0001564590-18-022829 Sample Contracts

multifamily LOAN AND SECURITY AGREEMENT – seniors housing
Multifamily Loan and Security Agreement • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts
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GUARANTY MULTISTATE (Revised 4-19-2018)
Strategic Student & Senior Housing Trust, Inc. • September 7th, 2018 • Real estate investment trusts

THIS GUARANTY (“Guaranty”) is entered into to be effective as of August 31, 2018, by STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation (“Guarantor”, collectively if more than one), for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association (“Lender”).

MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
Security Agreement • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts • Oregon

THIS MULTIFAMILY DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (“Instrument”) is made this 31st day of August, 2018, by SSSHT PROPCO SE DIVISION STREET, LLC, a limited liability company organized and existing under the laws of Delaware, whose address is 10 Terrace Road, Ladera Ranch, California 92694, as grantor (“Borrower”), to Lawyers Title of Oregon, LLC, whose address is 121 SW Morrison Street, Suite 500, Portland, Oregon 97204, as trustee, (“Trustee”), for the benefit of KEYBANK NATIONAL ASSOCIATION, a national banking association, whose address is 127 Public Square, 8th Floor, Cleveland, Ohio 44114, as beneficiary (“Lender”). Borrower’s organizational identification number, if applicable, is 6938407.

FIRST CREDIT AGREEMENT SUPPLEMENT AND AMENDMENT
First Credit Agreement Supplement And • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts • Massachusetts

THIS FIRST CREDIT AGREEMENT SUPPLEMENT AND AMENDMENT (this “Amendment” is dated as of the 31st day of August, 2018 (the “Effective Date”) by and among SSSHT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, NOBLE PPS, LLC, a Nevada limited liability company and H. MICHAEL SCHWARTZ, a California resident, each having an address at c/o SmartStop Asset Management, LLC, 10 Terrace Road, Ladera Ranch, CA 92694 (collectively, “Borrower”) and KEYBANK NATIONAL ASSOCIATION, a national banking association having a principal place of business at 225 Franklin Street, 16th Floor, Boston, Massachusetts 02110 (“Lender”).

OMNIBUS AMENDMENT AND REAFFIRMATION OF LOAN DOCUMENTS
Loan Documents • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts • Massachusetts

THIS OMNIBUS AMENDMENT AND REAFFIRMATION OF LOAN DOCUMENTS (this “Amendment”) is dated as of the 31st day of August, 2018 (the “Effective Date”) by and among SSSHT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“SSSHTOP”), NOBLE PPS, LLC, a Nevada limited liability company (“Noble”), STRATEGIC STUDENT & SENIOR HOUSING TRUST, INC., a Maryland corporation (“Guarantor”), SSSHT STUDENT HOLDCO, LLC, a Delaware limited liability company (“Student Holdco”), SSSHT SENIOR HOLDCO, LLC, a Delaware limited liability company (“Senior Holdco”), SSSHT TRS, INC., a Delaware corporation (“TRS”); and ENCORE CAPITAL GROUP, LLC, a Nevada limited liability company (“Encore”, and collectively, jointly and severally with SSSHTOP, Noble, Guarantor, Student Holdco, Senior Holdco and TRS, the “Credit Parties” and individually a “Credit Party”) and KEYBANK NATIONAL ASSOCIATION, a national banking association having a principal place of business at 225 Franklin Street, 16th Floor, Boston, Massachuse

AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENT
Advisory Agreement • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts • California

This AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENT (this “Amendment”) is executed this 6th day of September, 2018 by and among Strategic Student & Senior Housing Trust, Inc., a Maryland corporation (the “Company”), SSSHT Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”) and SSSHT Advisor, LLC, a Delaware limited liability company (the “Advisor”).

AMENDED AND RESTATED PROMISSORY NOTE
Promissory Note • September 7th, 2018 • Strategic Student & Senior Housing Trust, Inc. • Real estate investment trusts • Nevada

This Note is subject to (a) mandatory prepayment and (b) prepayment at the option of the Borrower, as provided in the Credit Agreement.

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