0000841501-14-000025 Sample Contracts

GUARANTY (Repayment)
Guaranty • June 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

THIS GUARANTY (this "Guaranty") is executed effective as of June 12, 2014, by OWENS REALTY MORTGAGE, INC., a Maryland corporation, (“Owens Realty”) and OWENS FINANCIAL GROUP, INC., a California corporation (“Owens Financial” and jointly and severally with Owens Realty, "Guarantor"), for the benefit of BANK OF THE OZARKS (together with its successors and assigns, "Lender").

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CONSTRUCTION LOAN AGREEMENT
Construction 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:

GUARANTY (Carveout)
Guaranty Agreement • June 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

THIS GUARANTY (this "Guaranty") is executed effective as of June 12, 2014, by OWENS REALTY MORTGAGE, INC., a Maryland corporation (“Owens Realty”) and OWENS FINANCIAL GROUP, INC., a California corporation (“Owens Financial” and jointly and severally with Owens Realty, "Guarantor"), for the benefit of BANK OF THE OZARKS (together with its successors and assigns, "Lender").

ENVIRONMENTAL INDEMNITY AGREEMENT
Environmental Indemnity Agreement • June 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

Environmental Laws: Any federal, state or local law, statute, ordinance, order, decree, code, directive or regulation, whether now or hereafter in effect, pertaining to health, industrial hygiene or the environmental conditions on, under or about the Mortgaged Property, including, but not limited to, the following, as now or hereafter amended: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), 42 U.S.C. § 9601 et seq.; Resource, Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq. as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), Pub. L. 99-499, 100 Stat. 1613; the Toxic Substances Control Act ("TSCA"), 15 U.S.C. § 2601 et seq.; Emergency Planning and Community Right to Know Act of 1986 ("EPCRA"), 42 U.S.C. § 11001 et seq.; Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq.; Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq.; Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. § 1251 et seq.; any applica

Contract
Assignment of Rents And • June 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

POST-CLOSING AGREEMENT
Post-Closing Agreement • June 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

THIS POST-CLOSING AGREEMENT (“Agreement”) is dated as of June 12, 2014 between TOTB North, LLC, a Florida limited liability company (“Borrower”) and BANK OF THE OZARKS, an Arkansas state bank (“Bank”).

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