ADVISORY AGREEMENTAdvisory Agreement • May 30th, 2014 • United Development Funding IV • Real estate investment trusts • Texas
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this 29th day of May, 2014, by and between UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (the “Trust”), and UMTH GENERAL SERVICES, L.P., a Delaware limited partnership (the “Advisor”).
AGREEMENT OF LIMITED PARTNERSHIP OF UNITED DEVELOPMENT FUND IV OPERATING PARTNERSHIP, L.P.United Development Funding IV • August 5th, 2008 • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 9th day of July, 2008, by and among United Development Funding IV, a Maryland real estate investment trust, UMTH Land Development, L.P., a Delaware limited partnership (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time.
EXHIBIT 10.5 GUARANTY AGREEMENT (LIMITED) (United Development Funding IV) WHEREAS, COMMUNITY TRUST BANK OF TEXAS ("Lender") has agreed to make a loan (the "Loan") in the original principal amount of $6,300,000.00 to UMTH LAND DEVELOPMENT, L.P., a...Guaranty Agreement • August 24th, 2009 • United Development Funding IV • Real estate investment trusts • Texas
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 9th, 2010 • United Development Funding IV • Real estate investment trusts • Texas
This Construction Loan Agreement is made and entered into effective as of this the 10th day of June, 2010 (the “Effective Date”) by and between UNITED DEVELOPMENT FUNDING IV, a real estate investment trust organized under the laws of the state of Maryland (together with its successors and assigns, “Lender”), and CRESCENT ESTATES CUSTOM HOMES, LP, a Texas limited partnership (“Borrower”).
AGREEMENT OF LIMITED PARTNERSHIP OF UNITED DEVELOPMENT FUNDING IV OPERATING PARTNERSHIP, L.P. July 9, 2008Agreement • December 22nd, 2009 • United Development Funding IV • Real estate investment trusts • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 9th day of July, 2008, by and among United Development Funding IV, a Maryland real estate investment trust, UMTH Land Development, L.P., a Delaware limited partnership (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time.
UNITED DEVELOPMENT FUNDING IV UP TO 35,000,000 COMMON SHARES OF BENEFICIAL INTEREST AMENDED AND RESTATED EXCLUSIVE DEALER MANAGER AGREEMENT November 10, 2009Exclusive Dealer Manager Agreement • November 12th, 2009 • United Development Funding IV • Real estate investment trusts • New York
This Amended and Restated Exclusive Dealer Manager Agreement (this “Agreement”) amends, restates and replaces in full that certain Exclusive Dealer Manager Agreement, dated as of August 24, 2009, by and among the Trust, the Advisor and the Dealer Manager (as defined below). Upon the terms and subject to the conditions contained in this Agreement, the Trust hereby appoints Realty Capital Securities, LLC, a Delaware limited liability company (the “Dealer Manager”), to act as the exclusive dealer manager for the Offering, and the Dealer Manager desires to accept such engagement.
LOAN AGREEMENT Guidance Line of CreditLoan Agreement • June 4th, 2014 • United Development Funding IV • Real estate investment trusts • Texas
THIS LOAN AGREEMENT (“Agreement”) is made and entered into as of December 6, 2013, by and between INDEPENDENT BANK (“Bank”) and UDF IV FINANCE VIII, L.P., a Delaware limited partnership (“Borrower”).
LOAN AGREEMENTLoan Agreement • August 13th, 2014 • United Development Funding IV • Real estate investment trusts • New York
THIS LOAN AGREEMENT (“Agreement”) is made and entered into as of July 2, 2014, by and between WATERFALL FINANCE 4, LLC (“Lender”) and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (“Borrower”).
LOAN PARTICIPATION AGREEMENT – BUFFINGTON SIGNATURE HOMES, LLC (UMT-HF $15,000,000 Construction Loan to Buffington Signature Homes, LLC)Loan Participation Agreement • March 31st, 2010 • United Development Funding IV • Real estate investment trusts • Texas
This Loan Participation Agreement – Buffington Signature Homes, LLC (this “Agreement”) is entered into effective as of the 18th day of December, 2009 (the “Effective Date”) by and between UMT HOME FINANCE, L.P., a Delaware limited partnership, with an address of 1301 Municipal Way, Suite 230, Grapevine, Texas 76051, as lender, agent and assignor (“Agent”), and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust with an address of 1301 Municipal Way, Suite 200, Grapevine, Texas 76051, as assignee (“Participant”).
First Amended and Restated Loan AgreementLoan Agreement • June 4th, 2014 • United Development Funding IV • Real estate investment trusts
This First Amended and Restated Loan Agreement (the “Agreement”), dated as of the 11th day of April, 2014 (the “Date Hereof”), by and between UDF IV Finance VI, L.P., a Delaware limited partnership (the "Borrower"), United Development Funding III, LP, a Delaware limited partnership (“UDF III”), United Development Funding IV, a real estate investment trust organized under the laws of the State of Maryland (UDF IV) [“UDF III, and UDF IV are referred to herein individually as a “Guarantor,” and collectively as the “Guarantors”], and Community Trust Bank (the "Bank").
ESCROW AGREEMENTEscrow Agreement • October 17th, 2008 • United Development Funding IV • Real estate investment trusts • Texas
FORM OF SELECTED DEALER AGREEMENTForm of Selected Dealer Agreement • October 17th, 2008 • United Development Funding IV • Real estate investment trusts • Texas
United Development Funding IV (the “Trust”), a Maryland real estate investment trust, is offering for public sale a maximum of 35,000,000 common shares of beneficial interest, including 10,000,000 shares issuable pursuant to the Trust’s distribution reinvestment plan (collectively, the “Shares”), to be issued and sold for an aggregate purchase price of $700,000,000. There shall be a minimum purchase by any one person of 125 Shares (except for purchases through individual retirement accounts or other qualified accounts, as indicated in the Prospectus (defined below), or in any letter or memorandum from the Trust to you (the “Dealer”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, the Trust invites you to participate in the distribution of Shares in the Trust subject to the following terms:
THIRD AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • November 12th, 2009 • United Development Funding IV • Real estate investment trusts • Texas
GUARANTY OF PAYMENTGuaranty of Payment • March 30th, 2012 • United Development Funding IV • Real estate investment trusts
THIS GUARANTY OF PAYMENT (this "Agreement") is made as of December 30, 2011, by MEHRDAD MOAYEDI ("Moayedi") and United Development Funding IV, a real estate investment trust organized under the laws of the State of Maryland ("UDF"; Moayedi and UDF are collectively referred to herein as the "Guarantor") to and for the benefit of BABSON MEZZANINE REALTY INVESTORS II LP, a Delaware limited partnership ("Lender" and to the extent applicable under Article 13 of the Loan Agreement, "Administrative Agent"), and for the benefit of the other Lender Parties. As used in this Agreement, "Lender Parties" shall mean Lender, Cornerstone Real Estate Advisers LLC (the investment advisor to Lender), any present and future loan participants, co-lenders, loan servicers, custodians and trustees, and each of their respective directors, officers, employees, shareholders, agents, affiliates, heirs, legal representatives, successors and assigns.
MARKETING SUPPORT AGREEMENTMarketing Support Agreement • August 5th, 2008 • United Development Funding IV • Texas
This MARKETING SUPPORT AGREEMENT (this “Agreement”) is entered into on this the day of , 200_, by and between UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (the “Trust”), and UMTH Funding Services, L.P., a Delaware limited partnership (“UMTH Funding”).
SECOND EXTENSION AGREEMENTSecond Extension Agreement • March 30th, 2012 • United Development Funding IV • Real estate investment trusts
THIS EXTENSION AGREEMENT (this “Agreement”) is made and entered into on the date set forth on the signature page hereto, to be effective as of February 5, 2012 (the “Effective Date”), by and between RALEY HOLDINGS, LLC, a Nevada limited liability company, on its behalf and on behalf of certain participant lenders (“Agent”) and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (“Borrower”).
FORM OF ADDENDUM TO SELECTED DEALER AGREEMENTSelected Dealer Agreement • August 5th, 2008 • United Development Funding IV
Effective as of the ___ day of _________, 20___, United Development Funding IV (the “Trust”), a Maryland real estate investment trust, and IMS Securities, Inc. (“IMS Securities”), a Texas corporation, hereby enter into this Addendum (this “Addendum”) to the Selected Dealer Agreement entered into by and between the parties hereto effective as of the ___ day of _________, 20___ (the “Selected Dealer Agreement”), on the terms and conditions, and for the mutual consideration, hereinafter set forth.
ContractRevolving Loan Agreement • November 15th, 2010 • United Development Funding IV • Real estate investment trusts
UNITED DEVELOPMENT FUNDING IV FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • August 24th, 2009 • United Development Funding IV • Real estate investment trusts
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of August 24, 2009 (the “Dealer Manager Agreement”), with United Development Funding IV, a Maryland real estate investment trust (the “Trust”), under which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) for its common shares of beneficial interest, $.01 par value per share, of which amount: (i) up to 25,000,000 shares for a purchase price of $20.00 per share (the “Primary Shares”), and (ii) up to 10,000,000 shares for a purchase price of $20.00 per share (the “DRP Shares” and, together with the Primary Shares, the (“Shares”) commencing on the Effective Date (as defined below). Notwithstanding the foregoing, the Trust has reserved the right to reallocate the Shares between Primary Shares and the DRP Shares. Unless otherwise defined herein, capitalized terms used herein shall have
EMPLOYMENT AGREEMENTEmployment Agreement • February 24th, 2014 • United Development Funding IV • Real estate investment trusts • Texas
This Employment Agreement (the “Agreement”) is entered into between United Development Funding IV (“UDF IV”) and Stacey Dwyer (“Dwyer”). This Agreement is intended to set out the terms and conditions of Dwyer’s employment relationship with UDF IV and to state both the obligations and rights of the parties in regard to each other. The parties agree to each of the following:
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • December 16th, 2008 • United Development Funding IV • Real estate investment trusts • Texas
GUARANTY OF COMPLETIONGuaranty of Completion • March 30th, 2012 • United Development Funding IV • Real estate investment trusts
THIS GUARANTY OF COMPLETION (this "Agreement") is made as of December 30, 2011, by MEHRDAD MOAYEDI ("Moayedi") and UNITED DEVELOPMENT FUNDING IV, a real estate investment trust organized under the laws of the State of Maryland ("UDF"; Moayedi and UDF are collectively referred to herein as the "Guarantor") to and for the benefit of BABSON MEZZANINE REALTY INVESTORS II LP, a Delaware limited partnership ("Lender" and to the extent applicable under Article 13 of the Loan Agreement, "Administrative Agent"), and for the benefit of the other Lender Parties. As used in this Agreement, "Lender Parties" shall mean Lender, Cornerstone Real Estate Advisers LLC (the investment advisor to Lender), any present and future loan participants, co-lenders, loan servicers, custodians and trustees, and each of their respective directors, officers, employees, shareholders, agents, affiliates, heirs, legal representatives, successors and assigns.
LOAN PARTICIPATION AGREEMENT – BUFFINGTON SIGNATURE HOMES, LLC (UDF III $2,500,000 Lot Inventory Loan to Buffington Signature Homes, LLC)Loan Participation Agreement • May 17th, 2010 • United Development Funding IV • Real estate investment trusts • Texas
This Loan Participation Agreement (this “Agreement”) is entered into effective as of the 24th day of March, 2010 (the “Effective Date”) by and between UNITED DEVELOPMENT FUNDING III, LP, a Delaware limited partnership as lender, agent and assignor (the “Agent”), and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust as assignee and participant (the “Participant”).
THIRD EXTENSION AGREEMENTThird Extension Agreement • April 1st, 2013 • United Development Funding IV • Real estate investment trusts
THIS THIRD EXTENSION AGREEMENT (this “Agreement”) is made and entered into on the date set forth on the signature page hereto, to be effective as of February 5, 2013 (the “Effective Date”), by and between RALEY HOLDINGS, LLC, a Nevada limited liability company, on its behalf and on behalf of certain participant lenders (“Agent”) and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (“Borrower”).
PARTICIPATION AGREEMENT BY AND AMONG UNITED DEVELOPMENT FUNDING, L.P., UNITED DEVELOPMENT FUNDING II, L.P., UNITED DEVELOPMENT FUNDING III, L.P., UNITED DEVELOPMENT FUNDING LAND OPPORTUNITY FUND, L.P., UNITED DEVELOPMENT FUNDING IV AND UMTH LAND...Participation Agreement • December 22nd, 2009 • United Development Funding IV • Real estate investment trusts • Texas
This Participation Agreement (the “Agreement”) is executed this 12th day of November, 2009, by and among United Development Funding, L.P., a Delaware limited partnership, (“UDF I”), United Development Funding II, L.P., a Delaware limited partnership (“UDF II”), United Development Funding III, L.P., a Delaware limited partnership (“UDF III”), United Development Funding Land Opportunity Fund, L.P., a Delaware limited partnership (“UDF LOF”), United Development Funding IV, a Maryland real estate investment trust (“UDF IV,” and together with UDF I, UDF II, UDF III and UDF LOF, the “UDF Funds”), and UMTH Land Development, L.P., a Delaware limited partnership (“UMTH LD”).
LOAN PURCHASE AGREEMENT (Frisco Hills)Loan Purchase Agreement • November 15th, 2010 • United Development Funding IV • Real estate investment trusts • Texas
THIS LOAN PURCHASE AGREEMENT (this “Agreement”), dated as of the 23rd day of August, 2010 (the “Effective Date”), is executed by FH 295, LLC, a Texas limited liability company (“Assignor”), and UDF IV ACQUISITIONS, L.P., a Delaware limited partnership (“Assignee”).
LOAN PARTICIPATION AGREEMENT – BRIDGES AT BEAR CREEK (UDF III $8,750,000 Loan to Buffington Land, Ltd. and Len-Buf Land Acquisitions of Texas, L.P.)Loan Participation Agreement • May 17th, 2010 • United Development Funding IV • Real estate investment trusts • Texas
This Loan Participation Agreement (this “Agreement”) is entered into effective as of the 8th day of January, 2010 (the “Effective Date”) by and between UNITED DEVELOPMENT FUNDING III, LP, a Delaware limited partnership as lender, agent and assignor (“Agent”), and UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust as assignee and participant (“Participant”).
LOAN AGREEMENTLoan Agreement • March 30th, 2012 • United Development Funding IV • Real estate investment trusts • Texas
This Loan Agreement (this “Agreement”) is made and entered into effective as of this the 30th day of November, 2011 (the “Effective Date”) by and among UDF IV FINANCE II, L.P., a Delaware limited partnership (together with its successors and assigns, “Lender”), CTMGT WILLIAMSBURG, LLC, a Texas limited liability company (“Borrower”), CENTAMTAR TERRAS, L.L.C., a Texas limited liability company (“Centamtar Terras”), CTMGT, LLC, a Texas limited liability company (“CTMGT”), and MEHRDAD MOAYEDI, a natural person residing in Dallas County, Texas (“Moayedi”).
PARTICIPATION AGREEMENT BY AND AMONG UNITED DEVELOPMENT FUNDING, L.P., UNITED DEVELOPMENT FUNDING II, L.P., UNITED DEVELOPMENT FUNDING III, L.P., UNITED DEVELOPMENT FUNDING LAND OPPORTUNITY FUND, L.P., UNITED DEVELOPMENT FUNDING IV AND UMTH LAND...Participation Agreement • August 5th, 2008 • United Development Funding IV • Texas
This Participation Agreement (the “Agreement”) is executed this ___ day of , 200_, by and among United Development Funding, L.P., a Delaware limited partnership, (“UDF I”), United Development Funding II, L.P., a Delaware limited partnership (“UDF II”), United Development Funding III, L.P., a Delaware limited partnership (“UDF III”), United Development Funding Land Opportunity Fund, L.P., a Delaware limited partnership (“UDF LOF”), United Development Funding IV, a Maryland real estate investment trust (“UDF IV,” and together with UDF I, UDF II, UDF III and UDF LOF, the “UDF Funds”), and UMTH Land Development, L.P., a Delaware limited partnership (“UMTH LD”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 30th, 2014 • United Development Funding IV • Real estate investment trusts • Texas
This REGISTRATION RIGHTS AGREEMENT, dated as of May 29, 2014, is entered into by and between UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (the “Trust”), and UMTH GENERAL SERVICES, L.P., a Delaware limited partnership (the “Advisor”).
AMENDMENT NO. 2 TO LOAN AGREEMENTLoan Agreement • August 10th, 2015 • United Development Funding IV • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 TO LOAN AGREEMENT (this “Amendment”), is made and entered into as of July 2, 2015 (the “Effective Date”), by and between UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (the “Borrower”), and WATERFALL EDEN MASTER FUND, LTD., WATERFALL SANDSTONE FUND, LP and HEDCO ABS, LTD. (collectively, the “Lender”).
UNITED DEVELOPMENT FUNDING IV RESTRICTED STOCK AWARD AGREEMENTUnited Development Funding Iv Restricted Stock Award Agreement • April 15th, 2014 • United Development Funding IV • Real estate investment trusts • Maryland
THIS RESTRICTED STOCK AWARD AGREEMENT, (the “Agreement”), dated as of February 21, 2014 (the “Grant Date”), is made by and between United Development Funding IV, a Maryland corporation (the “Trust”), and Stacey Dwyer (the “Grantee”).
LOAN AGREEMENT (CTMGT Williamsburg, LLC – Loan Acquisitions)Loan Agreement • November 14th, 2011 • United Development Funding IV • Real estate investment trusts • Texas
THIS LOAN AGREEMENT (this “Agreement”) is made and entered into by CTMGT WILLIAMSBURG, LLC, a Texas limited liability company (“Borrower”), CTMGT, LLC, a Texas limited liability company (“CTMGT”), Centamtar Terras, L.L.C., a Texas limited liability company (“Centamtar Terras;” Centamtar Terras and CTMGT are referred to herein each, as a “Guarantor” and collectively, as the “Guarantors”), for the benefit of UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (“Lender”), to be effective as of September 27, 2011 (the “Effective Date”), on the terms and conditions and for the mutual considerations expressed herein.
Three (3) Year Revolving Loan AgreementUnited Development Funding IV • November 15th, 2010 • Real estate investment trusts
This Three (3) Year $8,000,000.00 Revolving Loan Agreement (the "Agreement"), dated the 19th day of August, 2010 (the "Date Hereof"), by and between UDF IV Acquisitions, L.P., a Delaware limited partnership (the "Borrower"), United Development Funding III, LP, a Delaware limited partnership ("UDF III"), United Development Funding IV, a real estate investment trust organized under the laws of the State of Maryland ("UDF IV", UDF III and UDF IV are referred to herein individually as a "Guarantor," and collectively as the "Guarantors"), and Community Trust Bank of Texas (the "Bank").
FIRST AMENDMENT TO ADVISORY AGREEMENTAdvisory Agreement • June 4th, 2010 • United Development Funding IV • Real estate investment trusts
THIS FIRST AMENDMENT TO ADVISORY AGREEMENT (this “Amendment”), effective as of June 2, 2010, is entered into by and between UNITED DEVELOPMENT FUNDING IV, a Maryland real estate investment trust (the “Trust”), and UMTH GENERAL SERVICES, L.P., a Delaware limited partnership (the “Advisor”).
