Lease Agreement

Exhibit 10.6


LEASE GUARANTY

GUARANTY dated as of September 22, 2004 by WACHOVIA CORPORATION, a North Carolina corporation (" Guarantor" ), in favor of First States Investors 3300, LLC, a Delaware limited liability company (" Guaranteed Party" ), as lessor under that certain Lease Agreement (the " Lease" ), dated of even date herewith, between Guaranteed Party and Wachovia Bank, National Association (" Wachovia" ) with respect to a portion of the property more particularly described on Schedule A attached hereto.

To induce the Guaranteed Party to enter into the Lease and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Guarantor hereby irrevocably and unconditionally guarantees to the Guaranteed Party, all present and future obligations of Wachovia arising out of the Lease to the Guaranteed Party. Upon the failure of Wachovia to punctually fulfill any such obligation following the giving of such notice and the application of such grace or cure period that is provided for under the Lease with respect to a default of Guarantor, and upon written demand by the Guaranteed Party to the Guarantor, the Guarantor agrees to fulfill, or cause to be fulfilled, to the extent such obligation is not performed, the performance of such obligation; provided, that any single or partial exercise by the Guaranteed Party of any right, remedy or power hereunder shall not preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to the Guaranteed Party or allowed it by law shall be cumulative and not exclusive of any other, and may be exercised by the Guaranteed Party at any time or from time to time.


The Guarantor hereby agrees that its obligations hereunder shall be continuing and unconditional and will not be discharged except by full and complete satisfaction of all present and future obligations of Wachovia to the Guaranteed Party arising out of the Lease, irrespective of any change in or amendment to the Lease.


The Guarantor hereby waives diligence, presentment, demand on Wachovia for delivery or otherwise, filing of claims, requirement of a prior proceeding against Wachovia an ...