Sale Contract (this “Amendment”) is made as of July 8, 2010 between CCP IV ARBOURS OF HERMITAGE, LLC, a Delaware limited liability company ("Seller") and NEYLAND APARTMENT ASSOCIATES LLC, a Tennessee limited liability company (“Purchaser”).
THIRD AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 27th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
THIS THIRD AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Third Amendment”) is made and entered into as of the 21st day of October, 2008, by and among by the selling parties identified on Seller Information Schedule attached as Schedule 1 to the Agreement (as that term is defined below) each having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “Seller” and collectively “Sellers”), and JRK BIRCHMONT ADVISORS, LLC, a Delaware limited liability company and JRK PROPERTY HOLDINGS, INC., a California corporation, each having a principal address at 11766 Wilshire Boulevard, Suite 1450, Los Angeles, California 90025 (collectively as “Purchaser”), or its permitted assignee or assignees as provided in Section 14.4 of the Agreement.
SECOND AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 6th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts
This Second Amendment to Purchase and Sale Contract (this “Amendment”) is made as of September 25, 2008, between CONCAP RIVER’S EDGE ASSOCIATES, LTD. (“Seller”) and HAMILTON ZANZE & COMPANY(“Purchaser”).
THIRD AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 6th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts
This Third Amendment to Purchase and Sale Contract (this “Amendment”) is made as of September 26, 2008, between CONCAP RIVER’S EDGE ASSOCIATES, LTD. (“Seller”) and HAMILTON ZANZE & COMPANY(“Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • January 24th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT (this "First Amendment") is made as of the 18th day of January, 2007 (the "First Amendment Date"), by and between CONSOLIDATED CAPITAL PROPERTIES IV, a California limited partnership ("CCP IV"), APARTMENT ASSOCIATES, LTD., a Texas limited partnership ("AA") and VMS NATIONAL PROPERTIES JOINT VENTURE ("VMS"), all having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (CCP IV, AA and VMS are individually a "Seller" and collectively "Sellers"), and NORTHVIEW REALTY GROUP, INC., a Canadian corporation, having a principal address at 550 Sherbrooke, Suite 1480, Montreal, QC, Canada H3A 1B9 ("Purchaser").
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • January 19th, 2007 • Consolidated Capital Properties Iv • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE CONTRACT (this "First Amendment") is made as of the 12th day of January, 2007 (the "First Amendment Date"), by and between CONCAP CITADEL ASSOCIATES, LTD., a Texas limited partnership, having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 ("Seller"), and CASH INVESTMENTS OF EL PASO, LLC, a Texas limited liability company, having a principal address at 8201 Lockheed, Suite 235, El Paso, Texas 79925 ("Purchaser").
DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILINGSecurity Agreement and Fixture Filing • March 31st, 2006 • Consolidated Capital Properties Iv • Real estate investment trusts
THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING ("Security Instrument") is made as of this 30th day of November, 2005 by CCP IV ASSOCIATES, LTD., a Texas limited partnership, c/o AIMCO, Stanford Place 3, 4582 S. Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, Attention: Patti K. Fielding, as trustor ("Borrower"), to THE PUBLIC TRUSTEE OF EL PASO COUNTY, as trustee ("Trustee"), for the benefit of GMAC COMMERCIAL MORTGAGE BANK, a Utah industrial bank, 6955 Union Park Center, Suite 330, Midvale, Utah 84047, Attention: President, with a copy to GMAC Commercial Mortgage Corporation, 200 Witmer Road, Horsham Pennsylvania 19044, as beneficiary (together with its successors and assigns, "Lender").
SEVENTH AMENDMENT TO THE LIMITED PARTNERSHIP AGREEMENT OF CONSOLIDATED CAPITAL PROPERTIES IVConsolidated Capital Properties Iv • November 13th, 2006 • Real estate investment trusts • California
THIS SEVENTH AMENDMENT TO THE LIMITED PARTNERSHIP AGREEMENT OF CONSOLIDATED CAPITAL PROPERTIES IV (this "Amendment") is entered into as of October 15, 2006, by and among ConCap Equities, Inc., a Delaware corporation (the "General Partner"), and each of the Limited Partners. All capitalized terms used in this Amendment but not otherwise defined herein shall have the meanings given to them in the Partnership Agreement (as defined below).
Exhibit 10.73 Loan No. 734079796 Post RidgeMultifamily Note • March 27th, 1997 • Consolidated Capital Properties Iv • Real estate investment trusts
This AMENDED AND RESTATED MULTIFAMILY NOTE (together with all extensions, renewals, modification, substitutions and amendments thereof and all instruments from time to time issued in exchange therefor collectively referred to herein as the "Note") in the principal sum of FOUR MILLION FIFTY THOUSAND AND 00/100 DOLLARS ($4,050,000) in lawful money of the United States of America is made this 1st day of November, 1996, between the Maker, POST RIDGE ASSOCIATES, LTD., LIMITED PARTNERSHIP, a Tennessee limited partnership, whose address is c/o Insignia Financial Group, Inc., 1 Insignia Financial Plaza, Greenville, South Carolina 29602 (herein "Borrower"), and the Payee, LEHMAN BROTHERS HOLDING INC. d/b/a Lehman Capital, A Division of Lehman Brothers Holdings Inc. a corporation, organized and existing under the laws of Delaware, whose address is Three World Financial Center, New York, New York 10285 (herein "Lender"). WHEREAS, Borrower has executed and delivered that certain Multifamily Note d
THIRD AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • August 12th, 2010 • Consolidated Capital Properties Iv • Real estate investment trusts
This Third Amendment to Purchase and Sale Contract (this “Amendment”) is made as of August 9, 2010 between CCP IV ARBOURS OF HERMITAGE, LLC, a Delaware limited liability company ("Seller") and NEYLAND APARTMENT ASSOCIATES LLC, a Tennessee limited liability company (“Purchaser”).
FIRST AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • October 6th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts
This First Amendment to Purchase and Sale Contract (this “Amendment”) is made as of September 15, 2008, between CONCAP RIVER’S EDGE ASSOCIATES, LTD. (“Seller”) and HAMILTON ZANZE & COMPANY(“Purchaser”).
FOURTH AMENDMENT TO PURCHASE AND SALE CONTRACTPurchase and Sale Contract • December 19th, 2008 • Consolidated Capital Properties Iv • Real estate investment trusts • Colorado
THIS FOURTH AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Fourth Amendment”) is made and entered into as of the 16th day of December, 2008, by and among FOOTHILL CHIMNEY ASSOCIATES LIMITED PARTNERSHIP, a Georgia limited partnership, and AMBASSADOR IV, L.P., a Delaware limited partnership, each having an address at 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (individually a “Seller” and collectively “Sellers”), and BELMONT PLACE APARTMENTS, LLC, a Delaware limited liability company, and LAUREL HILLS APARTMENTS, LLC, a Delaware limited liability company, each having a principal address at 11766 Wilshire Boulevard, Suite 1450, Los Angeles, California 90025 (individually a “Purchaser” and collectively as “Purchaser”).
