EXHIBIT 10.1 ADVISORY AGREEMENT THIS ADVISORY AGREEMENT (this "Agreement") is made as of ________, 2004 (the "Effective Date"), by and between (i) Desert Capital Reit, Inc., a Maryland corporation (the "Company"), and (ii) Burton Management Company,...Advisory Agreement • April 22nd, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
EXHIBIT 10.2 STRATEGIC ALLIANCE AGREEMENT This Strategic Alliance Agreement (this "Agreement") is entered into as of the ____ day of _____________, 2004 (the "Effective Date"), by and between Desert Capital REIT, Inc., a Maryland corporation ("Desert...Strategic Alliance Agreement • May 26th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
AMENDED AND RESTATED TRUST AGREEMENT among DESERT CAPITAL REIT, INC., as Depositor JPMORGAN CHASE BANK, NATIONAL ASSOCIATION as Property Trustee CHASE BANK USA, NATIONAL ASSOCIATION, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as...Trust Agreement • November 8th, 2006 • Desert Capital Reit Inc • Real estate investment trusts • Delaware
This Amended And Restated Trust Agreement, dated as of June 16, 2006, among (i) Desert Capital REIT, Inc., a Maryland corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) Todd B. Parriott, an individual, Jonathan G. Arens, an individual and Erin Linnemeyer, an individual, each of whose address is c/o Desert Capital REIT, Inc., 1291 Galleria Drive, Suite 200, Henderson, NV 89014, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
RECITALSUnit Purchase Agreement • November 16th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
EXHIBIT 10.4 ESCROW AGREEMENT THIS ESCROW AGREEMENT is made and entered into as of the ____ day of ________, 2004, by and between Bull Street Real Estate Investment Trust, Inc., a Maryland corporation (the "Company"), and BankWest of Nevada (the...Escrow Agreement • March 5th, 2004 • Bull Street Real Estate Investment Trust Inc • Real estate investment trusts • Nevada
SECTION 1 DEFINITIONSDealer-Manager Agreement • May 26th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
JUNIOR SUBORDINATED INDENTURE between DESERT CAPITAL REIT, INC. and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Trustee Dated as of June 16, 2006Junior Subordinated Indenture • November 8th, 2006 • Desert Capital Reit Inc • Real estate investment trusts • New York
Junior Subordinated Indenture, dated as of June 16, 2006, between Desert Capital REIT, Inc. a Maryland corporation (the “Company”), and JPMorgan Chase Bank, National Association, a national banking association, as Trustee (in such capacity, the “Trustee”).
EXHIBIT 10.4 ESCROW AGREEMENT THIS ESCROW AGREEMENT is made and entered into as of the ____ day of ________, 2004, by and between Desert Capital REIT, Inc., a Maryland corporation (the "Company"), and Premier Trust of Nevada, Inc. (the "Escrow...Escrow Agreement • May 26th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
ADVISORY AGREEMENTAdvisory Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
THIS ADVISORY AGREEMENT (this “Agreement”) is made as of November 21, 2007 (the “Effective Date”), by and between DESERT CAPITAL REIT, INC., a Maryland corporation (the “Company”), and SANDSTONE EQUITY INVESTORS, LLC, a Delaware limited liability company (the “Advisor”).
MODIFICATION OF NOTE AGREEMENTModification of Note Agreement • March 31st, 2009 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS MODIFICATION OF NOTE AGREEMENT (the "Agreement"), dated as of November 11, 2008, is between CONSOLIDATED MORTGAGE, LLC, a Nevada limited liability company ("Maker") and DESERT CAPITAL TRS, INC., a Delaware corporation ("Payee").
DEALER-MANAGER AGREEMENTDealer-Manager Agreement • January 24th, 2006 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
THIS AGREEMENT, dated as of , 2006, is made by and between Desert Capital REIT, Inc., a Maryland corporation (the “Company”), and CMC Financial Services, Inc., a Nevada corporation (the “Managing Dealer”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • March 31st, 2009 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS FIRST AMENDMENT TO LOAN AGREEMENT (the "Amendment"), dated as of November 11, 2008, is between CONSOLIDATED MORTGAGE, LLC, a Nevada limited liability company ("Borrower") and DESERT CAPITAL TRS, INC., a Delaware corporation (the "Lender").
RECITALSIndemnification Agreement • July 13th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
ContractLoan Origination Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
FORBEARANCE AGREEMENTForbearance Agreement • August 12th, 2010 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS FORBEARANCE AGREEMENT dated as of June 15, 2010 (the “Agreement”) is entered into between CM CAPITAL SERVICES, LLC, a Nevada limited liability company (the “Borrower”), CM GROUP, LLC, a Delaware limited liability company (“Pledgor”) and DESERT CAPITAL REIT, INC., a Maryland corporation (the “Lender”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Loan Agreement (as defined below).
Revolving Loan and Security AgreementLoan and Security Agreement • November 15th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • South Dakota
This Revolving Loan Agreement (“Agreement”) is entered into this date by and between Desert Capital Reit, Inc., a Nevada Corporation (“Borrower”) and Beresford Bancorporation, Inc. (“Lender”).
PURCHASE AGREEMENT among DESERT CAPITAL REIT, INC. DESERT CAPITAL TRS, INC. and SANDSTONE EQUITY INVESTORS, LLC Dated as of November 21, 2007Purchase Agreement • November 28th, 2007 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS PURCHASE AGREEMENT, dated as of November 21, 2007, is entered into by and among DESERT CAPITAL REIT, INC., a Maryland corporation (“Parent”), DESERT CAPITAL TRS, INC., a Delaware corporation (“Seller”) and SANDSTONE EQUITY INVESTORS, LLC, a Delaware limited liability company (“Buyer”). Parent, Seller and Buyer are referred to collectively herein as the “Parties.”
GUARANTYDesert Capital Reit Inc • March 31st, 2009 • Real estate investment trusts
TO: Jeffrey K. Holloway, Trustee of the Sage Trust dated 8/17/93 as to an undivided $3,000,000/$13,675,000 interest; Jeffrey K. Holloway, Trustee of the Rich Living Trust dated 7/10/98 as to an undivided $400,000/$13,675,000 interest; The DeBellis Family Limited Partnership, whose manager is Rocky Joe, LLC, a Nevada limited liability company, as to an undivided $2,200,000/$13,675,000 interest; Pete Kubena, Trustee of the Pete P. Kubena Trust as to an undivided $2,975,000/$13,675,000 interest; Laurence R. Meyerson, an unmarried man as to an undivided $300,000/$13,675,000 interest; the R.L. Faiman 1995 Irrevocable Trust dated 8/8/95, Deborah L. Shoofey, Trustee as to an undivided $750,000/$13,675,000 interest; RLF Diversified General Partnership, Deborah L. Shoofey General Partner as to an undivided $750,000/$13,675,000 interest; Russel E. Warthen Separate Property Trust as to an undivided $1,400,000/$13,675,000 interest; Russel E. Warthen IRA, First Savings Bank Custodian as to an undiv
LEASELease • March 23rd, 2010 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS LEASE, made this 16 day of November, 2009, by and between 3MO, LLC, a Nevada limited liability company, whose address is 1291 W. Galleria Drive, Suite 220, Henderson, Nevada 89014, the Lessor (hereinafter referred to as "Landlord"), and VEGAS VALLEY FOOD & BEVERAGE, LLC, a Nevada limited liability company, whose address is c/o Modern Bookkeeping, Inc., 8252 E. Lansing Road, Suite 101, Durand, Michigan 48429, the Lessee (hereinafter referred to as "Tenant").
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • June 12th, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Texas
THIS SECOND SUPPLEMENTAL INDENTURE, dated as of June 6, 2008 (this “Supplemental Indenture”) is entered into by and between Desert Capital REIT, Inc., a Maryland corporation (the “Company”), and The Bank of New York Trust Company, National Association, a national banking association (as successor to JPMorgan Chase Bank, National Association), as Trustee (the “Trustee”).
ContractLoan Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
FORBEARANCE AGREEMENTForbearance Agreement • July 7th, 2010 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS FOREBEARANCE AGREEMENT (the “Agreement”) is dated as of June 11, 2010 by and among DESERT CAPITAL REIT, Inc., a Maryland Corporation,(“Desert Capital”)(the “Guarantor”), and JEFFERY K. HOLLOWAY, TRUSTEE OF THE SAGE TRUST dated 8/17/93; JEFFREY K. HOLLOWAY, TRUSTEE OF THE RICH LIVING TRUST dated 7/10/98; The DEBELLIS FAMILY LIMITED PARTNERSHIP; WELLS FARGO, TRUSTEE OF THE PETE P. KUBENA TRUST; LAURENCE R. MEYERSON; R. L. FAIMAN 1995 IRREVOCABLE TRUST dated 8/8/95; RLF DIVERSIFIED GENERAL PARTNERSHIP; RUSSEL E. WARTHEN SEPARATE PROPERTY TRUST; RUSSEL E. WARTHEN IRA; DANA WARTHEN WAINWRIGHT; JUDITH G. LALLY TRUST; R. MARK WARTHEN; SHANNON W. SAMUELS; PAIGE E. WARTHEN; TARA WARTHEN MADSON; JOHN MERRILL WARTHEN FAMILY TRUST; REBECCA WARTHEN; LINDA M. TUCKER TRUST; THE JOSEPH A. DEBELLIS, M.D. CHARTERED PROFIT SHARING PLAN (collectively the “Lender”). All terms used herein and not otherwise defined herein shall have the respective meanings assigned thereto in the Loan Documents, as defi
ASSET MANAGEMENT AGREEMENTAsset Management Agreement • March 23rd, 2010 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
This ASSET MANAGEMENT AGREEMENT (the “Agreement”) is executed and effective as of February 19, 2010 (the “Effective Date”) by and between DESERT CAPITAL REIT, INC., a Maryland corporation (“Owner”) and CM CAPITAL SERVICES, LLC, a Nevada limited liability company (the “Asset Manager”).
November 21, 2007Desert Capital Reit Inc • March 31st, 2008 • Real estate investment trusts • Nevada
AGREEMENT FOR SERVICESAgreement for Services • June 6th, 2011 • Desert Capital Reit Inc • Real estate investment trusts • Illinois
This Agreement for Services (“Agreement”) is entered into on May 31, 2011, by and between MorrisAnderson & Associates, Ltd., (“MA”) a corporation duly organized and existing under the laws of the State of Illinois, with corporate offices located at 55 West Monroe Street, Suite 2500, Chicago, Illinois 60603, and Desert Capital REIT, Inc., a Maryland corporation and as a Debtor-In-Possession in the bankruptcy case (“Client”). In consideration of the mutual covenants herein contained, the parties agree as follows:
Revolving Loan and Security AgreementSecurity Agreement • October 29th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • South Dakota
This Revolving Loan Agreement (“Agreement”) is entered into this date by and between Desert Capital Reit, Inc., a Nevada Corporation (“Borrower”) and Beresford Bancorporation, Inc. (“Lender”).
UNIT PLEDGE AGREEMENTUnit Pledge Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
THIS UNIT PLEDGE AGREEMENT (“Agreement”) is made as of the 21st day of November, 2007, by SANDSTONE EQUITY INVESTORS, LLC, a Delaware limited liability company (“Debtor”), whose principal place of business and chief executive office is located at 1291 Galleria Drive, Henderson, Nevada 89014, in favor of DESERT CAPITAL TRS, INC., a Delaware corporation (“Secured Party”), whose address is 1291 Galleria Drive, Henderson, Nevada 89014. Debtor hereby agrees with Secured Party as follows:
