MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (KANSAS - REVISION DATE 05-1 1-2004) FHLMC Loan No. 940972379And Security Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS MULTIFAMILY MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the “Instrument”) is made as of October 4, 2006, between Cascade Joint Venture, L.P., a limited partnership organized and existing under the laws of Kansas, whose address is c/o W. Robert Kohorst, Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, CA 91101, as mortgagor (“Borrower”), and NorthMarq Capital, Inc., a corporation organized and existing under the laws of Minnesota, whose address is 3500 American Boulevard West, Suite 500, Bloomington, Minnesota 55431, as mortgagee (“Lender”). Borrower’s organizational identification number, if applicable, is 2122828.
PROPERTY MANAGEMENT AGREEMENT Sunwood VillageProperty Management Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
This PROPERTY MANAGEMENT AGREEMENT (the “Agreement”) is dated as of March 11, 2005 between SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHIP, a Nevada limited partnership (“Owner”), and CONAM MANAGEMENT CORPORATION, a California corporation (“Manager”). Owner owns the apartment building commonly known as Sunwood Village, located at 4020 S. Arville, Las Vegas, Nevada (the “Property”). Owner desires to engage Manager, and Manager desires to accept such engagement, to manage, lease, operate, and maintain the Property on the terms and subject to the conditions set forth herein.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
ENVIRONMENTAL INDEMNITY AGREEMENT (the “Agreement”) made as of ___ ____, 2007, by EVEREST HICKORY GLEN, LP, a Kansas limited partnership, having an office at c/o Everest Properties, 199 South Los Robles Avenue, Suite 200, Pasadena, California 91101 (“Borrower”), and SECURED INVESTMENT RESOURCES FUND, LP II, a Delaware limited partnership, having an office at c/o Everest Properties, 199 South Los Robles Avenue, Suite 200, Pasadena, California 91101 (“Principal;” Borrower and Principal hereinafter collectively referred to as “Indemnitor”), in favor of LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an office at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801, Attention: John Herman (“Indemnitee”) and other Indemnified Parties (defined below).
PROMISSORY NOTESecured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate
FOR VALUE RECEIVED, EVEREST BAYBERRY, LP, a California limited partnership, as maker, having its principal place of business at c/o Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, California 91101 Attn: W. Robert Kohorst (“Borrower”), hereby unconditionally promises to pay to the order of LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an address at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801 (“Lender”), or at such other place as the holder hereof may from time to time designate in writing, the principal sum of Three Million One Hundred Twenty-Five Thousand and 00/100 Dollars ($3,125,000.00), in lawful money of the United States of America with interest thereon to be computed from the date of disbursement under this Note at the Applicable Interest Rate (defined below), and to be paid in installments as provided herein.
EVEREST HICKORY GLEN, LP, as Mortgagor (Borrower) LEHMAN BROTHERS BANK, FSB, as Mortgagee (Lender) MORTGAGE AND SECURITY AGREEMENTMortgage And • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
AMENDED AGREEMENT OF LIMITED PARTNERSHIP OF SUNWOOD VILLAGE JO INT VENTURE LIMITED PARTNERSHIPAgreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
This Agreement is made and entered into on this 9th day of August, 2001 by and between Sunwood Village Inc., a Nevada corporation (“General Partner”) and Secured Investment Resources Fund, L.P. II, Delaware limited partnership (“Limited Partner”). The General Partner and Limited Partner may be referred to collectively as the “Partners”.
MANAGEMENT FEE SUBORDINATION AGREEMENTManagement Fee Subordination Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
This Management Fee Subordination Agreement (“Agreement”), made and entered into as of October 4, 2006, by and between NorthMarq Capital, Inc., a Minnesota corporation (“Lender”), Cascade Joint Venture, L.P., a Kansas limited partnership (“Borrower”), and Maxus Properties, Inc., a Missouri corporation (“Agent”).
SECURITY AGREEMENTSecurity Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • California
THIS SECURITY AGREEMENT (this “Agreement”) is entered into as of April 23, 2007, by EVEREST PROPERTIES II, LLC, a California limited liability company (“Debtor”), for the benefit of EAST WEST BANK, a California banking corporation (“Secured Party”).
AGREEMENT OF LIMITED PARTNERSHIP OF CASCADE JOINT VENTURE, L.P.Certificate and Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • Kansas
This Agreement is made and entered into on this 24th day of February, 1999, by and between James R. Hoyt and Secured Investment Resources Fund, L.P., a Kansas limited partnership (collectively the “General Partners”) and Secured Investment Resources Fund, L.P., a Kansas limited partnership (“Limited Partner’). The General Partners and Limited Partner may be referred to collectively as the “Partners”.
EXCLUSIVE RIGHT TO LEASE AGREEMENT (MISSOURI)Exclusive Right to Lease Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • Missouri
THIS AGREEMENT is made by and between SECURED INVESTMENT RESOURCES FUND, L.P. II, a Delaware limited partnership (“OWNER”) and WINBURY REALTY OF KANSAS CITY, INC. (“BROKER”). By this Agreement OWNER retains and appoints BROKER as OWNER’S Exclusive Agent to assist OWNER with the lease by OWNER of the property described herein (“Property”). OWNER and BROKER expressly agree that BROKER shall have the sole and exclusive right to lease the Property during the term of this Agreement. OWNER agrees to refer all inquiries and prospects OWNER may receive, directly or indirectly, to BROKER, and OWNER hereby gives permission to BROKER to enter the property at reasonable times to show it to prospects.
SETTLEMENT AGREEMENTSettlement Agreement • October 26th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • Kansas
This Settlement Agreement, dated November 28, 2006 (for identification purposes), is reached by and among Secured Investment Resources Fund, L.P., a Kansas limited partnership (“SIR1”), Secured Investment Resources Fund, L.P. II, a Delaware limited partnership (“SIR2,” and together with SIR1, “Plaintiffs”), James R. Hoyt (“Hoyt”), SPECS, Inc., a Kansas corporation (“SPECS”), and Antique Sampler Shoppes, Inc. (a.k.a. DGUYDJ, Inc.), a Kansas corporation (“Antique,” and together with SPECS and Hoyt, “Defendants”).
EVEREST HICKORY GLEN, LP, as Assignor (BORROWER) LEHMAN BROTHERS BANK, FSB, as Assignee (LENDER) ASSIGNMENT OF LEASES AND RENTSEverest Hickory • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS ASSIGNMENT OF LEASES AND RENTS (“Assignment”) is made as of __________, ____20___, by EVEREST HICKORY GLEN, LP, a Kansas limited partnership, as assignor, having its principal place of business at c/o Everest Properties, 199 South Los Robles Avenue, Suite 200, Pasadena, California 91101 (“Borrower”) to LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, as assignee, having an address at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801, Attention: John Herman (“Lender”).
GUARANTYGuaranty • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • California
THIS GUARANTY is entered into as of April 23, 2007, by W. ROBERT KOHORST (“Guarantor”), in favor of EAST WEST BANK, a California banking corporation (“Lender”).
EVEREST HICKORY GLEN, LP AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPSecured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate • Kansas
This Amended and Restated Agreement of Limited Partnership of Everest Hickory Glen, LP (the “Partnership”), effective as of December 6, 2006, is entered into by and among the Partners set forth below, pursuant to the Kansas Revised Uniform Limited Partnership Act (the “Act”) on the following terms and conditions.
PROMISSORY NOTESecured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate
FOR VALUE RECEIVED, the undersigned, SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHJP, a Nevada limited partnership (“Borrower”), whose address is c/o SPECS, Inc., Suite LH-06, 4200 Blue Ridge Boulevard, Kansas City, Missouri 64133, promises to pay to the order of FIRST UNION NATIONAL BANK, a national banking association (“Lender”), at the office of Lender at 201 South Tryon Street, Suite 130, PMB Box #4, Charlotte, North Carolina 28202, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of TEN MILLION EIGHTY THOUSAND AND 00/100 DOLLARS ($10,080,000.00) together with interest on so much thereof as is from time to time outstanding and unpaid, from the date of the advance of the principal evidenced hereby, at the rate of seven and one hundred twenty-five thousandths (7.125%) percent per annum (the “Note Rate”), in la* money of the United Stares of America, which shall at the time of payment be legal tender in payment of all debts
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
References in the shaded area are for Lender’s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing “***” has been omitted due to text length limitations
PROPERTY MANAGEMENT AGREEMENT Sunwood VillageManagement Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
This PROPERTY MANAGEMENT AGREEMENT (the "Agreement") is dated as of September 12, 2006 between SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHIP, a Nevada limited partnership, in its capacity as Debtor and Debtor in Possession in Case No. BK-S-06-12643 ("Owner"), and CONAM MANAGEMENT CORPORATION, a California corporation ("Manager").
ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEESManagement Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS ASSIGNMENT OF MANAGEMENT AGREEMENT AND SUBORDINATION OF MANAGEMENT FEES (“Assignment”) is made as of the ____ day of August, 2006, by EVEREST BAYBERRY, LP, a California limited partnership, having its principal place of business at c/o Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, California 91101 Attn: W. Robert Kohorst (“Borrower”), to LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an address at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801 (“Lender”), and is acknowledged and consented to by WINBURY REALTY OF K.C., INC., a Missouri corporation having its principal place of business at 4520 Main Street, Suite 1000, Kansas City, Missouri 641 11 (“Agent”), for the benefit of Lender.
ASSIGNMENT OF AGREEMENTS, PERMITS AND CONTRACTSPermits and Contracts • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS ASSIGNMENT OF AGREEMENTS, PERMITS AND CONTRACTS (“Assignment”) is made as of the ___day of August, 2006, by EVEREST BAYBERRY, LP, a California limited partnership, having its principal place of business at c/o Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, California 91101 Attn: W. Robert Kohorst (“Borrower”), to LEHMAN BROTHERS BANK, FSB, a federal stock savings bank, having an address at c/o Lehman Brothers, Inc., 1000 West Street, Wilmington, Delaware 19801 (“Lender”).
TERMINATION AGREEMENT (Oak Terrace Joint Venture, L.P. Project)Termination Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • New York
This Termination Agreement (the “Agreement”) is made this 29th day of December, 2006 by and among EVEREST HICKORY GLEN, LP (formerly known as OAK TERRACE JOINT VENTURE, L.P.) a Kansas limited partnership (the “Borrower”); SECURED INVESTMENT RESOURCES FUND, L.P. II, a Delaware limited partnership and limited partner of the Borrower (the “Limited Partner”); CREDIT SUISSE (formerly Credit Suisse First Boston), acting by and through its New York branch (“Credit Suisse”); and CREDITRE MORTGAGE CAPITAL, L.L.C. a Delaware limited liability company (“Credit Re,” and together with Borrower, the Limited Partner and Credit Suisse, the “Parties,” and each a “Party”).
INDEMNITY AND GUARANTY AGREEMENTIndemnity and Guaranty Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of the 1st day of August, 2001, by SUNWOOD VILLAGE, INC., a Nevada corporation (“Indemnitor”), whose address is c/o SPECS, Inc., Suite LH-06, 4200 Blue Ridge Boulevard, Kansas City, Missouri 64133, in favor of FIRST UNION NATIONAL BANK, a national banking association, whose address is 201 South Tryon Street, Suite 130, PMB Box #4, Charlotte, North Carolina 28202 (“Lender”).
ASSIGNMENT OF MANAGEMENT AGREEMENT AND EXCLUSIVE RIGHT TO LEASE AGREEMENTLease Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS ASSIGNMENT OF MANAGEMENT AGREEMENT AND EXCLUSIVE RIGHT TO LEASE AGREEMENT (“Assignment”) is made as of the ____ day of April, 2006, by and among SECURED INVESTMENT RESOURCES FUND, L.P. II, a Delaware limited partnership (“SIR II”), and EVEREST BAYBERRY, LP, a California limited partnership (“Borrower”), each having its principal place of business at c/o Everest Properties, 199 S. Los Robles Avenue, Suite 200, Pasadena, California 91 101 Attn: W. Robert Kohorst, and WINBURY REALTY OF K.C., INC., a Missouri corporation (“Agent”).
AMENDMENT TO AMENDED AGREEMENT OF LIMITED PARTNERSHIP OF SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHIPSecured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate
This Amendment (“Amendment”) to Amended Agreement of Limited Partnership of Sunwood Village Joint Venture, Limited Partnership (the “Partnership” or “Sunwood”) is made and entered into as of June 6, 2005, by and among Millenium Management, LLC, a California limited liability company (“Millenium” or “General Partner”), Secured Investment Resources Fund, L.P. II (“SIR-2”), Keith A. Kohorst, David I. Lesser and Continental American Properties, Ltd. (“Con-Am).
CASCADE JOINT VENTURE, L.P. ASSIGNMENT OF PARTNERSHIP INTERESTAgreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
RECORDING REQUESTED BY: AND WHEN RECORDED RETURN TO: East West BankSecured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate
MANAGEMENT AGREEMENTManagement Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • Missouri
THIS AGREEMENT is entered into this lst day of July, 1996, by and between Sunwood Village Joint Venture, L.P. a Nevada Limited Partnership acting herein by and through James R. Hoyt, authorized general partner, (“OWNER”) and SPECS, Inc., a Kansas Corporation (“MANAGER) with reference to the following facts:
EVEREST BAYBERRY, LP LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • California
This Limited Partnership Agreement, effective as of March 21, 2006, is entered into by and among the Partners set forth below, pursuant to the Act on the following terms and conditions.
ESCROW AGREEMENTEscrow Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
This Escrow Agreement (the “Agreement”) is made this 23rd day of April, 2007 by and among EVEREST PROPERTIES II, LLC, a California limited liability company (“Everest”), EAST WEST BANK, a California banking corporation (“EWB”), and WELLS FARGO BANK, N.A., A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF FIRST UNION NATIONAL BANK COMMERCIAL MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001 -C4 (“Assignor”).
GUARANTY MULTISTATE (for use in all jurisdictions except California) REVISION DATE 05/06/05Secured Investment Resources Fund Lp Ii • September 14th, 2007 • Real estate
This Guaranty ("Guaranty") is entered into to be effective as of October 4, 2006, by the undersigned person(s) (the "Guarantor" jointly and severally if more than one), for the benefit of NorthMarq Capital, Inc., a Minnesota corporation (the "Lender").
AMENDMENT TO PROMISSORY NOTEPromissory Note • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate • Nevada
This Amendment To Promissory Note (the “Amendment”), is entered into as of the ___ day of September, 2001, by and SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHIP, a Nevada limited partnership (“Maker”), having its principal place of business c/o SPECS, Inc., Suite LH-06, 4200 Blue Ridge Boulevard, Kansas City, Missouri 64133, and FIRST UNION NATIONAL BANK, a national banking association (“Lender”), having its principal office at 201 South Tryon Street, Suite 130, PMB Box #4, Charlotte, North Carolina
HAZARDOUS SUBSTANCES INDEMNITY AGREEMENTIndemnity Agreement • September 14th, 2007 • Secured Investment Resources Fund Lp Ii • Real estate
THIS HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT (this “Agreement”), made as of the 1st day of August, 2001, is by SUNWOOD VILLAGE JOINT VENTURE, LIMITED PARTNERSHIP, a Nevada limited partnership (“Borrower”), whose address is c/o SPECS, Inc., Suite LH-06, 4200 Blue Ridge Boulevard, Kansas City, Missouri 64133 and by SUNWOOD VILLAGE, INC., a Nevada corporation (“Principal”), whose address is C/O SPECS, Inc., Suite LH-06, 4200 Blue Ridge Boulevard, Kansas City, Missouri 64133, jointly and severally (Borrower and Principal being referred to herein collectively as “Indemnitors” and individually as “Indemnitor”), in favor of FIRST UNION NATIONAL BANK, a national banking association, (“Lender”), whose address is at the office of Lender at 201 South Tryon Street, Suite 130, PMB Box #4, Charlotte, North Carolina 28202.
