0001654954-21-010461 Sample Contracts

INTERCREDITOR AGREEMENT
Intercreditor Agreement • September 28th, 2021 • GK Investment Property Holdings II LLC • Real estate

THIS INTERCREDITOR AGREEMENT (this “Agreement”) dated as of the 30th day of July, 2021, is made by and among GK INVESTMENT HOLDINGS, LLC, a Delaware limited liability company (“Lender 1”), GK INVESTMENT PROPERTY HOLDINGS II, LLC, a Delaware limited liability company (“Lender 2”), and GK SECURED INCOME V, LLC, a Delaware limited liability company (“Lender 3”), (Lender 1, Lender 2, and Lender 3 are each a “Lender” and collectively, the “Lenders”).

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PROMISSORY NOTE
GK Investment Property Holdings II LLC • September 28th, 2021 • Real estate

FOR VALUE RECEIVED, GK PREFERRED INCOME II (RIDGMAR) SPE, LLC, a Delaware limited liability company (“GK Borrower”) and 1551 KINGSBURY PARTNERS SPE, LLC, a Delaware limited liability company (“Kingsbury Borrower”; and together with GK Borrower, individually or collectively, as the context requires, “Borrower”), jointly and severally, hereby promise to pay to the order of GK INVESTMENT PROPERTY HOLDINGS II, LLC, a Delaware limited liability company (“Lender”) the principal sum of THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00), with interest thereon, according to the terms of this Promissory Note (this “Note”).

CONTRIBUTION AGREEMENT
Contribution Agreement • September 28th, 2021 • GK Investment Property Holdings II LLC • Real estate • Illinois

THIS CONTRIBUTION AGREEMENT is made this 25th day of June, 2021 (the “Effective Date”) by and between RF GROCERY, LLC an Illinois limited liability company (“Assignor”) to GK DST – RIVER FOREST GROCERY, a Delaware statutory trust (“Assignee”).

GK PREFERRED INCOME II (RIDGMAR) SPE, LLC and (collectively, “Trustor”) to REBECCA S. CONRAD (“Trustee”) for the Benefit of GK INVESTMENT PROPERTY HOLDINGS II, LLC (“Beneficiary”) DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITYAGREEMENT...
Preferred Income Ii • September 28th, 2021 • GK Investment Property Holdings II LLC • Real estate • Texas

THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (this “Deed of Trust”), made as of August 16, 2021, by GK PREFERRED INCOME II (RIDGMAR) SPE, LLC, a Delaware limited liability company (“GK Trustor”) and 1551 KINGSBURY PARTNERS SPE, LLC, a Delaware limited liability company (“Kingsbury Trustor”, together with GK Trustor, individually or collectively, as the context requires, the “Trustor”), each having an office at c/o GK Real Estate, 257 East Main Street, Suite 200, Barrington, Illinois 60010, to REBECCA S. CONRAD, having an address at 2828 Routh Street, Suite 800, Dallas, Texas (“Texas”), as Trustee, for the benefit of GK INVESTMENT PROPERTY HOLDINGS II, LLC, a Delaware limited liability company (together with its successors and assigns, hereinafter referred to as “Beneficiary”), having an address c/o GK Real Estate, 257 East Main Street, Suite 200, Barrington, Illinois 60010.

TRUST AGREEMENT OF GK DST – RIVER FOREST GROCERY A DELAWARE STATUTORY TRUST
Operating Agreement • September 28th, 2021 • GK Investment Property Holdings II LLC • Real estate • Illinois

This TRUST AGREEMENT of GK DST – RIVER FOREST GROCERY, a Delaware statutory trust (the “Trust”), dated as of June 10, 2021, is made between Sorensen Entity Services LLC, as co-trustee (the “Delaware Trustee”) and River Forest Grocery – GK Services LLC, a Delaware limited liability company, as co-trustee (the “Signatory Trustee,” and together with the Delaware Trustee, the “Trustees”), and RF Grocery, LLC, an Illinois limited liability company (the “Depositor”) of the Trust, and any other person who subsequently signs this agreement (the “Trust Agreement”) and becomes a party to it.

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • September 28th, 2021 • GK Investment Property Holdings II LLC • Real estate

THIS LOAN MODIFICATION AGREEMENT (the "Agreement") is made and entered into as of the 21st day of July, 2021 by and among BARRINGTON BANK & TRUST COMPANY, N.A., ("Lender"), RF GROCERY, LLC, an Illinois limited liability company (“Original Borrower"), GK DST – RIVER FOREST GROCERY, a Delaware statutory trust (herein called "New Borrower") and GK DEVELOPMENT, INC., an Illinois corporation, d/b/a GK REAL ESTATE ("Guarantor").

AMENDED AND RESTATED NOTE
GK Investment Property Holdings II LLC • September 28th, 2021 • Real estate • Illinois
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