0000892569-08-001403 Sample Contracts

DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILING NOTICE: THIS DOCUMENT IS ALSO BEING RECORDED AS A FIXTURE FILING UNDER SECTION 9501 OF THE CALIFORNIA UNIFORM COMMERCIAL CODE AND, AS SUCH COVERS ANY GOODS WHICH ARE...
Secured Principal LLC • October 27th, 2008 • California

This DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT, AND FIXTURE FILING, effective as of , is made by , as Borrower (“Borrower”), having its principal office address at , in favor of , as trustee (“Trustee”), on behalf of Lender (as hereinafter defined), with a mailing address of , for the benefit of SECURED PRINCIPAL, LLC, a Delaware limited liability company, as lender (“Lender”), having an office located at , Attention: . This Deed of Trust (as hereinafter defined), is made in connection with the loan (“Loan”), evidenced by the Note (as hereinafter defined).

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LIMITED LIABILITY COMPANY AGREEMENT OF SECURED PRINCIPAL, LLC A DELAWARE LIMITED LIABILITY COMPANY
Limited Liability Company Agreement • October 27th, 2008 • Secured Principal LLC

This Limited Liability Company Agreement of SECURED PRINCIPAL, LLC, a Delaware limited liability company (the “Company”), effective as of the Effective Date, is made by and among Tony Brandlin (the “Manager”) and the Packard Family Trust dated June 23, 2003 (the “Packard Trust”) and the Stewart Family Trust dated August 13, 1990 as restated (the “Stewart Trust” and, together with the Packard Trust, the “Members”).

SECURITY AGREEMENT
Security Agreement • October 27th, 2008 • Secured Principal LLC • California

THIS SECURITY AGREEMENT (“Agreement”), dated as of , 200 , is made by , (“Grantor”), in favor of SECURED PRINCIPAL, LLC, a Delaware limited liability company (“Secured Party”).

SECURITY AGREEMENT (Pledge of Limited Liability Company Interest)
Security Agreement • October 27th, 2008 • Secured Principal LLC • California

THIS SECURITY AGREEMENT (this “Agreement”) is made as of , 20 , between APARTMENT ASSETS, a Delaware limited liability company (“Pledgor”), and SECURED PRINCIPAL, LLC, a Delaware limited liability company (“Secured Party”), with reference to the following facts:

GUARANTY
Guaranty • October 27th, 2008 • Secured Principal LLC • California

THIS GUARANTY (“Guaranty”) is made as of , 20 , by APARTMENT ASSETS, LLC, a Delaware limited liability company (“Guarantor”) in favor of SECURED PRINCIPAL, LLC, a Delaware limited liability company (“Lender”).

ENVIRONMENTAL INDEMNITY AGREEMENT (Mezzanine Loan)
Environmental Indemnity Agreement • October 27th, 2008 • Secured Principal LLC

THIS ENVIRONMENTAL INDEMNITY AGREEMENT (“Agreement”) is made as of , 20 , by (“Borrower”) and APARTMENT ASSETS, LLC, a Delaware limited liability company (“Member”) (Borrower and Member are jointly and severally the “Indemnitors”), for the benefit of SECURED PRINCIPAL, LLC, a Delaware limited liability company (“Lender”), and its successors and assigns.

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