Pages where confidential treatment has been requested are stamped:
“Confidential treatment has been requested.
Redacted material has been separately filed with the Commission.”
All redacted material has been marked by the symbol: [***].
Exhibit 10.20(b) —
Exhibits and Schedules to Loan Agreement between Bonstores Realty One, LLP and Bank
of America, N.A.
Form of Tenant Estoppel Certificate
Date: As of March 6, 2006
This Certificate is given to BANK OF AMERICA, N.A. (together with successors and assigns, collectively,
the “ Lender ”) and BONSTORES REALTY ONE, LLC, a Delaware limited liability company (“ Landlord ”),
by HERBERGER’S DEPARTMENT STORES, LLC, a Minnesota limited liability company (“ Tenant ”), with
the understanding that the Lender and Landlord and their respective counsel will rely on this Certificate in
connection with a proposed mortgage loan (the “ Loan ”) on West Acres Mall, Fargo, North Dakota 58103 (the
“ Property ”).
Tenant hereby certifies as follows:
1. The undersigned is the Tenant under that certain Lease dated as of March 6, 2006 (the “ Lease ”) executed by
Landlord, as landlord and Tenant, as tenant. A true, correct and complete copy of the Lease, together with any
amendments, modifications and supplements thereto, is attached hereto. The Lease is the entire agreement
between Landlord (or any affiliated party) and Tenant (or any affiliated party) pertaining to the leased premises.
There are no amendments, modifications, supplements, arrangements, side letters or understandings, oral or
written, of any sort, of the Lease.
2. Tenant’s Lease terms: the expiration date of the term of the Lease is April 30, 2021; the current fixed annual
minimum rent is $740,588.00, payable monthly in arrears on the last Business Day of each calendar month; the
first payment of $51,841.16 is due on March 6, 2006; the next rent payment of $61,715.67 is due on April 30,
2006; no rent has