dividing the rentable square footage of the Premises by the total rentable
square footage of the Building and (b) multiplying the quotient by 100.
"Term" means the initial term of this Lease specified in the Basic Terms and, if
applicable, any renewal term then in effect.
"Transfer" means an assignment, mortgage, pledge, transfer, sublease, license or
other encumbrance or conveyance (voluntarily, by operation of law or otherwise)
of this Lease or the Premises or any right, title or interest in or created by
this Lease or the Premises. The term "Transfer" also includes any assignment,
mortgage, pledge, transfer or other encumbering or disposal (voluntarily, by
operation of law or otherwise) of any ownership interest in Tenant or any
Guarantor that results or could result in a change of control of Tenant or any
Guarantor.
EXHIBIT "A"
2040 Main Street
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9/29/04 Office Lease Agreement
EXHIBIT "B"
LEGAL DESCRIPTION OF THE LAND
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF LOT LINE ADJUSTMENT 40088-LL RECORDED SEPTEMBER 14, 1999 AS
INSTRUMENT NO. 199990660556 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM ALL OF PARCEL 7: ALL OIL, OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS
RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR
UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED TOGETHER WITH THE PERPETUAL RIGHT
OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND
REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO
WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN HEREINABOVE
DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE
SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED AND TO BOTTOM SUCH WHIPSTOCK OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR,
DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT HOWEVER, THE RIGHT TO DRILL,
MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED
(500) FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED AS RESERVED BY
IRVINE INDUSTRIAL COMPLEX, IN THE DEEDS RECORDED APRIL 15, 1971, IN BOOK 9606,
PAGE 441, AND RECORDED JANUARY 21, 1974 IN BOOK 11060, PAGE 213, BOTH OF
OFFICIAL RECORDS.
EXHIBIT "B"
2040 Main Street
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9/29/04 Office Lease Agreement
EXHIBIT "C"
FLOOR PLAN
LOGO [g132901img_pg32.jpg]
EXHIBIT "D"
COMMENCEMENT DATE MEMORANDUM
THIS MEMORANDUM is made and entered into as of June
, 2007 by and between
Knobbe, Martens, Olson & Bear, LLP, a California limited liability partnership
("Landlord"), and ECC Capital Corporation, a Maryland corporation ("Tenant").
EXHIBIT "D"
2040 Main Street
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9/29/04 Office Lease Agreement
RECITALS:
1. Landlord and Tenant are party to a certain Office Sublease Agreement dated as
of June _____, 2007 ("Lease"), relating to certain premises ("Premises") in the
building located at 2040 Main Street, Irvine, California ("Building").
2. Landlord and Tenant desire to confirm the Commencement Date (as