0001019687-15-000071 Sample Contracts

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SHEPHERD’S FINANCE, LLC ESTABLISHING SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITS

Limited Liability Company Agreement • January 6th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions

• Contract Type
  Limited Liability Company Agreement
• Filed
  January 6th, 2015
• Company
  Shepherd's Finance, LLC
• Industry
  Short-term business credit institutions

In accordance with Section 3.05 and Article IX of the Amended and Restated Limited Liability Company Agreement, effective as of December 31st, 2014 (the “Operating Agreement”), of Shepherd’s Finance, LLC (the “Company”), the Operating Agreement is hereby amended by this Amendment No. 1 thereto (this “Amendment”) to establish a series of up to 10 preferred units of membership interest in the Company which shall be designated the “Series B Cumulative Redeemable Preferred Units” (the “Preferred Units”), having the rights, preferences, powers, privileges and restrictions, qualifications and limitations set forth below and which shall be issued to Investor’s Mark Acquisitions, LLC (“IMA” or the “Purchaser”). Certain terms used herein are defined in Section 9 of Exhibit I hereto. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Operating Agreement.

SHEPHERD’S FINANCE, LLC Series B Cumulative Redeemable Preferred Unit PURCHASE AGREEMENT

Preferred Unit Purchase Agreement • January 6th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions • Delaware

• Contract Type
  Preferred Unit Purchase Agreement
• Filed
  January 6th, 2015
• Company
  Shepherd's Finance, LLC
• Industry
  Short-term business credit institutions
• Jurisdiction
  Delaware

THIS Series B Cumulative Redeemable Preferred Unit PURCHASE AGREEMENT (this “Agreement”) is made and entered into this 31st day of December, 2014, by and among Investor’s Mark Acquisitions, LLC (“IMA”), a Delaware limited liability company (the “Purchaser”), and SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (the “Company”).

Seventh Amendment to Credit Agreement

Credit Agreement • January 6th, 2015 • Shepherd's Finance, LLC • Short-term business credit institutions

• Contract Type
  Credit Agreement
• Filed
  January 6th, 2015
• Company
  Shepherd's Finance, LLC
• Industry
  Short-term business credit institutions

This Seventh Amendment to Credit Agreement (“Seventh Amendment”), dated as of the 31st day of December 2014, by and between BENJAMIN MARCUS HOMES, L.L.C., a Pennsylvania limited liability company (“BMH”), INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins, an individual residing in the Commonwealth of Pennsylvania (“Hoskins”),