Performance Home Buyers Llc Sample Contracts

Performance Home Buyers Llc – EXCHANGE AGREEMENT (August 14th, 2006)

This EXCHANGE AGREEMENT is entered into as of the 1st day of July, 2006 by and among PERFORMANCE HOME BUYERS LLC, an Ohio limited liability company (“Borrower”) and KENNETH O. HUNTINGDON (“Lender”).

Performance Home Buyers Llc – $357,312 PROMISSORY NOTE (August 14th, 2006)

FOR VALUE RECEIVED, including without limitation the exchange of certain Ownership Interests (as defined in the Exchange Agreement between Borrower and Lender of even date herewith) for this Note, Performance Home Buyers, LLC, an Ohio limited liability company (“Borrower”), promises to pay to the order of Kenneth O. Huntingdon (“Lender”), the principal sum of Three Hundred and Fifty-seven Thousand and Three hundred and twelve and 33/100 Dollars ($357,312.33) together with interest at the rate of Six Percent (6%) per annum.

Performance Home Buyers Llc – $275,451 PROMISSORY NOTE (August 14th, 2006)

FOR VALUE RECEIVED, including without limitation the exchange of certain Ownership Interests (as defined in the Exchange Agreement between Borrower and Lender of even date herewith) for this Note, Performance Home Buyers, LLC, an Ohio limited liability company (“Borrower”), promises to pay to the order of Kenneth O. Huntingdon (“Lender”), the principal sum of Two Hundred Seventy Five Thousand and Four Hundred and Fifty-one and 22/100 Dollars ($275,451.22) together with interest at the rate of Six Percent (6%) per annum.

Performance Home Buyers Llc – $278,000 PROMISSORY NOTE (August 14th, 2006)

FOR VALUE RECEIVED, including without limitation the exchange of certain Ownership Interests (as defined in the Exchange Agreement between Borrower and Lender of even date herewith) for this Note, Performance Home Buyers, LLC, an Ohio limited liability company (“Borrower”), promises to pay to the order of Kenneth O. Huntingdon (“Lender”), the principal sum of Two Hundred and Seventy-eight Thousand Dollars ($278,000.00) together with interest at the rate of Six Percent (6%) per annum.

Performance Home Buyers Llc – INDENTURE Dated as of __________, 2005 By and Between PERFORMANCE HOME BUYERS, LLC, as obligor and THE HERRING BANK, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee Senior Secured Renewable Notes (April 14th, 2006)

THIS INDENTURE is hereby entered into as of , 2005, by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), as obligor, and The Herring Bank, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee (the “Trustee”).

Performance Home Buyers Llc – AGREEMENT FOR SERVICES (April 14th, 2006)

This is an Employee Lease Agreement (hereinafter referred to as the “Agreement”), dated effective March 1, 2006 between Performance Home Buyers, LLC (hereinafter referred to as “Company”), and Performance Home Buyers, Inc. (hereinafter referred to as “Lessor”) both located at 4130 Linden Avenue, Suite 307, Dayton, Ohio 45432.

Performance Home Buyers Llc – CONTRACT FOR JOINT VENTURE (February 8th, 2006)

This Agreement is entered into at Dayton, Ohio, this 12th day of December, 2005, by and between Nations First Mortgage Banc, Inc., an Ohio Corporation, (hereinafter referred to as “NFMB”), whose address is 7925 Paragon Road, Suite C, Dayton, Ohio 45459 and Performance Home Buyers, LLC, an Ohio Limited Liability Company, and any and all affiliates of Performance Home Buyers, LLC, (hereinafter referred to as “PHB”), whose address is 4130 Linden Avenue, Dayton, OH.

Performance Home Buyers Llc – ESCROW AGREEMENT (February 8th, 2006)

THIS ESCROW AGREEMENT made and entered into this , 2006, between , a banking association with principal offices in , Ohio (hereinafter called the “Escrow Agent”), Performance Home Buyers, LLC, an Ohio limited liability company (hereinafter called the “Company”), Sumner Harrington Ltd., a Minnesota corporation (“SHL”) and , a national real estate title company organized as a (“Title”).

Performance Home Buyers Llc – LOAN AGREEMENT (February 8th, 2006)

THIS AGREEMENT (“Agreement”) is made effective as of the ___ day of , 2005, by and among PETER E. JULIAN (“Julian”), , an Ohio (“Company”), and the undersigned investor (“Investor”).

Performance Home Buyers Llc – AGENCY AGREEMENT (February 8th, 2006)

THIS AGENCY AGREEMENT (this “Agreement”) is dated as of , 2006, and is by and between Herring Bank, as Trustee (the “Trustee”), , a corporation, as agent (the “Agent”) and Performance Home Buyers, LLC, an Ohio limited liability company (“PHB”).

Performance Home Buyers Llc – CROSS PURCHASE/REDEMPTION AGREEMENT (November 9th, 2005)

THIS AGREEMENT is made and entered into this _15th___day of ___May___, 2005, by and between PETER E. JULIAN, E. RANDALL PORTER, MARK FITZGERALD and WAYNE HAWKINS (collectively, “Members”) and PERFORMANCE HOME BUYERS, LLC, an Ohio limited liability company, having its principal place of business in Ohio (“Company”).

Performance Home Buyers Llc – PERFORMANCE HOME BUYERS, LLC SENIOR SECURED RENEWABLE NOTE SUBSCRIPTION AGREEMENT (November 9th, 2005)

To purchase a senior secured renewable note(s), please complete this form and write a check made payable to PERFORMANCE HOME BUYERS, LLC (“PHB”). Send this form along with your check and any other documents requested below to the selling agent for the notes, SUMNER HARRINGTON LTD., 11100 WAYZATA BOULEVARD, SUITE 170, MINNEAPOLIS, MN 55305. If you have any questions, call the selling agent for the notes, SUMNER HARRINGTON LTD., at 800-234-5777.

Performance Home Buyers Llc – Performance Home Buyers, LLC Amended and Restated Operating Agreement (November 9th, 2005)

This Operating Agreement (“Agreement”) is made effective as of the 15th day of May, 2005, by and between, the Common Members listed in Section 3.1 hereof, the Class C Preferred Members listed in Section 3.3, hereof, the Class B Preferred Members listed in Section 3.4 hereof, and the CLASS A PREFERRED Members admitted in accordance with Section 3.5 hereof.

Performance Home Buyers Llc – PROMISSORY NOTE (November 9th, 2005)

ONE MONTH (1) month after date, for value received, Performance Home Buyers LLC promises to pay Russell E. Spruill, whose address is 250 Kimbary Drive, Centerville, OH 45458, the principal sum of SIXTY THOUSAND DOLLARS ($60,000.00) AND INTEREST OF THREE THOUSAND DOLLARS ($3,000.00).

Performance Home Buyers Llc – INDENTURE Dated as of __________, 2005 By and Between PERFORMANCE HOME BUYERS, LLC, as obligor and THE HERRING BANK, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee Senior Secured Renewable Notes (November 9th, 2005)

THIS INDENTURE is hereby entered into as of ___, 2005, by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), as obligor, and The Herring Bank, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee (the “Trustee”).

Performance Home Buyers Llc – LEASE (November 9th, 2005)

THIS LEASE AGREEMENT, made the 3rd day of NOVEMBER 2005 , by and between JEFFREY L. WHITESELL, WILLIAM A. WHITESELL, NANCY J. REINKE, JOYCE A. HOFFMAN and ABBY E. WHITESELL, partners doing business as OFFICETOWN EAST CO., hereinafter called Lessor, and:

Performance Home Buyers Llc – AMENDED AND RESTATED MANAGEMENT AGREEMENT BETWEEN PERFORMANCE HOME BUYERS, LLC AND PERFORMANCE HOME BUYERS, INC. (November 9th, 2005)

THIS AGREEMENT is hereby entered into as of October 31, 2005 by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), and Performance Home Buyers, Inc., an Ohio corporation (the “Manager”).