CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • December 15th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
THIS CONSTRUCTION LOAN AGREEMENT, the (“Agreement”) dated December 9, 2015, is made and executed between Eclipse Partners II, LLC ("Borrower") and Shepherd's Finance, LLC ("Lender") on the following terms and conditions. Borrower has applied to Lender for one or more loans for purposes of constructing the Improvements on the Real Property described below. Lender is willing to lend the loan amount to Borrower solely under the terms and conditions specified in this Agreement and in the Promissory Note, Mortgage and Security Agreement, and other related documents, the “Related Documents” for the loan dated December 9, 2015, to each of which Borrower agrees. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement, and (B) all such Loans shall be and remain subject to the terms and conditions of this Agreement.
CREDIT AGREEMENTCredit Agreement • May 11th, 2012 • Shepherd's Finance, LLC • Short-term business credit institutions • Pennsylvania
This Credit Agreement (“Agreement”), dated as of the 30 day of December, 2011, by and between BENJAMIN MARCUS HOMES, L.L.C., a Pennsylvania limited liability company (“BMH”), INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins, an individual residing in the Commonwealth of Pennsylvania (“Hoskins”),
COMMERCIAL PLEDGE AGREEMENTCommercial Pledge Agreement • May 11th, 2012 • Shepherd's Finance, LLC • Short-term business credit institutions • Pennsylvania
THIS COMMERCIAL PLEDGE AGREEMENT (this “Agreement”) dated as of December 30, 2011, is made and executed by and among SHEPHERD’S FINANCE, LLC (“Grantor”), DANIEL M. WALLACH AND JOYCE S. WALLACH (the “Wallachs”) and 2007 DANIEL M. WALLACH LEGACY TRUST (the “Wallach Trust”; with the “Wallachs” collectively referred to as “Lenders”).
FIRST AMENDMENT TO Promissory NOTEPromissory Note • August 9th, 2018 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
This FIRST AMENDMENT TO Promissory Note (this “First Amendment”) is made and entered into on June 14, 2018, by and among SHEPHERD’S FINANCE, LLC (“Borrower”), and 2007 DANIEL M. WALLACH LEGACY TRUST (“Lender”).
AMENDMENT NO. 3 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLC INCREASING THE AUTHORIZED AMOUNT OF SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITSLimited Liability Company Agreement • December 31st, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions
In accordance with Section 3.05 and Article IX of the Amended and Restated Limited Liability Company Agreement, dated as of March 29, 2012, as amended (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 3 thereto (this “Amendment”) to increase the authorized amount of Series B Cumulative Redeemable Preferred Units (the “Preferred Units”) to a total of 30 authorized Preferred Units of membership interest in the Company, having the rights, preferences, powers, privileges, restrictions, qualifications, and limitations set forth below. Certain terms used herein are defined in Section 9 of Exhibit I hereto. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.
MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • December 15th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
MAXIMUM LIEN. The total amount of indebtedness secured by this Mortgage may decrease or increase from time to time, but the maximum amount of principal indebtedness which may be outstanding at any one time shall not exceed Two Million Six Hundred Forty Thousand and 00/100 dollars ($2,640,000.00), plus interest, and amounts expended or advanced by Lender for the payment of taxes, levies or insurance on the Property, and interest on such amounts.
AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of SHEPHERD’S FINANCE, LLC dated as of MARCH 29, 2012Limited Liability Company Agreement • May 11th, 2012 • Shepherd's Finance, LLC • Short-term business credit institutions • Delaware
This Amended and Restated Limited Liability Company Agreement of SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (the "Company"), is entered into as of March 29, 2012 by and among the Company, the Initial Members executing this Agreement as of the date hereof and each other Person who after the date hereof becomes a Member of the Company and becomes a party to this Agreement by executing a Joinder Agreement.
AMENDED AND RESTATED COMMERCIAL PLEDGE AGREEMENTCommercial Pledge Agreement • May 11th, 2012 • Shepherd's Finance, LLC • Short-term business credit institutions • Pennsylvania
THIS AMENDED AND RESTATED COMMERCIAL PLEDGE AGREEMENT (this “Agreement”) dated as of December 30, 2011, is made and executed by and among INVESTOR’S MARK ACQUISITIONS, LLC(“IMA”) and BENJAMIN MARCUS HOMES, L.L.C. (“BMH”; with IMA and BMHcollectively referred to as the”Grantors”) and SHEPHERD’S FINANCE, LLC (“Lender”).
SHEPHERD’S FINANCE, LLC Series B Cumulative Redeemable Preferred Unit PURCHASE AGREEMENTPreferred Unit Purchase Agreement • December 31st, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions • Delaware
This Series B Cumulative Redeemable Preferred Unit PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 28th day of December, 2015, by and among Investor’s Mark Acquisitions, LLC (“IMA”), a Delaware limited liability company (the “Purchaser”), and SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (the “Company”).
LOAN PURCHASE AND SALE AGREEMENTLoan Purchase and Sale Agreement • February 10th, 2017 • Shepherd's Finance, LLC • Short-term business credit institutions • New York
This LOAN PURCHASE AND SALE AGREEMENT (this “Agreement”) dated as of the 6th day of February, 2017 between SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (“Seller”) having an address at 12627 San Jose Boulevard, Suite 203, Jacksonville, Florida 32223, and BUILDER FINANCE, INC., a South Dakota corporation (“Buyer”) having its principal place of business at 55 East 59th Street, New York, NY 10022.
AMENDMENT OF PROMISSORY NOTENote • May 11th, 2012 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS AMENDMENT OF PROMISSORY NOTE (this “Amendment”) dated January 31, 2012, is made and executed by and among SHEPHERD’S FINANCE, LLC, whose address is 3508 Washington Road, McMurray, PA 15317 (referred to herein as “Borrower”), and INVESTOR’S MARK ACQUISITIONS, LLC, whose address is 124 Windermere Ct., McMurray, PA 15317 (referred to herein as “Lender”).
2nd AMENDMENT TO LOAN PURCHASE AND SALE AGREEMENTLoan Purchase and Sale Agreement • February 25th, 2016 • Shepherd's Finance, LLC • Short-term business credit institutions
This 2nd AMENDMENT TO LOAN PURCHASE AND SALE AGREEMENT (this “Amendment”) dated as of the 19th day of February, 2016, by and between SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (“Seller”) having an address at 12627 San Jose Boulevard, Suite 203, Jacksonville, Florida 32223, and S.K. FUNDING, LLC, , a Florida limited liability company (“Buyer”) having an address at 630 Maplewood Drive, Suite 100, Jupiter FL, 33458.
MASTER LOAN MODIFICATION AGREEMENTMaster Loan Modification Agreement • April 18th, 2018 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS AGREEMENT, Made and entered into as of this 11th day of April, 2018, by and between SHEPHERD’S FINANCE, LLC, a Delaware limited liability company, having an address at 12627 San Jose Blvd., Suite 203, Jacksonville, FL 32223 (the “Borrower”), and PAUL SWANSON (the “Lender”).
LOAN AGREEMENTLoan Agreement • May 11th, 2020 • Shepherd's Finance, LLC • Short-term business credit institutions • Utah
THIS LOAN AGREEMENT (“Agreement”) is made and entered into by and between SHEPHERD’S FINANCE LLC(“Borrower”), and LCA Bank Corporation (“Lender”) as of 5/5/2020_________.
OPTION TO PURCHASEOption to Purchase • July 7th, 2016 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS OPTION TO PURCHASE (“Option”) is made and entered into this 30th day of June, 2016, by and between Shepherd’s Finance, LLC, a Delaware limited liability company registered to do business in the state of Florida (“Owner”), and Eclipse Partners II, LLC, a Florida limited liability company (“Buyer”).
COLLATERAL ASSIGNMENT OF NOTES AND DOCUMENTSShepherd's Finance, LLC • October 27th, 2017 • Short-term business credit institutions
THIS ASSIGNMENT, Made as of the 23 day of October, 2017, from SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (“Borrower”), to PAUL SWANSON (the “Lender”).
BUILDER DEPOSIT AGREEMENTBuilder Deposit Agreement • December 15th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions • Delaware
This Agreement made this December 9, 2015, by and between Eclipse Partners II, LLC, (hereinafter referred to as "Borrower"), a Florida Limited Liability Company, AND Shepherd's Finance, LLC, a Delaware Limited Liability Company, (hereinafter referred to as "Lender").
OPTION AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYOption Agreement for Purchase And • February 21st, 2024 • Shepherd's Finance, LLC • Short-term business credit institutions • Pennsylvania
This Option Agreement is made this 15th day of February, 2024 (“Effective Date”), by and between 339 Justabout Land Co. LLC, a Pennsylvania limited liability company having a registered address of 333 Technology Drive, Suite 108, Canonsburg, Pennsylvania 15317 (hereinafter together called “Optionor”) and Benjamin Marcus Homes, L.L.C., a Pennsylvania limited liability company, having a registered address at 333 Technology Drive, Suite 108, Canonsburg, Pennsylvania 15317 (hereinafter called “Optionee”).
INTEREST ESCROW ACCOUNT AGREEMENTInterest Escrow Account Agreement • July 7th, 2016 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
This Agreement made this June 30, 2016, by and between 1333 Vista Drive, LLC (hereinafter referred to as “Buyer”), and Shepherd’s Finance, LLC, a Delaware Limited Liability Company, (hereinafter referred to as “Lender”).
Twelfth Amendment to Credit AgreementCredit Agreement • January 8th, 2018 • Shepherd's Finance, LLC • Short-term business credit institutions
This Twelfth Amendment to Credit Agreement (“Twelfth Amendment”), dated as of the 5th of January, 2018, by and between BENJAMIN MARCUS HOMES, L.L.C. (“BMH”), a Pennsylvania limited liability company, INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins (“Hoskins”), an individual residing in the Commonwealth of Pennsylvania,
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • January 2nd, 2019 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS AGREEMENT, Made and entered into as of this 27th day of December, 2018, by and between SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (“Borrower”), and PAUL SWANSON (“Lender”).
Parcel Identification Number:Mortgage and Security Agreement • February 25th, 2016 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
AMENDMENT NO. 2 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLCLimited Liability Company Agreement • March 30th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions
In accordance with Section 14.09 of the Amended and Restated Limited Liability Company Agreement, as amended (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), effective as of March 30, 2015, the Operating Agreement is hereby amended by this Amendment No. 2 thereto (this “Amendment”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.
MORTGAGEShepherd's Finance, LLC • May 11th, 2012 • Short-term business credit institutions
This MORTGAGE (“Security Instrument”) is given on 7-21, 2010. The mortgagor is INVESTOR’S MARK ACQUISITIONS L. L. C. By Mark L. HOSKINS, Investment Manager and Mark L. Hoskins, Individually (“Borrower”). This Security Instrument is given to LOUIS E. MENICHI , 25%; JENNIE MENICHI, 25%; ERMA GREGO, 15% AND ANNA MARIE CORRADO, 35% and whose address is do Louis E. Menichi, 50 Menichi Lane, McDonald, PA 15057 (“Lender”). Borrower owes Lender the principal sum of ONE MILLION DOLLARS TWO HUNDRED NINETY AND NO/100THS ($1,290,000.00) Dollars. This debt is evidenced by Borrower’s note dated the same date as this Security Instrument (“Note”), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on [per note] . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 t
Sixth Amendment to Credit AgreementCredit Agreement • April 2nd, 2014 • Shepherd's Finance, LLC • Short-term business credit institutions
This Sixth Amendment to Credit Agreement (“Sixth Amendment”), dated as of the 27th day of March 2014, by and between BENJAMIN MARCUS HOMES, L.L.C., a Pennsylvania limited liability company (“BMH”), INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins, an individual residing in the Commonwealth of Pennsylvania (“Hoskins”),
AMENDMENT NO. 4 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLC AUTHORIZING SERIES C CUMULATIVE REDEEMABLE PREFERRED UNITSLimited Liability Company Agreement • March 21st, 2017 • Shepherd's Finance, LLC • Short-term business credit institutions
In accordance with Section 3.05 and Article IX of the Amended and Restated Limited Liability Company Agreement, dated as of March 29, 2012, as amended (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 4 thereto (this “Amendment”) to authorized Series C Cumulative Redeemable Preferred Units (the “Preferred Units”) to a total of 80 authorized Preferred Units of membership interest in the Company, and having the rights, preferences, powers, privileges, restrictions, qualifications, and limitations set forth below. Certain terms used herein are defined in Section 11 of Exhibit I hereto. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.
of a title examination and return to: James D. Gibson, EsquireShepherd's Finance, LLC • May 3rd, 2018 • Short-term business credit institutions
DEED IN LIEU OF FORECLOSURE AGREEMENTForeclosure Agreement • May 3rd, 2018 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
THIS DEED IN LIEU OF FORECLOSURE AGREEMENT is made as of the 27th day of April, 2018 (this “Agreement”) by and between 1333 Vista Drive, LLC, a Florida limited liability company, with a mailing address of 13000 SW 61st Avenue, Miami FL 33156 (“Company”) and Shepherd’s Finance, LLC, a Delaware limited liability company registered to do business in the state of Florida, with a mailing address of 12627 San Jose Blvd., Suite 201, Jacksonville FL 32223 (“Lender”).
DEED IN LIEU OF FORECLOSURE AGREEMENTLieu of Foreclosure Agreement • July 7th, 2016 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
THIS DEED IN LIEU OF FORECLOSURE AGREEMENT is made as of the 30th day of June, 2016 (the “Agreement”) by and between Eclipse Partners II, LLC, a Florida limited liability company, with a mailing address of ________________________________ (“Borrower”) and Shepherd’s Finance, LLC, a Delaware limited liability company registered to do business in the state of Florida, with a mailing address of 12627 San Jose Blvd. Suite 203, Jacksonville FL 32223 (“Lender”).
PROMISSORY NOTEShepherd's Finance, LLC • October 27th, 2017 • Short-term business credit institutions • Florida
FOR VALUE RECEIVED, the undersigned, SHEPHERD’S FINANCE, LLC, a Florida limited liability company (“Borrower”) with an office at 13241 Bartram Park Boulevard, Suite 2401, Jacksonville, Florida 32258, promises to pay to the order of Paul Swanson, (“Lender”), with an address at 128 Sota Drive, Jupiter, Florida 33458, or at such other place or places as Lender from time to time may designate in writing, the principal sum of Four Million Dollars and No Cents ($4,000,000.00), or if different from such amount, the unpaid principal balance of this Note, in lawful money of the United States, together with accrued interest thereon at the rate and times hereinafter provided, calculated on the principal balance of this Note from time to time outstanding.
LINE OF CREDIT AGREEMENTLine of Credit Agreement • October 27th, 2017 • Shepherd's Finance, LLC • Short-term business credit institutions • Florida
This Line of Credit Agreement (“Agreement”), dated as of the 23rd day of October 2017, by and between SHEPHERD’S FINANCE, LLC, a Delaware limited liability company, having an address at 12627 San Jose Blvd., Suite 203, Jacksonville, FL 32223 (“Borrower”),
Amendment No. 1 to the Second Amended and Restated Limited Liability Company Agreement Of Shepherd’s Finance, LLCShepherd's Finance, LLC • May 9th, 2019 • Short-term business credit institutions • Delaware
In accordance with Section 14.09 of the Second Amended and Restated Limited Liability Company Agreement, effective as of March 16, 2017 (the “Operating Agreement”), of Shepherd’s Finance, LLC, a Delaware limited liability company (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 1 (this “Amendment”). Capitalized terms used and not otherwise defined in this Amendment shall have the meanings set forth in the Operating Agreement.
MEMBERSHIP INTEREST PURCHASE AGREEMENT FORMembership Interest Purchase Agreement • February 21st, 2024 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS MEMBERSHIP INTEREST PURCHASE AGREEMENT (the “Agreement”) is made effective this _15th__ day of February, 2024, by and between MARK L. HOSKINS, an adult individual and BARRETT HOSKINS, an adult individual (collectively, the “Sellers”) and SHEPHERDS FINANCE, LLC, a Delaware limited liability company (herein the “Buyer”).
SECOND AMENDMENT TO THE LOAN PURCHASE AND SALE AGREEMENTLoan Purchase And • August 12th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions
THIS SECOND AMENDMENT TO THE LOAN PURCHASE AND SALE AGREEMENT (this “Amendment”) entered into on December 24, 2014 (“Agreement”) by and between 1st Financial Bank USA, a bank chartered under the laws of South Dakota and having its principal place of business at 331 Dakota Dunes Boulevard, Dakota Dunes, SD (“1FB”) and Shepherd’s Finance, LLC, a Delaware limited liability company and having its principal place of business at 12627 San Jose Boulevard, Suite 203, Jacksonville, Florida 32223 (“Shepherd’s”) is made this 6th day of August, 2015 .
Seventh Amendment to Credit AgreementCredit Agreement • January 6th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions
This Seventh Amendment to Credit Agreement (“Seventh Amendment”), dated as of the 31st day of December 2014, by and between BENJAMIN MARCUS HOMES, L.L.C., a Pennsylvania limited liability company (“BMH”), INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins, an individual residing in the Commonwealth of Pennsylvania (“Hoskins”),
