KDM FUNDING I LLC MORTGAGE SECURED NOTES TRUST INDENTURE AND SECURITY AGREEMENT (RULE 144A PRIVATE PLACEMENTS) DATED AS OF JULY 28, 2022 DELAWARE TRUST COMPANY AS TRUSTEE KORTH DIRECT MORTGAGE INC. AS PAYING AGENT AND AUTHENTICATING AGENTTrust Indenture and Security Agreement • August 5th, 2022 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • New York
INDENTURE dated as of July 28 , 2022, by and among KDM Funding I LLC, a Florida limited liability company (the “Company”), Delaware Trust Company, a state chartered trust company incorporated and existing under the laws of Delaware, as trustee (the “Trustee”), and Korth Direct Mortgage Inc., a Florida corporation and a direct parent of the Company, as Paying Agent and Authenticating Agent (the “Parent Company”).
KORTH DIRECT MORTGAGE LLC MORTGAGE SECURED NOTES UNDERWRITING AGREEMENT BASIC PROVISIONSUnderwriting Agreement • January 27th, 2017 • Korth Direct Mortgage LLC • New York
Korth Direct Mortgage LLC, a Florida Limited Liability Corporation (the “Company”or “KDM”), may issue and sell from time to time series of its Mortgage Secured Notes registered under the registration statement referred to in Section 1(a) hereof. Such debt securities may have varying, designations, currencies, interest rates and payment dates, maturities, redemption provisions and selling prices. The basic provisions set forth herein are intended to be incorporated by reference in a terms agreement of the type referred to in Section 2 hereof relating to the specific series of debt securities to be issued and sold by the Company pursuant thereto (the “Securities”) to the several underwriters named therein (the “Underwriters”). Unless otherwise specified in the applicable terms agreement, the Securities will be issued under an indenture dated as of , between the Company and Delaware Trust Company, as trustee (such trustee or such other replacement or successor trustee as may be named for
SECOND AMENDED AND RESTATED OPERATING AGREEMENT of Korth Direct Mortgage LLCOperating Agreement • October 10th, 2017 • Korth Direct Mortgage LLC • Real estate • Florida
This Second Amended and Restated Operating Agreement (the "Agreement") made and entered into the 2nd day of September, 2016 (the "Execution Date"), is hereby amended this 21st day of June 2017.
KDM FUNDING I LLC PURCHASE AGREEMENT FOR MULTIPLE SERIES OF MORTGAGE SECURED NOTES July 29, 2022Purchase Agreement • August 5th, 2022 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • Florida
The undersigned, KDM Funding I LLC, a Florida limited liability company (the "Company"), proposes to issue and sell to J. W. Korth & Company Limited Partnership, a Michigan limited partnership (the "Initial Purchaser"), certain Mortgage Secured Notes (each such series, the “Notes”) from time to time (each, an “Offering”). Each series of Notes will be issued pursuant to the Trust Indenture and Security Agreement dated July 28, 2022, between the Company and Delaware Trust Company, as trustee (the “Trustee”) (as the same may be amended, supplemented, waived or otherwise modified from time to time in accordance with the terms thereof, the “Indenture”). This Agreement, the Notes and the Indenture are referred to herein as the "Transaction Documents.”
REAL ESTATE MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENTLeases and Rents and Security Agreement • April 19th, 2018 • Korth Direct Mortgage LLC • Real estate
THIS MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (the "Mortgage") is made and entered into as of the ___ day of April 2018, by GLOBAL DISTRIBUTION CENTER, LLC, an Ohio Limited Liability Company, whose post office address is 29180 Glenwood Road, Perrysburg, Ohio 43551 hereinafter (“Mortgagor”) and KORTH DIRECT MORTGAGE, LLC ("Mortgagee"), having offices at 2937 SW 27th Avenue Suite 307, Miami, Florida 33133.
MASTER REPURCHASE AGREEMENT AND SECURITIES CONTRACT among CHURCHILL MRA FUNDING I LLC, as Buyer, KDM MFB LLC, as Seller and Korth Direct Mortgage Inc., as Guarantor Dated as of October 13, 2023Master Repurchase Agreement and Securities Contract • October 20th, 2023 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • New York
ContractLeases and Rents and Security Agreement Ts and Security Agreement • March 28th, 2018 • Korth Direct Mortgage LLC • Real estate
This Instrument Prepared By: JORGE A. FERNANDEZ, ESQ. Jorge A. Fernandez, P.A. 2600 Douglas Road Penthouse 8 Coral Gables, Florida 33134 THIS IS A BALLOON MORTGAGE SECURING A FIXED RATE OBLIGATION WITH A BALLOON PAYMENT DUE ON THE 60TH MONTH. THE FINAL PRINCIPAL PAYMENT OR THE PRINCIPAL BALANCE DUE UPON MATURITY WILL BE APPROXIMATELY $1,850,000.00, TOGETHER WITH ACCRUED INTEREST, IF ANY, AND ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. THE BANK APPLIES ALL PAYMENTS RECEIVED FIRST TO THE INTEREST AND THEN TO THE PRINCIPAL. IN CASE OF LATE PAYMENTS PRINCIPAL MAY NOT AMORTIZE ACCORDING TO SCHEDULE AND THE BALLOON PAYMENT WILL BE INCREASED ACCORDINGLY. FLORIDA REAL ESTATE MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT TS AND SECURITY AGREEMENT (the "Mortgage") is made and entered into as of the 13th day of March, 2018, by MIS NW 345 LLC a Florida Limited Liability Company hereinafter ("Mortgagor") and KORTH DIRECT MORTGAGE, LLC, a Florida Limite
Form of Support AgreementKorth Direct Mortgage LLC • August 11th, 2017 • Mortgage bankers & loan correspondents
In consideration for 100% of the Membership Interests in Korth Direct Mortgage LLC, J. W. Korth & Company, hereby agrees to provide such moneys and staff support as it determines in its sole discretion necessary and reasonable to organize KDM, and allow KDM to pursue its Purpose as stated in its First Amended Operating Agreement. J W Korth & Company further agrees to seek reimbursement for the support provided only after such time as KDM shall maintain a liquid net worth of $1,000,000 for a period of 90 days.
CERTAIN MORTGAGE SERVICING FEE PAYMENTS SALE AGREEMENT By and Among KORTH DIRECT MORTGAGE LLC (Seller) Revocable Intervivos Trust of Valerie W. Korth Trust (Purchaser) JAMES W. KORTH (Guarantor) Dated and effective as of November 30, 2018Sale Agreement • December 6th, 2018 • Korth Direct Mortgage LLC • Real estate • Florida
This CERTAIN MORTGAGE SERVICING FEE PAYMENTS SALE AGREEMENT (“Agreement”), dated as of November 30, 2018, is by and among the Revocable Intervivos Trust of Valerie W. Korth (the “Purchaser”), Korth Direct Mortgage, LLC, a Florida limited liability company the “Seller”), and James W. Korth (the “Guarantor”) ( (Purchaser, Seller, and Guarantor are collectively referred to as the “Parties” and, each, a “Party”).
KORTH DIRECT MORTGAGE LLC UNDERWRITING AGREEMENT FOR MULTIPLE SERIES OF MORTGAGE SECURED NOTES EACH SERIES TO BE ISSUED UNDER SEPARATE REGISTRATION STATEMENTSUnderwriting Agreement • October 10th, 2017 • Korth Direct Mortgage LLC • Real estate • Florida
The undersigned, Korth Direct Mortgage LLC, Florida Limited Liability Corporation (the "Company"), hereby engages J. W. Korth & Company. (the "Placement Agent"), as the sole and exclusive selling agent of the Company in connection with the proposed offering of its Mortgage Secured Notes (the “Notes”) to the public (the "Offering") as follows:
MASTER REPURCHASE AGREEMENT AND SECURITIES CONTRACT AMONG Signature Bank, as buyer (“Buyer”) Signature Bank, as administrative Agent (“Administrative Agent”) Each Seller identified on the Addendum, as seller (“Seller”) Dated as of the Effective Date...Master Repurchase Agreement and Securities Contract • April 6th, 2022 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • New York
This Master Repurchase Agreement and Securities Contract is dated as of the Effective Date by and among the Administrative Agent on behalf of the Buyer and the Seller.
INTELLECTUAL PROPERTY LICENSING AND ROYALTY AGREEMENTIntellectual Property Licensing and Royalty Agreement • June 15th, 2023 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • Florida
This INTELLECTUAL PROPERTY LICENSE AND ROYALTY AGREEMENT (this “Agreement”), dated as of June __, 2023 (the “Effective Date”), is entered into by and between James W. Korth an individual residing at 4022 S Douglas Road, Miami, FL 33133 (the “Licensor”) and Korth Direct Mortgage Inc. (“Licensee”), a corporation organized under the laws of Florida with a principal business address of 135 San Lorenzo Avenue, Suite 600, Coral Gables, FL 33146.
ContractKorth Direct Mortgage Inc. • May 19th, 2020 • Real estate
LIMITED GUARANTYLimited Guaranty • October 20th, 2023 • Korth Direct Mortgage Inc. • Mortgage bankers & loan correspondents • New York
THIS LIMITED GUARANTY, dated as of October 13, 2023 (as may be amended, restated, supplemented or otherwise modified and in effect from time to time, this “Guaranty”), is made by Korth Direct Mortgage Inc., a Florida corporation (“Guarantor”), in favor of CHURCHILL MRA FUNDING I LLC, as buyer (“Buyer”).
PURCHASE AGREEMENTPurchase Agreement • August 6th, 2020 • Korth Direct Mortgage Inc. • Real estate
PURCHASE AGREEMENT dated and effective as of July 31, 2020, by and among KORTH DIRECT MORTGAGE INC., a Florida corporation (“KDM”); J.W. KORTH & COMPANY LIMITED PARTNERSHIP, a Michigan limited partnership (the “Partnership”); and JW KORTH LLC, a Florida limited liability company (“General Partner”) (each a “Party” and collectively the “Parties.”)
Form of Support AgreementKorth Direct Mortgage LLC • January 27th, 2017
In consideration for 100% of the Membership Interests in Korth Direct Mortgage LLC, J. W. Korth & Company, hereby agrees to provide such moneys and staff support as it determines in its sole discretion necessary and reasonable to organize KDM, and allow KDM to pursue its Purpose as stated in its First Amended Operating Agreement. J W Korth & Company further agrees to seek reimbursement for the support provided only after such time as KDM shall maintain a liquid net worth of $1,000,000 for a period of 90 days.
ContractKorth Direct Mortgage LLC • October 10th, 2017 • Real estate
In consideration for 100% of the Membership Interests in Korth Direct Mortgage LLC, J. W. Korth & Company, hereby agrees to provide such moneys and staff support as it determines in its sole discretion necessary and reasonable to organize KDM, and allow KDM to pursue its Purpose as stated in its First Amended Operating Agreement. J W Korth & Company further agrees to seek reimbursement for the support provided only after such time as KDM shall maintain a liquid net worth of $1,000,000 for a period of 90 days.
FIRST AMENDMENT TO PURCHASE AGREEMENTPurchase Agreement • August 16th, 2021 • Korth Direct Mortgage Inc. • Real estate • Florida
This First Amendment to Purchase Agreement (the “Amendment”) is executed on August 16, 2021 is effective as of July 31, 2020, and amends that certain Purchase Agreement dated and effective as of July 31, 2020 (the “Purchase Agreement”), by and among KORTH DIRECT MORTGAGE INC., a Florida corporation (“KDM”); J.W. KORTH & COMPANY LIMITED PARTNERSHIP, a Michigan limited partnership (the “Partnership”); and JW KORTH LLC, a Florida limited liability company (“General Partner”) (each a “Party” and collectively the “Parties.”)
