Owens Realty Mortgage, Inc. Sample Contracts
INDEMNIFICATION AGREEMENTIndemnification Agreement • May 28th, 2013 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the ____ day of _______, 2013, by and between Owens Realty Mortgage, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).
AGREEMENT AND PLAN OF MERGERMerger Agreement • November 9th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Maryland
AGREEMENT AND PLAN OF MERGER, dated as of November 7, 2018 (this "Agreement"), by and among Ready Capital Corporation, a Maryland corporation ("Parent"), ReadyCap Merger Sub, LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent ("Merger Sub"), and Owens Realty Mortgage, Inc., a Maryland corporation (the "Company").
GUARANTY (Repayment)Guaranty • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
THIS GUARANTY (this "Guaranty") is executed effective as of November 17, 2014, by OWENS REALTY MORTGAGE, INC., a Maryland corporation, (“Owens Realty”)
SETTLEMENT AGREEMENTSettlement Agreement • January 4th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Maryland
This SETTLEMENT AGREEMENT (this "Agreement") is made and entered into as of December 29, 2017, by and among Freestone Opportunity Partners LP ("FOP"), Freestone Opportunity Qualified Partners LP ("FOQP"), Freestone Investments LLC, Freestone Capital Management, LLC, Freestone Capital Holdings, LLC, Erik Morgan and Gary I. Furukawa (collectively, the "Investors") and Owens Realty Mortgage, Inc., a Maryland corporation (the "Company") (each of the Investors and the Company, a "Party" to this Agreement, and collectively, the "Parties").
ContractAssignment of Rents and Revenues • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
THIS INSTRUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Johnston, Allison & Hord, PA Attn: Wanda C. Townsend 1065 East Morehead Street Charlotte, NC 28204
SECURITY AGREEMENTSecurity Agreement • September 6th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
As of September 4, 2018, in connection with that certain Second Amended and Restated Credit Agreement, dated on or about the date hereof by and among Owens Realty Mortgage, Inc., a Maryland corporation ("Borrower"), ZB, N.A. dba California Bank & Trust (who also does business as California Bank & Trust, a division of ZB, N.A.), successor by merger to California Bank & Trust, as Agent for the Lenders (as defined therein) (in such capacity, the "Agent") and the Lenders party thereto, as amended, modified, extended, renewed or restated from time to time (collectively, the "Credit Agreement"), and for value received, the undersigned Borrower pledges, assigns and grants to Agent for and on behalf of the Lenders, a continuing security interest and lien (any pledge, assignment, security interest or other lien arising hereunder is sometimes referred to herein as a "security interest") in the Collateral (as defined below) to secure payment when due, whether by stated maturity, demand, accelerat
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • June 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
THIS CONSTRUCTION LOAN AGREEMENT ("Agreement") is made and entered into effective as of June 12, 2014, by and between TOTB, North, LLC, a Florida limited liability company ("Borrower"), and BANK OF THE OZARKS ("Lender"). For ease of reference the title of the various articles in this Agreement are provided hereinbelow:
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 6th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Agreement amends and restates in its entirety those certain (a) Amended and Restated Credit Agreement dated April 16, 2015, by and among Agent, Lenders and Borrower, (b) Addendum to Credit Agreement (Agency Provisions) dated April 16, 2015 among Agent, Lenders and Borrower, (c) Amended and Restated Advance Formula Agreement dated April 16, 2015, by and among Agent, Lenders and Borrower, and (d) (i) Second Amended and Restated Master Revolving Note dated as of June 5, 2017, in the principal amount of $35,000,000, by Borrower to the order of ZB, N.A. dba California Bank & Trust, (ii) Second Amended and Restated Master Revolving Note dated as of June 5, 2017, in the principal amount of $20,000,000, by Borrower to the order of First Bank, and (iii) Master Revolving Note dated as of June 5, 2017, in the principal amount of $20,000,000, by Borrower to the order of Umpqua Bank (each as previously amended, collectively, the "Prior Credit Agreement Documents", and any indebtedness outstand
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this "Agreement") is executed effective as of November 17, 2014, by TOTB Miami, LLC, a Florida limited liability company (“Borrower”) and Owens Realty Mortgage, Inc., a Maryland corporation, and Owens Financial Group, Inc., a California corporation (collectively, “Guarantor”) (Guarantor and Borrower are herein individually, collectively, jointly and severally, "Indemnitor"), for the benefit of BANK OF THE OZARKS ("Lender").
SECOND NOTE REVISION AGREEMENTSecond Note Revision Agreement • June 1st, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts
This Agreement refers to the loan evidenced by the above Master Revolving Note dated June 5, 2017 in favor of Bank executed by OWENS REALTY MORTGAGE, INC., a Maryland corporation ("Borrower"), in the original principal amount of $20,000,000, payable in full on June 1, 2018.
Space Above Line for Processing Data _____________________________Modification Agreement • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
THIS MODIFICATION AGREEMENT (“Modification Agreement”), effective as of November 17, 2014, is by and between TOTB NORTH, LLC (“Borrower”), with a mailing address of 2221 Olympic Boulevard, Walnut Creek, California 94595; BANK OF THE OZARKS (“Lender”), with a mailing address of 8201 Preston Road, Suite 700, Dallas, Texas 75225; and OWENS REALTY MORTGAGE, INC. and OWENS FINANCIAL GROUP, INC. (collectively, “Guarantor”).
SECOND NOTE REVISION AGREEMENTSecond Note Revision Agreement • June 1st, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts
This Agreement refers to the loan evidenced by the above Second Amended and Restated Master Revolving Note dated June 5, 2017 in favor of Bank executed by OWENS REALTY MORTGAGE, INC., a Maryland corporation ("Borrower"), in the original principal amount of $35,000,000, payable in full on June 1, 2018.
FIRST NOTE REVISION AGREEMENTFirst Note Revision Agreement • March 5th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts
This Agreement refers to the loan evidenced by the above Second Amended and Restated Master Revolving Note dated June 5, 2017 in favor of Bank executed by OWENS REALTY MORTGAGE, INC., a Maryland corporation ("Borrower"), in the original principal amount of $20,000,000, payable in full on March 1, 2018.
AMENDMENT NO. 1 TO MANAGEMENT AGREEMENTManagement Agreement • April 3rd, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Amendment No. 1 (this "Amendment") is executed as of April 2, 2018 between Owens Realty Mortgage, Inc. a Maryland corporation (the "Company"), and Owens Financial Group, Inc., a California corporation (the "Manager"), for the purpose of amending the Management Agreement between the Company and the Manager dated May 20, 2013, as amended (the "Management Agreement"). Capitalized terms used herein but not defined shall be given the meanings assigned to them in the Management Agreement.
REAL ESTATE TERM LOAN NOTEReal Estate Term Loan Note • December 30th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts
This note is referred to in, and is subject to the terms and conditions of the Credit Agreement. Without limitation, the Credit Agreement contains provisions for acceleration of the maturity hereof upon the occurrence of certain stated events.
CREDIT AGREEMENTCredit Agreement • February 14th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Agreement is entered into as of February 5, 2014, by and between California Bank & Trust (“Bank”) and Owens Realty Mortgage, Inc., a Maryland corporation (“Borrower”).
MANAGEMENT AGREEMENTManagement Agreement • May 20th, 2013 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
THIS MANAGEMENT AGREEMENT is made as of May 20, 2013, by and between OWENS REALTY MORTGAGE, INC., a Maryland corporation (the “Company”), and OWENS FINANCIAL GROUP, INC., a California corporation (the “Manager”).
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 8th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Arizona
This Construction Loan Agreement is made as of August 3, 2016, by and between ZALANTA RESORT AT THE VILLAGE, LLC, a California limited liability company (“ZRV”), and ZALANTA RESORT AT THE VILLAGE - PHASE II, LLC, a California limited liability company (“ZRVII”, and individually and collectively, jointly, severally, and jointly and severally with ZRV, the “Borrower”) having its principal office at 2221 Olympic Boulevard, Walnut Creek, California 94595, and WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), whose mailing address is 5335 Kietzke Lane, Suite 200, Reno, Nevada 89511.
COOPERATION AGREEMENTCooperation Agreement • March 19th, 2019 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Maryland
This Cooperation Agreement (this “Agreement”), effective as of March 14, 2019 (the “Effective Date”), is entered into by and among Owens Realty Mortgage, Inc., a Maryland corporation (the “Company”), Eric D. Hovde, Steven D. Hovde, Hovde Capital Ltd., Hovde Capital Advisors, LLC, Financial Institution Partners III, LP, James P. Hua, Opal Capital Partners, LP, Opal Advisors, LLC (collectively, the “Hovde Group”), and other Affiliates of the Hovde Group that are or hereafter become beneficial owners of any shares of Common Stock (as defined below) (each member or Affiliate of the Hovde Group is referred to herein as a “Hovde Party” and collectively, the “Hovde Parties”). The Company and the Hovde Parties are together referred to herein as the “Parties,” and each, a “Party.”
ContractOmnibus Assignment of Agreements • August 8th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Arizona
SEVENTH AMENDMENT TO PURCHASE AGREEMENT AND DEPOSIT RECEIPTPurchase Agreement • June 8th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts
THIS SEVENTH AMENDMENT TO PURCHASE AGREEMENT AND DEPOSIT RECEIPT (the "Seventh Amendment") is made as of June 7, 2016, by and among TOTB Miami, LLC, a Florida limited liability company (“Miami Seller”), TOTB North, LLC, a Florida limited liability company (“North Seller”, and together with Miami Seller, “Sellers" or “Seller”), and Interwest Capital Corporation, a California corporation (“Buyer”), with reference to the following facts:
ADVANCE FORMULA AGREEMENTAdvance Formula Agreement • February 14th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Advance Formula Agreement (the “Agreement”) is made as of February 5, 2014, by and between California Bank & Trust (“Bank”) and Owens Realty Mortgage, Inc., a Maryland corporation (“Borrower).
GUARANTYGuaranty • December 30th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This guaranty is dated as of December 15, 2014. It is by OWENS REALTY MORTGAGE, INC., a Maryland corporation (“Guarantor”), to and in favor of RABOBANK, N.A., a national banking association (“Lender”).
SECURED REVOLVING CREDIT LOAN AGREEMENT by and between OWENS REALTY MORTGAGE, INC. (“Borrower”) and OPUS BANK, a California commercial bank (together with its successors and assigns, “Lender”) Dated: April 22, 2014 Loan No.: 500638Secured Revolving Credit Loan Agreement • April 28th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This SECURED REVOLVING CREDIT LOAN AGREEMENT is dated as of April 22, 2014 (together with any amendments or modifications hereto in effect from time to time, the “Agreement”), between OWENS REALTY MORTGAGE, INC., a Maryland corporation (“Borrower”), and OPUS BANK, a California commercial bank (together with its successors and assigns, “Lender”).
REAL ESTATE SALE AGREEMENT by and between and ALBERTA DEVELOPMENT PARTNERS, LLC, as Purchaser UNIVERSITY SQUARE SHOPPING CENTERReal Estate Sale Agreement • March 16th, 2015 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Colorado
THIS REAL ESTATE SALE AGREEMENT (this “Agreement”) is made as of November 10, 2014 (the “Contract Date”), by and between 720 UNIVERSITY, LLC, a Wyoming limited liability company (“Seller”) and ALBERTA DEVELOPMENT PARTNERS, LLC, a Colorado limited liability company (“Purchaser”).
CREDIT AGREEMENTCredit Agreement • December 30th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This agreement is dated as of December 15, 2014. It is between TAHOE STATELINE VENTURE, LLC, a California limited liability company (“Borrower”) and RABOBANK, N.A., a national banking association (“Lender”).
FIRST NOTE REVISION AGREEMENTFirst Note Revision Agreement • March 5th, 2018 • Owens Realty Mortgage, Inc. • Real estate investment trusts
This Agreement refers to the loan evidenced by the above Master Revolving Note dated June 5, 2017 in favor of Bank executed by OWENS REALTY MORTGAGE, INC., a Maryland corporation ("Borrower"), in the original principal amount of $20,000,000, payable in full on March 1, 2018.
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 24th, 2015 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Amended and Restated Credit Agreement (“Agreement”) is entered into as of April 16, 2015, by and among the financial institutions from time to time signatory hereto (individually, a “Lender” and collectively, the “Lenders”), California Bank & Trust, as Administrative Agent for the Lenders (in such capacity, the “Agent”), and Owens Realty Mortgage, Inc., a Maryland corporation (“Borrower”). The Lenders are California Bank & Trust and First Bank and the terms “Lender” and “Lenders” includes Agent in its capacity as provider of Swing Line Loans.
Prepared by and Return To: Wanda C. Townsend Johnston, Allison & Hord, P.A.Collateral Assignment of Declaration Rights • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas
LAND AND ENTITLEMENT PURCHASE AGREEMENTLand and Entitlement Purchase Agreement • September 27th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of September 22nd 2016, by and between Tahoe Stateline Venture, LLC ("Seller"), and Jianping Pan, Kawana Holdings LLC and/or nominee (collectively, "Buyer") or assignee with reference to the following:
OWNERSHIP LIMIT WAIVER AGREEMENTOwnership Limit Waiver Agreement • March 29th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts
THIS OWNERSHIP LIMIT WAIVER AGREEMENT (this “Agreement”), dated as of March 25, 2016, is between Owens Realty Mortgage, Inc., a Maryland corporation (the “Company”), and Nantahala Capital Management, LLC. Capitalized terms used, but not otherwise defined, in this Agreement shall have the meanings given to them in the hereinafter-mentioned Charter.
PURCHASE AGREEMENT AND DEPOSIT RECEIPTPurchase Agreement • March 22nd, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Florida
This Agreement (the “Agreement”) is made and entered into to be effective as of March 16, 2016 (“Effective Date”) by and among Interwest Capital Corporation or its assignee, hereinafter designated as "Buyer," and TOTB Miami, LLC., as to that portion of the Property (as herein defined) owned by it, and TOTB North, LLC, as to that portion of the Property (as defined herein) owned by it, hereinafter each designated as a "Seller" and collectively as the “Sellers”. Collectively the Sellers own the Property.
AMENDED AND RESTATED ADVANCE FORMULA AGREEMENTAdvance Formula Agreement • April 24th, 2015 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This Amended and Restated Advance Formula Agreement (the “Agreement”) is entered into as of April 16, 2015, by and among the financial institutions from time to time signatory hereto (individually, a “Lender” and collectively, the “Lenders”), California Bank & Trust, as Administrative Agent for the Lenders (in such capacity, the “Agent”), and Owens Realty Mortgage, Inc., a Maryland corporation (“Borrower”). The Lenders are California Bank & Trust and First Bank and the terms “Lender” and “Lenders” includes Agent in its capacity as provider of Swing Line Loans.
REPAYMENT GUARANTYRepayment Guaranty • August 8th, 2016 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Arizona
THIS REPAYMENT GUARANTY (the “Guaranty”) is made as of August 3, 2016, by OWENS REALTY MORTGAGE, INC., a Maryland corporation (“Guarantor”), whose address is set forth in Section 9 hereof, in favor of WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), whose address is 5335 Kietzke Lane, Suite 200, Reno, Nevada 89511.
ENVIRONMENTAL CERTIFICATE AND INDEMNITY AGREEMENT (El Dorado County, California)Environmental Certificate and Indemnity Agreement • December 30th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • California
This agreement is dated as of December 15, 2014. It is by TAHOE STATELINE VENTURE, LLC, a California limited liability company (“Indemnitor”), to and in favor of RABOBANK, N.A., a national banking association ("Indemnified Party").