EX-10.9






CONFIRMATION




     



	 	 	 	 	 
	Date:
	 	March 10, 2008
	To:
	 	G&E HEALTHCARE REIT FORT ROAD MEDICAL, LLC
	 
	 	c/o Triple Net Properties, LLC
	 
	 	1551 N. Tustin Avenue, Suite 200
	 
	 	Santa Ana, CA  92705
	 
	 	Attn: Danny Prosky
	 
	 	Fax:  714-918-9102
	 
	 	Phone: 714-667-8252 x315
	From:
	 	LASALLE BANK NATIONAL ASSOCIATION
	 
	 	540 West Madison, Suite 2132
	 
	 	Chicago, IL  60661
	 
	 	Fax: (312) 992-5847
	 
	 	Re: Swap Transaction [No. INF 32215/49468]






     



Ladies/Gentlemen:



The purpose of this letter agreement is to set forth the terms and conditions of the Swap
Transaction entered into between us on the Trade Date specified below (the “Swap Transaction”).
This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement
specified below.



The definitions and provisions contained in the 2000 ISDA Definitions (as published by the
International Swaps and Derivatives Association, Inc. (“ISDA”)), without regard to subsequent
amendments or revisions thereto, are incorporated into this Confirmation. In the event of any
inconsistency between those definitions and provisions of this Confirmation, this Confirmation will
govern. Each party represents and warrants to the other that (i) it is duly authorized to enter
into this Swap Transaction and to perform its obligations hereunder and (ii) the person executing
this Confirmation is duly authorized to execute and deliver it.



1. This Confirmation supplements, forms a part of, and is subject to, the 1992 the ISDA Master
Agreement in the form published by ISDA (Local Currency—Single Jurisdiction) (the “Agreement”) as
if you and we had executed the Agreement (but without any Schedule thereto). The Agreement shall
be governed by and construed in accordance with the laws of the State of New York without reference
to choice of law doctrine and the parties shall be deemed to have elected Market Quotation and
Second Method as the payment measure and payment method, respectively, under the Agreement. This
letter agreement shall constitute a Confirmation under the Agreement. In addition, you and we
agree to use our best efforts to promptly negotiate, execute, and deliver an ISDA Master Agreement
(as published by ISDA) including a Schedule thereto (a “Full ISDA Agreement”). It shall constitute
an Additional Termination Event under the Agreement if a Full ISDA Agreement is not fully executed
and delivered by both parties by the 60th day after the Trade Date. In connection with such
Additional Termination Event, you shall be deemed the Affected Party. Upon execution and delivery
by both parties of a Full ISDA Agreement, this letter agreement shall constitute a Confirmation
thereunder and the Agreement (including the Additional Termination Event referred to in this
paragraph) shall be deemed terminated.



2. The terms of the particular Swap Transaction to which this Confirmation relates are as follows:



	 	 	 
	Notional Amount:

	 	USD 5,800,000.00
	Trade Date:

	 	March 6, 2008
	Effective Date:

	 	March 10, 2008
	Termination Date:

	 	March 6, 2011






Fixed Amounts:




	 	 	 	Fixed Rate Payer: G&E HEALTHCARE REIT FORT ROAD MEDICAL, LLC





Fixed Rate: 3.05




Fixed Rate




	 	 	 	Payer Payment Date: The 1st day of each month commencing on April 1, 2008 to and
including the Termination Date, subject to adjustment in accordance with the Modified
Following Business Day Convention





	 	 	 
	Fixed Rate

Day Count Fraction:

	 	

Actual/360
	Floating Amounts:

	 	

	Floating Rate Payer:

	 	LASALLE BANK NATIONAL ASSOCIATION







Floating Rate




	 	 	 	Payer Payment Date: The 1st day of each month commencing on April 1, 2008 to and
including the Termination Date, subject to adjustment in accordance with the Modified
Following Business Day Convention





	 	 	 	 	 
	Floating Rate Option:
	 	USD-LIBOR-BBA
	Designated Maturity:
	 	1 month
	Initial Floating Rate:
	 	 	3.05813	%
	Spread:
	 	None
	Floating Rate
Day Count Fraction:
	 	Actual/360







Reset Dates: The first day of each Calculation Period



	 	 	 
	Method of Averaging:Inapplicable

	Compounding:

	 	Inapplicable
	Business Days:

	 	New York and London
	Calculation Agent:

	 	LASALLE BANK NATIONAL ASSOCIATION






3. Offices:




	(a)	 	The Office of the Fixed Rate Payer for this Swap





Transaction is Santa Ana, CA.



(b) The Office of the Floating Rate Payer for this Swap



Transaction is Chicago, IL.



4. Account Details:



Payments to LASALLE BANK NATIONAL ASSOCIATION:




LASALLE BANK NATIONAL ASSOCIATION, ABA #0710-0050-5, A/C 2090102-9030, Attn: Derivative
Operations



Payments to G&E HEALTHCARE REIT FORT ROAD MEDICAL, LLC:



Please Advise



5. Other Provisions:



Assignment: This Swap Transaction may be assigned only




with prior written consent




	 	 	 	Netting: The parties hereto hereby agree that subparagraph (ii) of Part 2(c) of the
Agreement shall not apply to any Swap Transaction





6. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT



To help the government fight the funding of terrorism and money laundering activities, Federal
law requires all financial institutions to obtain, verify, and record information that identifies
each entity or person that opens an account.



When you open an account, we will ask for the business’ full legal name, street address, and
tax identification number and other information that will assist us in identifying the business.
We may also ask for other identifying information such as your date of birth and a copy of your
driver’s license.



Please confirm that the foregoing correctly sets forth the terms and conditions of our
agreement by responding within ten (10) Business Days by either (i) returning via facsimile an
executed copy of this Confirmation to the attention of Derivative Client Services (fax number:
(312) 992-5847 and phone number: (312) 992-5844), or (ii) sending a facsimile to the attention of
Derivative Client Services substantially to the following effect: “We acknowledge receipt of your
fax dated March 6, 2008 with respect to a Swap Transaction between G&E HEALTHCARE REIT FORT ROAD
MEDICAL, LLC and LASALLE BANK NATIONAL ASSOCIATION with an Effective Date of March 10, 2008 and a
Termination Date of March 6, 2011 and confirm that such fax correctly sets forth the terms of our
agreement relating to the Swap Transaction described therein. Very truly yours,
     , by (specify name and title of authorized officer).” Failure to respond
within such period shall not affect the validity or enforceability of this Swap Transaction, and
shall be deemed to be an affirmation of the terms and conditions contained herein, absent manifest
error.



Yours sincerely,



LASALLE BANK NATIONAL ASSOCIATION



	 	 	 	 	 
	By: /s/ Lily Levin

	 	_
	 	By: /s/ James M. Jarosz
	Name: Lily Levin

	 	 	 	Name: James M. Jarosz
	Title: Vice President

	 	 	 	Title: Vice President






Confirmed as of the date first written:



G&E HEALTHCARE REIT FORT ROAD MEDICAL, LLC



By: /s/ Shannon K S Johnson

Name: Shannon K S Johnson

Title: Authorized Signatory