Building Loan Agreement Sample Contracts

IMH Financial Corp – Building Loan Agreement/Disbursement Schedule (November 20th, 2017)

THIS BUILDING LOAN AGREEMENT/DISBURSEMENT SCHEDULE (this "Agreement") is made and entered into as of October 2, 2017, by and among L'AUBERGE DE SONOMA, LLC, a Delaware limited liability company ("Borrower"), MIDFIRST BANK, a federally chartered savings association ("Agent"), and each bank, including Agent, named on the signature pages hereto and such other banks as may from time to time become a party to this Agreement pursuant to the terms hereof (each, including Agent, a "Bank", and collectively, "Banks"); with reference to the following facts:

Comstock Homebuilding Companies – Building Loan Agreement (May 15th, 2017)

THIS BUILDING LOAN AGREEMENT (as amended, modified or supplemented from time to time, Agreement), dated as of the 15th day of February, 2017, by and between (i) EAGLEBANK (the Lender), and (ii) COMSTOCK SIXTH STREET, LLC, a Virginia limited liability company (the Borrower), recites and provides:

KBS Strategic Opportunity REIT, Inc. – BUILDING LOAN AGREEMENT Dated as of March 6, 2017 Among (May 12th, 2017)

This BUILDING LOAN AGREEMENT, dated as of March 6, 2017 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this "Agreement"), among 110 WILLIAM PROPERTY INVESTORS III, LLC, a Delaware limited liability company, having its principal place of business at 430 Park Avenue, 12th Floor, New York, NY 10022 ("Borrower") and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company ("MSMCH"), having an office at 1585 Broadway, New York, New York 10036, as administrative agent (including any of its successors and assigns, "Agent") for MORGAN STANLEY BANK, N.A., a national banking association having an office at 1585 Broadway, New York, New York 10036 ("MSBNA"), and the other Lenders party hereto (together with such other co-lenders as may exist from time to time, "Lender" or "Lenders") .

KBS Strategic Opportunity REIT II, Inc. – BUILDING LOAN AGREEMENT Between (February 2nd, 2017)

THIS BUILDING LOAN AGREEMENT is made and entered into as of December 1, 2016, by and between 210 WEST 31st STREET OWNER, LLC, a Delaware limited liability company ("Borrower"), and PACIFICCAL PC CORE LENDER, LLC, a Delaware limited liability company (together with its successors and/or assigns, "Lender").

Taubman Centers – BUILDING LOAN AGREEMENT Between TRG IMP LLC as Borrower and PNC BANK, NATIONAL ASSOCIATION as Administrative Agent And (August 20th, 2015)

THIS BUILDING LOAN AGREEMENT ("Agreement") dated as of August 14, 2015 by and among TRG IMP LLC, a Delaware limited liability company ("Borrower"), each of the financial institutions initially a signatory hereto together with their assignees under Section 13.13 ("Lenders"), and PNC BANK, NATIONAL ASSOCIATION ("PNC") as contractual representative of the Lenders to the extent and in the manner provided in Article 12 (in such capacity, the "Administrative Agent").

AAC Holdings, Inc. – Building Loan Agreement (July 11th, 2014)

THIS BUILDING LOAN AGREEMENT (this Agreement) is executed as of October 8, 2013, by and between GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company (Borrower), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Lender). The Borrower and Lender are collectively referred to herein as the Parties and individually as a Party.

AAC Holdings, Inc. – Building Loan Agreement (June 25th, 2014)

THIS BUILDING LOAN AGREEMENT (this Agreement) is executed as of October 8, 2013, by and between GREENHOUSE REAL ESTATE, LLC, a Texas limited liability company (Borrower), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Lender). The Borrower and Lender are collectively referred to herein as the Parties and individually as a Party.

Brt Realty Trust – BUILDING LOAN AGREEMENT Dated as of September 11, 2012 BY AND AMONG GSB NMTC INVESTOR LLC, a Delaware Limited Liability Company (Administrative Agent) And (December 13th, 2012)

WHEREAS, on the date hereof, GS Halsey 2 NMTC Investment Fund LLC, a Delaware limited liability company (the Investment Fund) will make an equity investment in the (a) NCIF Lender in the amount of $10,000,000 (the NCIF Equity Investment), (b) Carver Lender in the amount of $12,500,000 (the Carver Equity Investment), (c) BA Lender in the amount of $10,000,000 (the BA Equity Investment), and (d) GS Lender in the amount of $8,500,000 (the GS Equity Investment), each of which shall be designated as a qualified equity investment or QEI) under Section 45D of the Internal Revenue Code of 1986, as amended, or corresponding provisions of subsequent superseding federal revenue laws (the Code), in exchange for an equity interests therein; and

Brt Realty Trust – BUILDING LOAN AGREEMENT Dated as of September 11, 2012 BY AND BETWEEN GOLDMAN SACHS BANK USA, a New York State Chartered Bank (Lender) and TEACHERS VILLAGE PROJECT a QALICB URBAN RENEWAL ENTITY, LLC, a New Jersey Limited Liability Company (Borrower) (December 13th, 2012)

WHEREAS, in order to finance the development of the Project (as hereinafter defined) the Lender has determined to provide certain financing for the Project, which financing is in addition to certain other financing the Borrower is receiving pursuant to that certain building loan agreement, dated as of the date hereof, among Borrower, GSNMF SUB-CDE 2 LLC, NCIF NEW MARKETS CAPITAL FUND IX CDE, LLC, CARVER CDC SUBSIDIARY CDE 21, LLC, BACDE NMTC FUND 4, LLC, and GSB NMTC Investor Member LLC, as administrative agent (the QLICI Loan Agreement); and

DAIRYLAND HP LLC TO COMMERCIAL LENDING II LLC BUILDING LOAN AGREEMENT (Leasehold) Dated: April 26, 2012 Location: 200-240 Food Center Drive, Bronx, New York the Premises Are Also Known as Section 10, Block 2770, P/O Lot 1 and Section 10, Block 2781, P/O Lot 500 on the Tax Map of the City of New York for County of Bronx, City and State of New York RECORD AND RETURN TO: Mayo Crowe LLC (May 1st, 2012)

THIS BUILDING LOAN AGREEMENT made the 26th day of April, 2012, between COMMERCIAL LENDING II LLC, a Delaware limited liability company having an office at 106 Corporate Park Drive, White Plains, New York 10604 (its successors and/or assigns, hereinafter referred to as the Lender), and DAIRYLAND HP LLC, a Delaware limited liability company having and office located at c/o Dairyland USA Corporation, 100 East Ridge Road, Ridgefield, Connecticut 06877 (hereinafter referred to as the Borrower);

DAIRYLAND HP LLC TO COMMERCIAL LENDING II LLC BUILDING LOAN AGREEMENT (Leasehold) Dated: April 26, 2012 Location: 200-240 Food Center Drive, Bronx, New York the Premises Are Also Known as Section 10, Block 2770, P/O Lot 1 and Section 10, Block 2781, P/O Lot 500 on the Tax Map of the City of New York for County of Bronx, City and State of New York RECORD AND RETURN TO: Mayo Crowe LLC (April 30th, 2012)

THIS BUILDING LOAN AGREEMENT made the 26th day of April, 2012, between COMMERCIAL LENDING II LLC, a Delaware limited liability company having an office at 106 Corporate Park Drive, White Plains, New York 10604 (its successors and/or assigns, hereinafter referred to as the Lender), and DAIRYLAND HP LLC, a Delaware limited liability company having and office located at c/o Dairyland USA Corporation, 100 East Ridge Road, Ridgefield, Connecticut 06877 (hereinafter referred to as the Borrower);

MORTGAGE NOTE (New Market Tax Credit Loan) (April 30th, 2012)

FOR VALUE RECEIVED, DAIRYLAND HP LLC, a Delaware limited liability company having and office located at c/o Dairyland USA Corporation, 100 East Ridge Road, Ridgefield, Connecticut 06877 (the Maker), promises to pay to COMMERCIAL LENDING II LLC, a Delaware limited liability company having an office at 106 Corporate Park Drive, White Plains, New York 10604 (the Payee), or order, at said office, or at such place as may be designated from time to time in writing by the Payee, the principal sum of Eleven Million and no/100 Dollars ($11,000,000.00) in lawful money of the United States of America, with interest thereon from and including the date of this Note to, but not including, the date this Note is paid in full calculated in the manner hereinafter set forth, as follows:

CNL Growth Properties, Inc. – BUILDING LOAN AGREEMENT (Commercial Buildings) (August 12th, 2011)

THIS BUILDING LOAN AGREEMENT (Agreement) is executed as of May 20, 2011, by and between GR-105 LONG POINT VENTURE, LLC, a Delaware limited liability company (Borrower), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Lender).

First Amendment to Building Loan Agreement (May 5th, 2011)

Late Charge. If Borrower fails to pay, within five (5) days of its due date, any amount due and owing pursuant to this Note or the Loan Documents, including, without limitation, any Escrow payment due and owing, Borrower shall immediately pay to the Lender a late charge equal to five percent (5%) of the delinquent amount (the "Late Fee"); provided, however, if Borrower has timely satisfied all conditions for an interest advance under the Loan Documents and there is sufficient availability under the construction budget and under the Loan to make a requested interest advance and Lender fails to make such an advance for any reason not within the control of Borrower, then a Late Fee shall not accrue with respect to such Interest payment.

Second Amendment to Building Loan Agreement (February 28th, 2011)

This SECOND AMENDMENT TO BUILDING LOAN AGREEMENT (this Amendment), dated as of October 20, 2010 (the Effective Date), by and between U.S. BANK NATIONAL ASSOCIATION, NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE MAIDEN LANE COMMERCIAL MORTGAGE-BACKED SECURITIES TRUST 2008-1, c/o Bank of America, 900 West Trade Street, S 650, NCI-026-06-01, Charlotte, North Carolina 28255 (Lender) and ACADIA ATLANTIC AVENUE, LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue-Suite 260, White Plains, New York 10605 (Borrower), and acknowledged and agreed to by ACADIA STRATEGIC OPPORTUNITY FUND II, LLC, a Delaware limited liability company (Fund II), POST MANAGEMENT, LLC, a Delaware limited liability company (Post; Fund II and Post, individually and/or collectively, as the context may require, the Guarantor) and SELF STORAGE MANAGEMENT LLC, a Delaware limited liability company (Manager).

BUILDING LOAN AGREEMENT Dated as of December 26, 2007 Between ACADIA ATLANTIC AVENUE LLC, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as Lender MERS MIN: 8000101-0000007166-1 (November 8th, 2010)
BUILDING LOAN AGREEMENT Dated as of December 10, 2007 Between P/A-Acadia PELHAM MANOR, LLC, as Borrower and BEAR STEARNS COMMERCIAL MORTGAGE, INC., as Lender MERS MIN: 8000101-0000007140-6 (November 8th, 2010)

THIS BUILDING LOAN AGREEMENT, dated as of December 10, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this "Agreement" or sometimes, this "Building Loan Agreement"), is made by and between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 ("Lender") and P/A-ACADIA PELHAM MANOR, LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue - Suite 260, White Plains, New York 10605, as Borrower ("Borrower").

Exhibit a Description of Property Exhibit B Documents Exhibit C Financial Requirement Analysis Exhibit D Disbursement Plan Exhibit E Transfer Authorizer Designation Exhibit F Form of Assignment of Construction Contract Exhibit G Form of Assignment of Architects Agreement and Plans and Specifications Exhibit H Form of Snda Exhibit I Form of Completion Guaranty (July 27th, 2010)

THIS BUILDING LOAN AGREEMENT (Agreement) is entered into as of July 21, 2010, by and between TPG-BROOKHOLLOW, L.P., a Delaware limited partnership (Borrower), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Lender).

Building Loan Agreement (February 19th, 2010)

THIS BUILDING LOAN AGREEMENT (Agreement) dated as of April 10, 2008 by and among SUNRISE MONTEREY SENIOR LIVING, LP, a Delaware limited partnership formed under the laws of the State of Delaware (Borrower), each of the financial institutions initially a signatory hereto together with their assignees under Section 13.13 (Lenders), and WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo) as contractual representative of the Lenders to the extent and in the manner provided in Article 12 (in such capacity, the Administrative Agent).

Building Loan Agreement (February 29th, 2008)

THIS BUILDING LOAN AGREEMENT, dated as of December 26, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement or sometimes, this Building Loan Agreement), is made by and between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (Lender) and ACADIA ATLANTIC AVENUE LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue Suite 260, White Plains, New York 10605, as Borrower (Borrower).

Building Loan Agreement (February 29th, 2008)

BUILDING LOAN AGREEMENT is entered into as of October 4, 2007 among ACADIA-PA EAST FORDHAM ACQUISITIONS, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (Lead Borrower); FORDHAM PLACE OFFICE, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (Fordham Office, hereinafter, jointly and severally with Lead Borrower, and singly and collectively, Borrower) each of the lenders that is a signatory hereto identified under the caption LENDERS on the signature pages hereof and each lender that becomes a Lender after the date hereof pursuant to Section 12.23 (individually, a Lender and, collectively, the Lenders); and EUROHYPO AG, NEW YORK BRANCH, as administrative agent for the Lenders (in such capacity, together with its successors in such capacity, the Administrative Agent).

Building Loan Agreement (February 29th, 2008)

THIS BUILDING LOAN AGREEMENT, dated as of December 10, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this Agreement or sometimes, this Building Loan Agreement), is made by and between BEAR STEARNS COMMERCIAL MORTGAGE, INC., a New York corporation, having an address at 383 Madison Avenue, New York, New York 10179 (Lender) and P/A-ACADIA PELHAM MANOR, LLC, a Delaware limited liability company, having its principal place of business at c/o Acadia Realty Trust, 1311 Mamaroneck Avenue Suite 260, White Plains, New York 10605, as Borrower (Borrower).

Alexander's, Inc. – BUILDING LOAN AGREEMENT Dated as of December 21, 2007 (December 28th, 2007)
Behringer Harvard Opportunity REIT I, Inc. – MODIFICATION AGREEMENT OF BUILDING LOAN AGREEMENTS, PROMISSORY NOTES AND DEEDS OF TRUST AND SECURITY AGREEMENTS (Building F1-10: $6,952,220.00 Loan) (Building B1-7: $7,490.250.00 Loan) (October 24th, 2007)

This Modification Agreement (Agreement) is made and entered into as of the day of June, 2004 by and between Frisco Square B1-7, F1-10, Ltd., a Texas limited partnership (Borrower); and First National Bank of Omaha, a national banking association (Lender) (Borrower and Lender are sometimes collectively referred to herein as the parties). This Agreement is made with reference to the following facts and objectives:

Fourth Amendment to Building Loan Agreement (February 1st, 2007)

THIS FOURTH AMENDMENT TO BUILDING LOAN AGREEMENT (this Amendment) is made and entered into as of the 29 day of January, 2007 by and among CAPMARK FINANCE INC. (formerly known as GMAC Commercial Mortgage Corporation), a California corporation, with an address at 100 South Wacker Drive, Suite 400, Chicago, Illinois 60606 or any successor thereto, as agent (including as successor to Initial Agent (as hereinafter defined)) (including any of its successors and assigns as agent, Agent) for itself and any other co-lenders as may exist from time to time (collectively, including any successors and assigns, Lenders and each individually, a Lender), THE NEW YORK TIMES BUILDING LLC, a New York limited liability company with an address at One MetroTech Center North, Brooklyn, New York 11201 (including any successors and assigns permitted in accordance with the Agreement (as hereinafter defined), Borrower), NYT REAL ESTATE COMPANY LLC, a New York limited liability company with an address c/o The New

First Amendment to Building Loan Agreement (November 3rd, 2006)

THIS FIRST AMENDMENT TO BUILDING LOAN AGREEMENT (this Amendment) is made and entered into as of the 8th day of December, 2004 by and between GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, with an office at 100 South Wacker Drive, Suite 400, Chicago, Illinois 60606 or any successor thereto, as agent (including as successor to Initial Agent (as hereinafter defined)) (including any of its successors and assigns as agent, Agent) for itself and any other co-lenders as may exist from time to time (collectively, including any successors and assigns, Lenders and each individually, a Lender), and THE NEW YORK TIMES BUILDING LLC, a New York limited liability company with an address at One MetroTech Center North, Brooklyn, New York 11201 (including any successors and assigns permitted in accordance with the Agreement (as hereinafter defined), Borrower).

Third Amendment to Building Loan Agreement (November 3rd, 2006)

THIS THIRD AMENDMENT TO BUILDING LOAN AGREEMENT (this Amendment) is made and entered into as of the 15 day of August, 2006 by and among CAPMARK FINANCE INC. (formerly known as GMAC Commercial Mortgage Corporation), a California corporation, with an address at 100 South Wacker Drive, Suite 400, Chicago, Illinois 60606 or any successor thereto, as agent (including as successor to Initial Agent (as hereinafter defined)) (including any of its successors and assigns as agent, Agent) for itself and any other co-lenders as may exist from time to time (collectively, including any successors and assigns, Lenders and each individually, a Lender), THE NEW YORK TIMES BUILDING LLC, a New York limited liability company with an address at One MetroTech Center North, Brooklyn, New York 11201 (including any successors and assigns permitted in accordance with the Agreement (as hereinafter defined), Borrower), NYT REAL ESTATE COMPANY LLC, a New York limited liability company with an address c/o The New Y

SECOND AMENDMENT TO BUILDING LOAN AGREEMENT by and Between THE NEW YORK TIMES BUILDING LLC Having an Address at One MetroTech Center North Brooklyn, New York 11201 (Borrower) and CAPMARK FINANCE INC. Having an Address At (November 3rd, 2006)

THIS SECOND AMENDMENT TO BUILDING LOAN AGREEMENT (this Amendment) is made and entered into as of the 22nd day of June, 2006 by and between CAPMARK FINANCE INC. (formerly known as GMAC Commercial Mortgage Corporation), a California corporation, with an office at 100 South Wacker Drive, Suite 400, Chicago, Illinois 60606 or any successor thereto, as agent (including as successor to Initial Agent (as hereinafter defined)) (including any of its successors and assigns as agent, Agent) for itself and any other co-lenders as may exist from time to time (collectively, including any successors and assigns, Lenders and each individually, a Lender), and THE NEW YORK TIMES BUILDING LLC, a New York limited liability company with an address at One MetroTech Center North, Brooklyn, New York 11201 (including any successors and assigns permitted in accordance with the Agreement (as hereinafter defined), Borrower).

UNCONDITIONAL GUARANTY as of December 15, 2005 Claverack Housing Ventures, LLC C/O Wellsford Real Properties, Inc. 535 Madison Avenue, 26th Floor New York, New York 10022 (Hereinafter Referred to as Borrower) Frank J. Sciame C/O Sciame Development, Inc. 80 South Street New York, New York 10038 Wellsford Real Properties, Inc. 535 Madison Avenue 26th Floor New York, New York 10022 (Frank J. Sciame and Wellsford Real Properties, Inc. Being Hereinafter Referred to Individually and Collectively as Guarantor) Wachovia Bank, National Association 12 East 49th Street 42nd Floor New York, New York 10017 (March 16th, 2006)
Building Loan Agreement (August 11th, 2005)

Organizational Identification Number (if any): N/A (Note: This number is not the same as the Taxpayer Identification Number.)

Building Loan Agreement (August 5th, 2004)

THIS BUILDING LOAN AGREEMENT (as the same may be revised, restated, amended or modified from time to time, this Agreement) is made and entered into as of this 25th day of June, 2004 by and among THE NEW YORK TIMES BUILDING LLC (including any successors and assigns permitted in accordance with the terms hereof, Borrower), a New York limited liability company, with an address at One MetroTech Center North, Brooklyn, New York 11201, NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT CORPORATION, a corporate governmental agency of the State of New York constituting a political subdivision and public benefit corporation, having an address at 633 Third Avenue, New York, New York 10017, as initial agent (Initial Agent) for itself and for the benefit of the lenders as may exist from time to time (such lenders collectively, including any successors and assigns, Lenders and each individually a Lender) and GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation, wi

BUILDING LOAN AGREEMENT by and Between MAPINFO REALTY, LLC as Borrower, and CHARTER ONE BANK, F.S.B., as Lender $14,070,000 Construction Mortgage Loan to Mapinfo Realty, LLC for Construction of a Four-Story Office Building Located at Lot 21B Global View at the RPI Tech Park, Town of North Greenbush, County of Rensselaer, New York December 1, 2001 (February 13th, 2002)
Brookdale Living Cmntys Inc – Building Loan Agreement (July 16th, 1998)
Brookdale Living Cmntys Inc – Building Loan Agreement (July 16th, 1998)