0001397403-14-000059 Sample Contracts

GUARANTY (Repayment)
Guaranty • October 24th, 2014 • IMH Financial Corp • Real estate • Texas

THIS GUARANTY (this "Guaranty") is executed effective as of October 20, 2014, by IMH FINANCIAL CORPORATION, a Delaware corporation ("Guarantor"), for the benefit of BANK OF THE OZARKS (together with its successors and assigns, "Lender").

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CONSTRUCTION LOAN AGREEMENT
Construction Loan Agreement • October 24th, 2014 • IMH Financial Corp • Real estate • Texas

THIS CONSTRUCTION LOAN AGREEMENT ("Agreement") is made and entered into effective as of October 20, 2014, by and between IMH GABELLA, LLC, a Delaware limited liability company ("Borrower"), and BANK OF THE OZARKS ("Lender"). For ease of reference the title of the various articles in this Agreement are provided hereinbelow:

AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF SOUTHWEST ACQUISITIONS, LLC
Limited Liability Company Agreement • October 24th, 2014 • IMH Financial Corp • Real estate • Delaware

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT is effective as of October 20, 2014 (the “Effective Date”), and is by and among SOUTHWEST ACQUISITIONS, LLC, a Delaware limited liability company; IMH SPECIAL ASSET NT 175-AVN, LLC, an Arizona limited liability company, as the Manager (as defined below); and the persons executing this Agreement as Members (as defined below).

GUARANTY (Completion)
Guaranty • October 24th, 2014 • IMH Financial Corp • Real estate • Texas

THIS GUARANTY (this "Guaranty") is executed effective as of October 20, 2014, by IMH FINANCIAL CORPORATION, a Delaware corporation ("Guarantor"), for the benefit of BANK OF THE OZARKS (together with its successors and assigns, "Lender").

PROMISSORY NOTE
IMH Financial Corp • October 24th, 2014 • Real estate • Texas

FOR VALUE RECEIVED, IMH GABELLA, LLC, a Delaware limited liability company (whether one or more, "Borrower"), hereby promises to pay to the order of BANK OF THE OZARKS (together with its successors and assigns and any subsequent holders of this Promissory Note, the "Lender"), as hereinafter provided, the principal sum of TWENTY-FOUR MILLION AND NO/100 DOLLARS ($24,000,000.00) or so much thereof as may be advanced by Lender from time to time hereunder to or for the benefit or account of Borrower, together with interest thereon at the Note Rate (as hereinafter defined), and otherwise in strict accordance with the terms and provisions hereof.

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