include the plural and vice versa. Titles
of articles and sections are for convenience only and in no way define, limit,
amplify or describe the scope or intent of any provisions hereof. Time is of the
essence with respect to all provisions of this Note. This Note and the other
Loan Documents contain the entire agreements between the parties hereto relating
to the subject matter hereof and thereof and all prior agreements relative
hereto and thereto which are not contained herein or therein are terminated.
4.2. Taxpayer Identification. The Tax Identification Number of Apartment
REIT Hidden Lakes, LP is 20-8104293.
[The Remainder of the Page is Intentionally Blank]
12
THIS NOTE AND THE OTHER LOAN DOCUMENTS EMBODY THE FINAL ENTIRE AGREEMENT
AMONG THE PARTIES HERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS,
AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL,
RELATING TO THE SUBJECT MATTER HEREOF AND THEREOF AND MAY NOT BE CONTRADICTED OR
VARIED BY EVIDENCE OF PRIOR CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR
DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO ORAL AGREEMENTS AMONG THE
PARTIES HERETO. THIS NOTE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES
RESPECTING THE MATTERS HEREIN SET FORTH AND SUPERSEDES ALL PRIOR AGREEMENTS,
WHETHER WRITTEN OR ORAL, BETWEEN THE PARTIES RESPECTING SUCH MATTERS. ANY
AMENDMENTS OR MODIFICATIONS HERETO, IN ORDER TO BE EFFECTIVE, SHALL BE IN
WRITING AND EXECUTED BY THE PARTIES HERETO. A DETERMINATION THAT ANY PROVISION
OF THIS NOTE IS UNENFORCEABLE OR INVALID SHALL NOT AFFECT THE ENFORCEABILITY OR
VALIDITY OF ANY OTHER PROVISION, AND ANY DETERMINATION THAT THE APPLICATION OF
ANY PROVISION OF THIS NOTE TO ANY PERSON OR CIRCUMSTANCE IS ILLEGAL OR
UNENFORCEABLE SHALL NOT AFFECT THE ENFORCEABILITY OR VALIDITY OF SUCH PROVISION
AS IT MAY APPLY TO ANY OTHER PERSONS OR CIRCUMSTANCES.
IN WITNESS WHEREOF, Borrower has executed this Note as of the date first
written above.
BORROWER:
APARTMENT REIT HIDDEN LAKES, LP,
a Texas limited partnership
By:
Apartment REIT Hidden Lakes GP, LLC,
a
Delaware limited liability company,
its General Partner
By:
NNN Apartment REIT Holdings, L.P.,
a Virginia limited partnership,
its Manager
By:
NNN Apartment REIT, Inc.,
a Maryland corporation,
its General Partner
By:
/s/ Andrea R. Biller
Name:
Andrea R. Biller
Title:
Secretary
ANNEX 1
TO $19,218,000 PROMISSORY NOTE
(Loan No.: 50-2859027)
[SEE ATTACHED]