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DSTs can be structured as a pass through entity, so that any income will go straight to each individual trustee’s Form 1040 and state’s tax returns, thus avoiding income tax at the entity level.THIS AMENDED AND RESTATED CORPORATE GOVERNANCE AGREEMENT (this Agreement), dated as of January 7, 2014, is made and entered into by and among: (i) LANDMARK APARTMENT TRUST OF AMERICA, INC., a Maryland corporation (the Company); (ii) ELCO LANDMARK RESIDENTIAL HOLDINGS LLC, a Delaware limited liability company (EL); (iii) 2335887 LIMITED PARTNERSHIP, an Ontario limited partnership (OPT); (iv) DK LANDMARK, LLC, a Florida limited liability company (DB); (v) ISTAR APARTMENT HOLDINGS LLC, a Delaware limited liability company (i Star Financial and together with its Affiliates and permitted assignees and transferees, i Star); (vi) BREDS II Q LANDMARK LLC, a Delaware limited liability company (BREDS Financial and together with its Affiliates and permitted assignees and transferees, BREDS); (vii) Joseph G.Capitalized terms not otherwise defined herein shall have their respective meanings set forth in the Credit Agreement.THIS MODIFICATION OF DEED OF TRUST AND OTHER LOAN DOCUMENTS (this Agreement) is made as of the 15th day of May, 2009, but is effective as of May 12, 2009, by and among NNN VF 901 CIVIC, LLC, a Delaware limited liability company, whose mailing address is c/o Grubb & Ellis Realty Investors, LLC, 1551 North Tustin Avenue, Suite 200, Santa Ana, California 92705 and NNN 901 CIVIC, LLC, a Delaware limited liability company, whose mailing address is c/o Grubb & Ellis Realty Investors, LLC, 1551 North Tustin Avenue, Suite 200, Santa Ana, California 92705 (jointly, "Borrower), NNN 2003 VALUE FUND, LLC, a Delaware limited liability company (Guarantor) and BANK OF AMERICA, N.Biller (Assignor) and Grubb & Ellis Equity Advisors, LLC, a Delaware limited liability company (GEEA) and Grubb & Ellis Equity Advisors, Property Management, Inc., a Delaware corporation (GEEA PM, and together with GEEA, Assignee).This Separation Agreement and General Release of all Claims (Agreement) is made by and between Andrea R.It used to be that only large institutional investors such as life insurance companies, pension funds, real estate investment trusts (REITS), college endowments and foundations were able to invest in these properties.Now as a viable 1031 exchange replacement property option through a DST, individual investors have the ability to invest in a diversified selection of institutional quality, investment property types that they otherwise could not purchase individually.

Since the year 2000, Delaware statutory trusts have increasingly been used as a form of tax deferral, asset protection, and balance sheet advantages in real estate, securitization, mezzanine financing, real estate investment trusts (REITs), and mutual funds.Massachusetts, another state that has trust law, refers to its legal entity as a Massachusetts business trust.Most states, however, still rely on Common Law to oversee the trusts within their jurisdiction.Biller (Employee) and Grubb & Ellis Company (the Parent Company), including all of Parent Companys current and former parents, subsidiaries, affiliates and related entities (all current and former parents, subsidiaries, affiliates and related entities, along with the Parent Company, are collectively referred to as Grubb & Ellis).Reference is made to the Second Amended and Restated Credit Agreement dated as of December 7, 2007 (as amended by that certain First Letter Amendment dated as of August 4, 2008, the Credit Agreement) by and among Grubb & Ellis Company (the Borrower), the guarantors named therein, Deutsche Bank Trust Company Americas, as administrative agent (the Administrative Agent), the financial institutions identified therein as lender parties (the Lender Parties), Deutsche Bank Trust Company Americas, as syndication agent, and Deutsche Bank Securities Inc., as sole book running manager and sole lead arranger.

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