Vestin Fund Iii LLC Sample Contracts

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RECITALS:
Intercreditor Agreement • August 16th, 2004 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada
VESTIN FUND III, LLC UP TO $120,000,000 12,000,000 UNITS OF LIMITED LIABILITY COMPANY INTEREST AT $10.00 EACH
Vestin Fund Iii LLC • September 2nd, 2003 • Real estate agents & managers (for others) • Nevada
RECITALS:
Intercreditor Agreement • August 16th, 2004 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada
ACCOUNTING SERVICES AGREEMENT
Accounting Services Agreement • May 14th, 2009 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada

This Accounting Services Agreement (the “Agreement”) is made and entered into as of this ____ day of April, 2009, by and between Strategix Solutions, LLC, a Nevada limited liability company (“Strategix”), having its primary place of business at 3441 S. Eastern Ave., Las Vegas, Nevada 89169 and Vestin Fund III, LLC., a Nevada limited liability company (“Vestin”), having its primary place of business at 6149 S. Rainbow Blvd., Las Vegas, Nevada 89118.

ARTICLE I DEFINITIONS
Participation Agreement • August 16th, 2004 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada
INTERCREDITOR AGREEMENT
Intercreditor Agreement • November 8th, 2006 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada

THIS INTERCREDITOR AGREEMENT, dated as of October 13, 2006 (this “Agreement”), is entered into by and between VESTIN MORTGAGE, INC., a Nevada corporation (“Vestin”), VESTIN ORIGINATIONS, INC., a Nevada corporation (“Originations”), VESTIN REALTY MORTGAGE I, Inc., a Maryland corporation (“VRM I”), VESTIN REALTY MORTGAGE II, Inc., a Maryland corporation (“VRM II”) and VESTIN FUND III, LLC, a Nevada limited liability company (“VF III”) whose principal place of business and post office address is 8379 West Sunset Road, Las Vegas, Nevada. 89113, (individually, “Lead Lender, or collectively, “Lead Lenders” and OWENS FINANCIAL GROUP, INC.., a California corporation (“Owens Financial”) and OWENS MORTGAGE INVESTMENT FUND, a California Limited Partnership (“Owens Mortgage Investment Fund”) whose principal place of business and post office address is 2221 Olympic Boulevard, Walnut Creek, California 94595, (individually, a “Lender”, or collectively, “Lenders”)

RECITALS
Assignment Agreement • August 16th, 2004 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • California
VESTIN FUND III, LLC UP TO $120,000,000 (UNITS OF LIMITED LIABILITY COMPANY INTEREST) DEALER MANAGER AGREEMENT _______ __, 2003
Escrow Agreement • September 2nd, 2003 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada
DEED IN LIEU AGREEMENT
Deed in Lieu Agreement • March 16th, 2012 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Texas

THIS DEED IN LIEU AGREEMENT (“Agreement”) is entered into as of February 7, 2012 (the “Effective Date”), by and among PRESIDIO HOTEL FORT WORTH, L.P., a Texas limited partnership (“Borrower”), PHM SERVICES, INC., a Nevada corporation (“PHM Services”), and PRESIDIO FT. WORTH HOTEL, L.L.C., a Nevada limited liability company (“Lender”).

VESTIN FUND III, LLC SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT
Operating Agreement • January 21st, 2005 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada
OFFICE LEASE BY AND BETWEEN LUKE PROPERTIES, LLC, A NEVADA LIMITED LIABILITY COMPANY AND VESTIN GROUP, INC., A DELAWARE CORPORATION DATED: MARCH 31, 2003
Office Lease • March 30th, 2005 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada

This lease summary is attached to the within lease for convenience of reference only and shall in no way be considered a part of said lease or used in the interpretation of any of the provisions contained therein.

ASSIGNMENT AND ASSUMPTION AGREEMENT
Assignment and Assumption Agreement • November 15th, 2004 • Vestin Fund Iii LLC • Real estate agents & managers (for others)

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into as of the 16th day of August, 2004, by and between VESTIN FUND III, LLC, a Nevada limited liability company (“Assignor”) and VFIII HQ, LLC, a Nevada limited liability company (“Assignee”).

INDEMNITY AGREEMENT
Indemnity Agreement • March 27th, 2009 • Vestin Fund Iii LLC • Real estate agents & managers (for others) • Nevada

This Indemnity Agreement (the “Agreement”) is entered into as of the 25th day of March, 2009 by and among Vestin Group, Inc., a Delaware corporation and Michael V. Shustek, jointly and severally (collectively, “Indemnitor”) and Vestin Fund III, LLC, a Nevada limited liability company (“Indemnitee”).

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