AMENDED AND RESTATED PROMISSORY NOTE (TRIBBLE ROAD LOAN)Comstock Homebuilding Companies, Inc. • March 31st, 2009 • Operative builders
LOAN MODIFICATION AND FORBEARANCE AGREEMENTLoan Modification and Forbearance Agreement • March 31st, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • North Carolina
This LOAN MODIFICATION AND FORBEARANCE AGREEMENT (“Agreement”) is made and entered into as of December 10, 2008 (the “Effective Date”) by and among COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Borrower”); COMSTOCK MASSEY PRESERVE, L.L.C., a Virginia limited liability company (“Comstock Massey”); COMSTOCK HOMES OF RALEIGH, L.L.C., a North Carolina limited liability company (“Comstock Raleigh”); COMSTOCK HOLLAND ROAD, L.L.C., a Virginia limited liability company (“Comstock Holland”); COMSTOCK HOMES OF ATLANTA, LLC, a Georgia limited liability company (“Comstock Atlanta”); COMSTOCK JAMES ROAD, LLC, a Georgia limited liability company (“Comstock James Road”); TRIBBLE ROAD DEVELOPMENT, LLC, a Georgia limited liability company (“Tribble Road Development”); COMSTOCK SUMMERLAND, L.C., a Virginia limited liability company (“Comstock Summerland”); COMSTOCK LANDING, LLC, a Virginia limited liability company (“Comstock Landing”); COMSTOCK WAKEFIELD, LLC, a Virginia limited liabi
SIXTH LOAN MODIFICATION AGREEMENTSixth Loan Modification Agreement • March 31st, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS SIXTH LOAN MODIFICATION AGREEMENT (this “Agreement” or this “Modification”) is made as of the day of November, 2008 but effective as of the Effective Date (defined below), by and among: COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (the “Borrower,” whether one or more) and BANK OF AMERICA, N.A., a national banking association, its successors and assigns (the “Lender”).
FORBEARANCE AND CONDITIONAL RELEASE AGREEMENTForbearance and Conditional Release Agreement • March 31st, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Georgia
THIS FORBEARANCE AND CONDITIONAL RELEASE AGREEMENT (this “Agreement”) is entered into as of November , 2008 (the “Effective Date”), by and among HIGHLAND AVENUE PROPERTIES, LLC, a Georgia limited liability company (“Highland Avenue”) and COMSTOCK HOMES OF ATLANTA, LLC, a Georgia limited liability company, successor by merger to Parker-Chandler Homes, Inc., a Georgia limited liability company (“Comstock Atlanta”), each a “Borrower” and collectively the “Borrowers”; COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Guarantor”), and BANK OF AMERICA, N.A., a national banking association (“Lender”).
