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FUTURE ADVANCE PROMISSORY NOTE

Promissory Note

FUTURE ADVANCE PROMISSORY NOTE | Document Parties: STRATEGIC STORAGE TRUST, INC. | BB&T Real Estate Funding LLC You are currently viewing:
This Promissory Note involves

STRATEGIC STORAGE TRUST, INC. | BB&T Real Estate Funding LLC

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Title: FUTURE ADVANCE PROMISSORY NOTE
Governing Law: Mississippi     Date: 3/17/2009

FUTURE ADVANCE PROMISSORY NOTE, Parties: strategic storage trust  inc. , bb&t real estate funding llc
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FUTURE ADVANCE
PROMISSORY NOTE

 

$975,000.00

 

Birmingham, Alabama
March 16, 2009

     For value received, SSTI 15 McClure Dr, LLC, a Delaware limited liability company (“McClure”), and SSTI 1742 Pass Rd, LLC, a Delaware limited liability company (“Pass”), jointly and severally (McClure and Pass being hereinafter referred to jointly and severally as“Borrower”), having its principal place of business at 111 Corporate Drive, Suite 120, Ladera Ranch, California 92694, promises to pay to the order of BB&T Real Estate Funding LLC , a North Carolina limited liability company, whose address is 524 Lorna Square, Birmingham, Alabama 35216 (“Lender”), or at such place as the holder hereof may from time to time designate in writing, the principal sum of Nine Hundred Seventy-Five Thousand and No/100 Dollars ($975,000.00), in lawful money of the United States of America, with interest thereon to be computed from the date of this Note at the Applicable Interest Rate (hereinafter defined), and to be paid in installments as follows:

ARTICLE 1: PAYMENT TERMS

A. Borrower will pay interest on the principal balance outstanding hereunder from time to time at an annual rate (the “Applicable Interest Rate”) which from the date of this Note through and including the last day of the current month shall be six and one half percent (6.50%) per annum. The Applicable Interest Rate shall be adjusted on the first day of each month thereafter (the dates on which such adjustments occur shall be referred to herein as “Rate Adjustment Dates”) to a rate equal to the sum of the London Interbank Offered Rate for deposits of U.S. dollars in the London Interbank eurodollar market for an interest period of three months (the “Three-Month LIBOR”) which is in effect on the Business Day prior to the applicable Rate Adjustment Date as determined by Lender plus 450 basis points (4.50%), provided that the Applicable Interest Rate shall not be less than 6.50%. All interest under this Note shall be calculated on the basis of the actual number of days elapsed over a three hundred sixty (360) day year.

B. Borrower shall pay to Lender on the date hereof the amount of interest which will accrue at the Applicable Interest Rate from the date hereof through and including the last day of the current month. Thereafter, monthly payments of interest only at the Applicable Interest Rate shall be due and payable commencing on the first day of May, 2009, and continuing on the first day of each month thereafter until and including the first day of April, 2010. Thereafter, monthly payments of principal and interest based on the outstanding principal balance, the Applicable Interest Rate and the then remaining term of a thirty (30) year amortization schedule commencing as of May 1, 2010 shall be due and payable on the first day of May, 2010, and continuing on the first day of each month thereafter until the first day of April, 2011. Thereafter, monthly payments of principal and interest based on the outstanding principal balance, the Applicable Interest Rate and the then


remaining term of a twenty-five (25) year amortization schedule commencing as of May 1, 2011 shall be due and payable on the first day of May, 2011, and continuing on the first day of each month thereafter until the first day of April, 2012 (the “Maturity Date”). The outstanding principal balance, together with all accrued and unpaid interest and all other sums due hereunder, shall be due and payable in full on the Maturity Date. Borrower’s monthly payments will be applied in Lender’s sole discretion first to late charges, then to any other sums due under this Note or the other Loan Documents (hereinafter defined), if any, then to the replenishment of escrows and reserves maintained by Lender under the Loan Documents, then to accrued but unpaid interest and then to the principal balance of this Note.

ARTICLE 2: DEFAULT AND ACCELERATION

The whole of the principal sum of this Note, together with all interest accrued and unpaid thereon and all other amounts or obligations owed under this Note, the Security Instrument and the other Loan Documents (the “Obligations”) shall without notice become immediately due and payable at the option of Lender (i) if any monthly payment due hereunder (other than the payment required at the Maturity Date) is not paid within ten (10) days of its due date, (ii) if the Obligations is not paid in full on or before the Maturity Date, or (iii) upon the happening of any other default, after the expiration of any applicable notice and grace periods, under the terms of this Note, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”). All of the terms, covenants and conditions contained in the Security Instrument and the other Loan Documents are hereby made part of this Note to the same extent and with the same force as if they were fully set forth herein. In the event that it should become necessary to employ counsel to collect or enforce the Obligations or to protect or foreclose the security hereof, Borrower also agrees to pay reasonable attorney's fees for the services of such counsel whether or not suit be brought.

ARTICLE 3: DEFAULT INTEREST

Borrower does hereby agree that upon the occurrence of an Event of Default, Lender shall be entitled to receive and Borrower shall pay interest on the entire unpaid principal sum at the rate of the lesser of (i) 5% above the Applicable Interest Rate, or (ii) the maximum rate of interest which Borrower may by law pay (the “Default Rate”). The Default Rate shall be computed from the occurrence of the Event of Default until such Event of Default is cured or the date upon which the Obligations are paid in full, as the case may be. This charge shall be added to the Obligations, and shall be deemed secured by the Security Instrument. This clause, however, shall not be construed as an agreement or privilege to extend the date of the payment of the Obligations, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default.

ARTICLE 4: PREPAYMENT; EXIT FEE

The principal balance of this Note may not be prepaid in whole or in part prior to April 1, 2010. On April 1, 2010, and at anytime thereafter, the principal balance of this Note may be prepaid, in whole but not in part, upon not less than thirty (30) days prior written notice to Lender

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specifying the date on which prepayment is to be made (the “Prepayment Date”) and upon payment of (a) interest accrued and unpaid on the principal balance of this Note to and including the Prepayment Date, (b) all other sums then due under this Note, the Security Instrument and the other Loan Documents, and (c) the Exit Fee specified hereinbelow.

If following the occurrence of any Event of Default, Borrower shall tender payment of an amount sufficient to satisfy the Obligations in whole or in part at any time prior to a sale of the Property either through foreclosure or the exercise of other remedies available to Lender under the Loan Documents, such tender by Borrower shall be deemed to be a voluntary prepayment under this Note in the amount tendered. If at the time of such tender prepayment of the principal balance of this Note is not permitted by this Note, Borrower shall, in addition to the entire Obligations, also pay to Lender a sum equal to the interest which would have accrued on the principal balance of this Note at the Applicable Interest Rate from the date of such tender to the first day of the period during which prepayment of the principal balance of this Note would have been permitted, together with an amount equal to the Exit Fee. If at the time of such tender prepayment of the principal balance of this Note is permitted, Borrower shall, in addition to the entire Obligations, also pay to Lender the Exit Fee.

Upon the payment in full of the Obligations, whether at the Maturity Date or otherwise, Borrower shall pay to BB&T Real Estate Funding LLC (whether or not it is the Lender hereunder at such time) a $49,750.00 fee (the “Exit Fee”), provided that the Exit Fee shall be reduced to $24,875.00 if the payment of the Obligations is accomplished with financing provided through Grandbridge Real Estate Capital LLC, BB&T Real Estate Funding LLC or an affiliate thereof. In no event shall Grandbridge Real E


 
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