ACCOUNT CONTROL AGREEMENTAccount Control Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
ACCOUNT CONTROL AGREEMENT (the “Agreement”) dated as of June 22, 2011 among CAPITAL ONE, NATIONAL ASSOCIATION, having an address at 275 Broadhollow Road, Melville, NY 11747 (“Bank”), BRT RLOC LLC, a New York limited liability company, having an address at c/o BRT Realty Trust, 60 Cutter Mill Road, Suite 303, Great Neck, New York 11021 (“Debtor”), and CAPITAL ONE, NATIONAL ASSOCIATION, as Agent for the Lenders (as defined below), having an address at 275 Broadhollow Road, Melville NY 11747 (together with its successors and assigns, hereinafter referred to as “Secured Party”).
SERVICING AND ASSET MANAGEMENT AGREEMENT Between BRT REALTY TRUST as Servicer and Asset Manager and BRT RLOC LLC as Lender Dated as of June , 2011Servicing and Asset Management Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
THIS SERVICING AND ASSET MANAGEMENT AGREEMENT (this “Agreement”) is made as of June , 2011, between BRT REALTY TRUST, a business trust formed under and pursuant to the laws of the Commonwealth of Massachusetts (the “Servicer”), and BRT RLOC LLC a New York limited liability company, as Lender (the “Lender”).
CUSTODIAL AGREEMENTCustodial Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts
CUSTODIAL AGREEMENT, dated as of June 22, 2011 (this “Agreement”), among CAPITAL ONE, NATIONAL ASSOCIATION (“Capital One”), as custodian (together with its successors in such capacity, the “Custodian”), BRT RLOC LLC (the “Borrower”), BRT REALTY TRUST, as Servicer (together with its successors in such capacity, the “Servicer”), and CAPITAL ONE, NATIONAL ASSOCIATION, as Agent (the “Agent”).
LOAN AND SECURITY AGREEMENT Dated as of June 22, 2011 among BRT RLOC LLC, as Borrower and BRT REALTY TRUST, as Guarantor and BRT REALTY TRUST, as Servicer and LENDERS FROM TIME TO TIME PARTY HERETO, as Lenders and CAPITAL ONE, NATIONAL ASSOCIATION, as...Loan and Security Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
WHEREAS, Lenders desire to provide financial accommodations to Borrower on the terms and conditions specified herein;
GUARANTYGuaranty • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
This GUARANTY (this “Guaranty”), dated as of June 22, 2011, made by BRT REALTY TRUST, a Massachusetts business trust (the “Company”), in favor of CAPITAL ONE, NATIONAL ASSOCIATION, acting as agent for itself and Lenders. Capitalized terms not otherwise defined herein that are defined in the Loan Agreement referred to below shall, when used herein, have the meanings specified in the Loan Agreement.
REVOLVING LOAN NOTE RECITALSBRT Realty Trust • June 23rd, 2011 • Real estate investment trusts • New York
