Modiv Divisibles, LLC Sample Contracts

AMENDED AND RESTATED OPERATING AGREEMENT OF REITLESS IMPACT INCOME STRATEGIES LLC Dated as of November 2, 2018
Operating Agreement • April 30th, 2019 • Reitless Impact Income Strategies LLC • Real estate investment trusts • Delaware

This AMENDED AND RESTATED OPERATING AGREEMENT OF REITLESS IMPACT INCOME STRATEGIES LLC, is dated as of November 2, 2018. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in Section 1.1 or Section 13.1.

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ESCROW AGREEMENT FOR
Escrow Agreement • August 29th, 2018 • Reitless Impact Income Strategies LLC • Real estate investment trusts • Delaware

THIS ESCROW AGREEMENT, effective as of , (“Escrow Agreement”), is by, between and among North Capital Private Securities Corporation, a Delaware Corporation, located at 623 E Ft. Union Blvd, Suite 101, Salt Lake City, UT 84047 (“NCPS”); North Capital Investment Technology, Inc. (“Portal”), a Delaware corporation, located at 623 E Ft. Union Blvd, Suite 101, Salt Lake City, UT 84047, The Kingdom Trust Company (“TKTC”), a South Dakota trust company, located at 1105 State Route 121 North, Suite B, Murray, Kentucky 42071, as Escrow Agent hereunder (“Escrow Agent”); and REITless Impact Income Strategies LLC, a Delaware limited liability company (“Issuer”) located at 623 E Ft. Union Blvd, Suite 101, Salt Lake City, UT 84047.

SHARED SERVICES AGREEMENT
Shared Services Agreement • August 29th, 2018 • Reitless Impact Income Strategies LLC • Real estate investment trusts • Delaware

This Shared Services Agreement (this “Agreement”) is entered into as of __________ ___, 2018, by and between North Capital Investment Technology, Inc., a Delaware corporation (“NCIT”) and North Capital, Inc., a Nevada corporation (the “Manager”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Amended and Restated Operating Agreement of REITless Impact Income Strategies LLC, dated as of the date hereof (as the same may be amended from time to time, the “Operating Agreement”).

Software and Services License Agreement
Software and Services License Agreement • August 29th, 2018 • Reitless Impact Income Strategies LLC • Real estate investment trusts • California

This Software and Services License Agreement (the “Agreement”) is made and effective _____________________ (the “Effective Date”) between North Capital Investment Technology, Inc. (“Licensor” or “NCIT”), a Delaware corporation with its head office located at 623 E Fort Union Boulevard, Suite 101, Salt Lake City, UT 84047, and REITless Impact Income Strategies LLC(“Licensee”), a limited liability company organized and existing under the laws of the State of Delaware, located at 623 E Fort Union Boulevard, Suite 101, Salt Lake City, UT 84047.

AMENDED AND RESTATED OPERATING AGREEMENT OF REITLESS IMPACT INCOME STRATEGIES LLC Dated as of September 30, 2019
Operating Agreement • October 18th, 2019 • Reitless Impact Income Strategies LLC • Real estate investment trusts • Delaware

This AMENDED AND RESTATED OPERATING AGREEMENT OF REITLESS IMPACT INCOME STRATEGIES LLC, is dated as of September 30, 2019. Capitalized terms used herein without definition shall have the respective meanings ascribed thereto in Section 1.1 or Section 13.1.

SECOND LOAN MODIFICATION AGREEMENT
Second Loan Modification Agreement • September 24th, 2021 • Modiv Divisibles, LLC • Real estate investment trusts • Texas

THIS SECOND LOAN MODIFICATION AGREEMENT (“Agreement”) dated and deemed effective as of September 23, 2021 (the “Modification Date”), is entered into by and among RU OLD DENTON ROAD FORT WORTH TX, LLC, a California limited liability company (“Borrower”) and NEXBANK, a Texas state bank (formerly known as NexBank SSB, a Texas state savings bank) (“Lender”). Capitalized terms used herein without definition shall have the meanings provided in the Loan Agreement (as defined below).

Fifth Amendment to Loan Agreement
Loan Agreement • September 24th, 2021 • Modiv Divisibles, LLC • Real estate investment trusts

THIS FIFTH AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between PACIFIC MERCANTILE BANK (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.

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