Desert Capital Reit Inc Sample Contracts

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.

RECITALS
Unit Purchase Agreement • November 16th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
SECTION 1 DEFINITIONS
Dealer-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, 2006
Junior 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”).

ADVISORY AGREEMENT
Advisory 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 AGREEMENT
Modification 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 AGREEMENT
Dealer-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 AGREEMENT
Loan 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").

RECITALS
Indemnification Agreement • July 13th, 2004 • Desert Capital Reit Inc • Real estate investment trusts • Maryland
Contract
Loan Origination Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
FORBEARANCE AGREEMENT
Forbearance 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).

THIRD ARTICLES OF AMENDMENT AND RESTATEMENT OF DESERT CAPITAL REIT, INC.
Desert Capital Reit Inc • March 31st, 2008 • Real estate investment trusts

Desert Capital REIT, Inc., a Maryland corporation (the “Corporation”), with its principal Maryland office at c/o The Corporation Trust, Incorporated, 300 East Lombard Street, Baltimore, Maryland 21202, hereby certifies that:

Revolving Loan and Security Agreement
Loan 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, 2007
Purchase 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.”

LEASE
Lease • 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 INDENTURE
Second 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”).

Contract
Loan Agreement • March 31st, 2008 • Desert Capital Reit Inc • Real estate investment trusts • Nevada
FORBEARANCE AGREEMENT
Forbearance 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 AGREEMENT
Asset 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, 2007
Desert Capital Reit Inc • March 31st, 2008 • Real estate investment trusts • Nevada
AGREEMENT FOR SERVICES
Agreement 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 Agreement
Security 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 AGREEMENT
Unit 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: