0000841501-14-000049 Sample Contracts

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”)

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GUARANTY (Carveout)
Guaranty Agreement • 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”), 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 • 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").

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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”).

Contract
Owens Realty Mortgage, Inc. • November 18th, 2014 • 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

Prepared by and Return To: Wanda C. Townsend Johnston, Allison & Hord, P.A.
Owens Realty Mortgage, Inc. • November 18th, 2014 • Real estate investment trusts • Texas
LOAN AGREEMENT
Loan Agreement • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

THIS LOAN AGREEMENT ("Agreement") is made and entered into effective as of November 17, 2014, by and between TOTB Miami, 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:

Contract
Mortgage, Security Agreement and Fixture Filing • 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, Esq. 1065 East Morehead Street Charlotte, NC 28204

ASSIGNMENT AND SUBORDINATION OF MANAGEMENT AGREEMENT
Assignment and Subordination of Management Agreement • November 18th, 2014 • Owens Realty Mortgage, Inc. • Real estate investment trusts • Texas

THIS ASSIGNMENT AND SUBORDINATION OF MANAGEMENT AGREEMENT (this "Assignment") is executed effective as of November 17, 2014, by and between TOTB Miami, LLC, a Florida limited liability company ("Borrower"), having an address at 2221 Olympic Blvd., Walnut Creek, CA 94595 and Internacional Realty Management, LLC a Texas limited liability company ("Manager"), having an address at 2251 Broadway, Suite 108, San Antonio, Texas 78215 for the benefit of BANK OF THE OZARKS and its successors and assigns ("Lender"), having an address at 8201 Preston Road, Suite 700, Dallas, Texas 75225.

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