NINTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF REDWOOD MORTGAGE INVESTORS IX, LLC a Delaware Limited Liability CompanyLimited Liability Company Operating Agreement • March 30th, 2016 • Redwood Mortgage Investors IX • Real estate • Delaware
THIS NINTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of REDWOOD MORTGAGE INVESTORS IX, LLC (the “Company”) is made and entered into as of the 25th day of March, 2016, by REDWOOD MORTGAGE CORP., a California corporation, and the Persons listed on Schedule A attached hereto, as may be amended, modified or supplemented from time to time (the “Members”). This Agreement amends and restates in its entirety the prior limited liability company operating agreement of the Company.
LOAN SERVICING AGREEMENT AND AUTHORIZATION TO COLLECTLoan Servicing Agreement • March 30th, 2016 • Redwood Mortgage Investors IX • Real estate
This Agreement is entered into as of the date set forth below by and between Redwood Mortgage Corp., a California corporation (“Broker”) and the undersigned beneficiary (“Beneficiary”) for the purpose of establishing the terms, conditions and authority for the servicing of a loan evidenced by a promissory note (the “Note”) and deed of trust (the “Deed of Trust”), described as follows:
] Units of Limited Liability Company Interests ($1 per Unit) REDWOOD MORTGAGE INVESTORS IX, LLC ADVISORY AGREEMENTAdvisory Agreement • March 30th, 2016 • Redwood Mortgage Investors IX • Real estate • Delaware
Redwood Mortgage Corp., a California corporation, is the Manager of Redwood Mortgage Investor IX, LLC, a Delaware limited liability company (the “Company”) engaged in business as a mortgage lender. The Manager, on behalf of the Company, proposes to offer and sell to qualified investors, upon the terms and subject to the conditions set forth in the Prospectus dated (the “Prospectus”), units of limited liability company interests (“Units”) of the Company at an offering price of $1 per Unit, with a minimum investment of [ ] ([ ]) Units per purchaser for initial investments and [ ] ([ ]) Units for additional investments by existing members. The offering is for a maximum of [ ] Units ($[ ]), including [ ] Units ($[ ]) issuable pursuant to the Company’s Distribution Reinvestment Plan.
] Units of Limited Liability Company Interests ($1 per Unit) REDWOOD MORTGAGE INVESTORS IX, LLC PARTICIPATING BROKER DEALER AGREEMENTParticipating Broker Dealer Agreement • March 30th, 2016 • Redwood Mortgage Investors IX • Real estate • Delaware
Redwood Mortgage Corp., a California corporation, a California corporation, is the Manager of Redwood Mortgage Investors IX, LLC, a Delaware limited liability company (the “Company”) engaged in business as a mortgage lender. The Company will advance funds to Redwood Mortgage Corp., a California corporation, as part of a loan (the “Formation Loan”) out of which Redwood Mortgage Corp. will pay sales commissions under this Agreement. The Manager, on behalf of the Company, proposes to offer and sell to qualified investors, upon the terms and subject to the conditions set forth in the Prospectus dated (the “Prospectus”), units of limited liability company interests (“Units”) of the Company at an offering price of $1 per Unit, with a minimum investment of [ ] ([ ]) Units per purchaser for initial investments and [ ] ([ ]) Units for additional investments by existing members. The offering is for a maximum of [ ] Units ($[ ]), including [ ] Units ($[ ]) issuable pursuant to the Company’s Distr
FORM OF SUBSCRIPTION AGREEMENT AND POWER OF ATTORNEY REDWOOD MORTGAGE INVESTORS IX, LLC A DELAWARE LIMITED LIABILITY COMPANYSubscription Agreement • March 30th, 2016 • Redwood Mortgage Investors IX • Real estate
The advisor certifies (i) that if the advisor is affiliated with a FINRA firm, that all fees received by him in connection with this transaction will be run through the books and records of the FINRA member firm in compliance with NASD Notice to Members 96-33, NASD Rule 3040 and FINRA Rule 3270; (ii) that if the investor has elected to pay client fees from earnings, the advisor hereby represents and warrants that he is a registered investment advisor under applicable federal and/or state securities laws; (iii) that, if applicable, the advisor understands and acknowledges that neither the company or the managers shall have any liability to him with respect to any client fees paid from members’ earnings under the authorization agreement and that the managers and the company in no way guarantee that there will be sufficient cash for distribution to members and, thus in the case of a signed authorization agreement, sufficient cash for the member to pay the client fees from earnings; and (i
