“1 1s -RRBAR BPRS BoD TR ag // ‘NANE ASSIGNMENT OF NOTE AND LIENS: ont STATE OF TEXAS x COUNTY OF HARRIS W Cc This ASSIGNMENT OF NOTE AND LIENS (“Assignment”) is made as of November /%, 2010 by CAPMARK BANK, a Utah industrial bank (“Seller”) in favor of CJUF ly II CENTURION ICON LLC, a Delaware limited liability company (“Purchaser”). WITNESSETH: WHEREAS, Seller is the present owner and holder of that certain Deed of Trust Note dated January 17, 2007 in thie original principal amount of Nineteen Million Three Hundred Eighty-Five Thousand and 00/100 Dollars ($19,385,000.00), made by LH Houston Holding, LP, a Delaware limited partnership (“Borrower”) to the order of Seller, as modified by that certain Extension Agreement dated as of February 9, 2010 and Second Extension Agreement dated as of April 9, 2010 (as modified by such extension agreements, the “Note”), such Note being secured by, among other things, those certain deeds of trust, assignments and other instruments and documents described on Exhibit A attached hereto (collectively, the “Recorded Documents”); and WHEREAS, pursuant to the Mortgage Loan Purchase and Sale Agreement dated as of October 14, 2010, between Seller and Purchaser, as amended by that certain letter agreement between Purchaser and Seller dated October 29, 2010 (as so amended, the “MLPSA"), Seller has agreed to sell and assign all of its right, title and interest in and to the Loan, the Note, the Recorded Documents and all other documents evidencing and/or securing the Loan (collectively, as amended, renewed, extended or restated from time to time, the “Loan Documents”). Initially capitalized terms not otherwise defined herein shall have the meanings given to such terms in the MLPSA; and RP OF4_s8-41673 WHEREAS, pursuant to the MLPSA, Seller and Purchaser have executed that certain Omnibus Assignment and Assumption of Loan Documents dated as of even date herewith (the “Omnibus Assignment”), and WHEREAS, in furtherance of the MLPSA and Omnibus Assignment and not in limitation thereof, Seller desires to execute this Assignment of Note and Liens for purposes of reflecting in the Real Property Records of Harris County, Texas, the assignment of the Recorded Documents by Seller to Purchaser; ‘NOW, THEREFORE, 1, Assignment. For and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and for other good and valuable consideration as set forth in the MLPSA, the receipt and sufficiency of which are hereby acknowledged, and in furtherance of the terms and 2849331provisions of that certain Omnibus Assignment and Assumption of Loan Documents of even date herewith between Seller, as Assignor, and Purchaser, as Assignee, Seller has TRANSFERRED, ASSIGNED, SOLD, GRANTED and CONVEYED and does hereby TRANSFER, ASSIGN, SELL, GRANT and CONVEY, unto Purchaser the Recorded Documents, to have and to hold the same unto Purchaser, its suecessors and assigns forever. 2. No Recourse, IT IS UNDERSTOOD AND AGREED THAT THE ASSIGNMENTS: EFFECTED PURSUANT TO THIS ASSIGNMENT ARE MADE WITHOUT RECOURSE TO SELLER, AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND BY SELLER, EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH IN THE MLPSA. [Remainder of page intentionally blank; signatures follow}oO74—-SB_1675 Re EXECUTED as of the date of the acknowledgement set forth below; to be effective, however, for all purposes as of the date first written above. ‘SELLER: CAPMARK BANK, | ‘8 Utah industrial bank By: Name: Title tEWiS DELARELE r STATEOF Wir auniia. ) : )ss. county or Faxfex ) On Noverloer 15.200 , before me, Belin WN ams . a Notary Public in and for said state, personally appeared Leva “Dela. personally known-to me (or proved to me on the basis of satisfactory evidence) to be the person ‘whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behelf of which the person acted, executed the instrument. WITNESS my band and ofc sel 79 9 L Diese Will gay, Notary Public in and for said State Seti huge My commission expires: 1) /0/20\3 Los Angeles, CA Attention: Ms. St Signature page to Assignment of Note and LiensRP OFa—ss-a6e76 EXHIBIT A TO ASSIGNMENT OF NOTE AND LIENS LOAN DOCUMENTS *Unless otherwise indicated, all Loan Documents are dated as of January 17, 2007, and all recording references are to the Real Property Records of - Harris County, Texas. 1, The Note, defined above. 2. Deed of Trust, Leaschold Deed.of Trust, Assignment of Leases and Profits, Security Agreement and Fixture Filing, executed by LH Houston Holding, LP, as Grantor, and LH Houston Operating, LLC, as Accommodation Grantor, to Eugene F. Segrest, Esq., as Trustee, for the benefit of Capmark Bank, recorded under Clerk’s File No. 20070042233, 3. Assignment of Leases, Rents and Profits, executed by LH Houston Operating, LLC, as Operator Assignor, and LH Houston Holding, LP, as Borrower Assignor, to Capmark Bank, recorded under Clerk's File No, 20070042234. 4. UCC Financing Statement showing LH Houston Holding, LP, as Debtor, LH Houston Operating, LLC, as Additional Debtor, and Capmark Bank, as Secured Party, recorded under Clerk’s File No, 20070042236, 5. Memorandum of Subordination and Intercreditor Agreement between Lowe Hospitality Investment Partners, LLC, as Junior Lender, and Capmark Bank, as Senior Lender, recorded under Clerk’s File No. 20070042235, reflecting the subordination by Junior Lender of the following instruments (collectively, the “Junior Loan Documents”) to the Note and all struments and documents evidencing, securing or relating to the Note: a. $26,000,000 Promissory Note dated as of October 17, 2006, executed by LH Houston Holding, LP, as Borrower, to Junior Lender; be Deed of Trust dated as of October 17, 2006, executed by LH Houston Holding, LP, to Reno Hartfiel, Trustee, for the benefit of Lowe Hospitality Investment Partners, LLC, recorded under Clerk's File No, 20060134615; and c. "UCC Financing Statement from LH Houston Holding, LP, as debtor, to Junior Lender, as secured party, filed in the UCC Records of Harris County, Texas under Instrument No, 2519827. 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