TERM LOAN AGREEMENT by and between KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company, as Borrower, and BANK OF AMERICA, N.A., a national banking association, as Lender, with respect to RBC Plaza and Gaviidae Commons II,...Term Loan Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Minnesota
This Term Loan Agreement (this “Agreement”) is made as of the 31st day of January, 2013, by and between KBSIII 60 SOUTH SIXTH STREET, LLC, a Delaware limited liability company (“Borrower”), and BANK OF AMERICA, N.A., a national banking association (“Lender”).
MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING by KBSIII 60 South Sixth Street, LLC, a Delaware limited liability company, as Mortgagor, to and in favor of Bank of America, N.A., a national banking association, as...KBS Real Estate Investment Trust III, Inc. • February 6th, 2013 • Real estate investment trusts
This Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing is made as of January 31, 2013, by KBSIII 60 South Sixth Street, LLC, a Delaware limited liability company (herein referred to as “Mortgagor”), whose address is c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, Attention: Todd Smith, Vice President – Controller, Corporate, and c/o KBS Capital Advisors LLC, 620 Newport Center Drive, Suite 1300, Newport Beach, California 92660, Attention: Giovanni Cordoves, Vice President, Asset Management, to Bank of America, N.A., a national banking association (“Lender”), whose address is 5 Park Plaza, Suite 500, Irvine, California 92614, Attention: Commercial Real Estate Banking.
AMENDED AND RESTATED PROMISSORY NOTE (Revolving Loan)KBS Real Estate Investment Trust III, Inc. • February 6th, 2013 • Real estate investment trusts
This Note is one of one or more promissory notes in the aggregate principal amount of $200,000,000.00 issued pursuant to the Loan Agreement (collectively, the “Note”), which Note is secured, inter alia, by each Deed of Trust (as defined in the Loan Agreement), executed by a Borrower and given to Agent, covering a Property (as defined in the Loan Agreement). All of
PURCHASE AND SALE AGREEMENTLetter Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
To: KBS Capital Advisors LLC, a Delaware limited liability company, and its successors and assigns (“Buyer”), and SP III 909 Lake Carolyn Parkway, L.P., a Delaware limited partnership (“Landlord”)
Guaranty AgreementGuaranty Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Guaranty Agreement (this “Guaranty”) is made as of the 31st day of January, 2013, by KBS REIT Properties III, LLC, a Delaware limited liability company (“Guarantor”), in favor of Bank of America, N.A., a national banking association (together with its successors and assigns, “Lender”).
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sheppard, Mullin, Richter & Hampton LLPThird Modification and Additional Advance Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
REINSTATEMENT AND FIRST AMENDMENT TO SALE, PURCHASE AND ESCROW AGREEMENTJoinder and Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Declaration of Easements and Covenants (this “Declaration”) is made as of this day of , 2013, by Brookfield DB Inc., a Minnesota corporation (“Declarant”).
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sheppard, Mullin, Richter & Hampton LLPThird Modification and Additional Advance Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Texas
AMENDED AND RESTATED PROMISSORY NOTE (Revolving Loan)KBS Real Estate Investment Trust III, Inc. • February 6th, 2013 • Real estate investment trusts
This Note is one of one or more promissory notes in the aggregate principal amount of $200,000,000.00 issued pursuant to the Loan Agreement (collectively, the “Note”), which Note is secured, inter alia, by each Deed of Trust (as defined in the Loan Agreement), executed by a Borrower and given to Agent, covering a Property (as defined in the Loan Agreement). All of
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • February 6th, 2013 • 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 60 SOUTH SIXTH STREET, LLC, a Delaware limited partnership (“Assignee”), as of January 18, 2013 (“Effective Date”).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTLetter Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “First Amendment”) is made as of the 19th day of December, 2012, by and between SP III 909 LAKE CAROLYN PARKWAY, L.P., a Delaware limited partnership (“Seller”), and KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company (“Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
ASSUMPTION AND JOINDER AGREEMENTAssumption and Joinder Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This ASSUMPTION AND JOINDER AGREEMENT, dated as of January 29, 2013 (this “Joinder Agreement”), is made by KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company (the “Additional Borrower”), each of the other Borrowers party to the Loan Agreement referred to below, and U.S. Bank National Association, a national banking association, as administrative agent for the Lenders party to the Loan Agreement referred to below (“Agent”) and the Lenders described below.
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Sheppard, Mullin, Richter & Hampton LLPThird Modification and Additional Advance Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • Utah
SALE, PURCHASE AND ESCROW AGREEMENT BETWEEN BROOKFIELD DB INC. (Seller) AND KBS CAPITAL ADVISORS LLC (Purchaser) AND COMMONWEALTH LAND TITLE INSURANCE COMPANY (Escrow Agent)Sale, Purchase and Escrow Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts
This Declaration of Easements and Covenants (this “Declaration”) is made as of this day of , 2013, by Brookfield DB Inc., a Minnesota corporation (“Declarant”).
THIRD MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Long Form)And Additional Advance Agreement • February 6th, 2013 • KBS Real Estate Investment Trust III, Inc. • Real estate investment trusts • California
This THIRD MODIFICATION AND ADDITIONAL ADVANCE AGREEMENT (Long Form) (this “Agreement”) is dated as of January 29, 2013, by and among KBSIII DOMAIN GATEWAY, LLC, a Delaware limited liability company, KBSIII LAS CIMAS IV, LLC, a Delaware limited liability company, and KBSIII 1550 WEST MCEWEN DRIVE, LLC, a Delaware limited liability company (individually and collectively, “Original Borrower”), KBSIII 155 NORTH 400 WEST, LLC, a Delaware limited liability company (“Additional Borrower” and, together with Original Borrower, collectively, the “Existing Borrower”), KBSIII TOWER AT LAKE CAROLYN, LLC, a Delaware limited liability company (the “Lake Carolyn Borrower” and, together with the Original Borrower and the Additional Borrower, individually or collectively as the context may require, “Borrower” or “Borrowers”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Agent”), U.S. BANK NATIONAL ASSOCIATION, a national banking association (“U.S. Bank”), as
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • February 6th, 2013 • 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 Tower at Lake Carolyn, LLC, a Delaware limited liability company (“Assignee”), as of December 18, 2012 (“Effective Date”).
