Construction Loan Agreement Sample Contracts

Cardinal Ethanol LLC – First Amended and Restated Construction Loan Agreement (February 28th, 2018)

THIS THIRTEENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made as of the 28th day of February, 2018 between. FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement"),

Cardinal Ethanol LLC – Twelfth Amendment of First Amended and Restated Construction Loan Agreement (January 30th, 2018)

THIS TWELFTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made as of the 31st day of December, 2017 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Cardinal Ethanol LLC – Eleventh Amendment of First Amended and Restated Construction Loan Agreement (November 29th, 2017)

THIS ELEVENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made as of the 31st day of October, 2017 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Stratus Properties, Inc. – Amended and Restated Construction Loan Agreement (September 14th, 2017)

This AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (this Agreement) is made and entered into as of the 11th day of September, 2017, by and between SANTAL I, L.L.C., a Texas limited liability company, formerly known as Barton Creek Tecoma I, L.L.C., a Texas limited liability company (Borrower), whose address is c/o Stratus Properties Inc., 212 Lavaca Boulevard, Suite 300, Austin, Texas 78701, and COMERICA BANK (Lender), whose address is 300 W. Sixth Street, Suite 2250, Austin, Texas 78701, Attn: Commercial Real Estate.

Stratus Properties, Inc. – Construction Loan Agreement (September 7th, 2017)

THIS CONSTRUCTION LOAN AGREEMENT (this "Agreement") is made effective as of September 1, 2017, between SOUTHSIDE BANK, a Texas state bank ("Lender") and COLLEGE STATION 1892 PROPERTIES, L.L.C., a Texas limited liability company ("Borrower").

Cardinal Ethanol LLC – Tenth Amendment of First Amended and Restated Construction Loan Agreement (May 8th, 2017)

THIS TENTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made as of the 28th day of February, 2017 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Stratus Properties, Inc. – Construction Loan Agreement (May 3rd, 2017)

THIS CONSTRUCTION LOAN AGREEMENT (this "Agreement") is made effective as of April 28, 2017, between SOUTHSIDE BANK, a Texas state bank ("Lender") and LANTANA PLACE, L.L.C., a Texas limited liability company ("Borrower").

Cardinal Ethanol LLC – Ninth Amendment of First Amended and Restated Construction Loan Agreement (November 7th, 2016)

THIS NINTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made and effective the 1st day of September, 2016 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Applied Optoelectronics, Inc. – Second Modification to the Construction Loan Agreement (October 7th, 2016)

This SECOND MODIFICATION TO THE CONSTRUCTION LOAN AGREEMENT is aftached to and by this reference is made a part of the Construction Loan Agreement (Loan #[***]) dated January 26, 2015, including all modifications thereto, and executed in connection with a loan or other financial accommodations between Lender and Borrower.

Cardinal Ethanol LLC – Eighth Amendment of First Amended and Restated Construction Loan Agreement (September 9th, 2016)

THIS EIGHTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made this 31st day of July, 2016 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Owens Realty Mortgage, Inc. – Construction Loan Agreement (August 8th, 2016)

This Construction Loan Agreement is made as of August 3, 2016, by and between ZALANTA RESORT AT THE VILLAGE, LLC, a California limited liability company ("ZRV"), and ZALANTA RESORT AT THE VILLAGE - PHASE II, LLC, a California limited liability company ("ZRVII", and individually and collectively, jointly, severally, and jointly and severally with ZRV, the "Borrower") having its principal office at 2221 Olympic Boulevard, Walnut Creek, California 94595, and WESTERN ALLIANCE BANK, an Arizona corporation ("Lender"), whose mailing address is 5335 Kietzke Lane, Suite 200, Reno, Nevada 89511.

Applied Optoelectronics, Inc. – Modification to the Construction Loan Agreement (June 17th, 2016)

This MODIFICATION TO THE CONSTRUCTION LOAN AGREEMENT is attached to and by this reference is made a part of the Construction Loan Agreement (Loan #[***]) dated January 26, 2015, including all modifications thereto, and executed in connection with a loan or other financial accommodations between Lender and Borrower.

Shepherd's Finance, LLC – Construction Loan Agreement (February 25th, 2016)
Shepherd's Finance, LLC – Construction Loan Agreement (December 15th, 2015)
Shepherd's Finance, LLC – Construction Loan Agreement (November 9th, 2015)
DC Industrial Liquidating Trust – CONSTRUCTION LOAN AGREEMENT Among REDLANDS DC LP, a Delaware Limited Partnership, Formerly Known as IIT Redlands DC LP CAJON DC LP, a Delaware Limited Partnership, Formerly Known as IIT Cajon DC LP MIAMI DC III LLC, a Delaware Limited Liability Company, Formerly Known as IIT Miami DC III LLC MIAMI DC IV LLC, a Delaware Limited Liability Company, Formerly Known as IIT Miami DC IV LLC MIAMI DC III LAND LLC, a Delaware Limited Liability Company, Formerly Known as IIT Miami DC III Land LLC TAMARAC COMMERCE CENTER DC II LLC, a Delaware Limited Liability Company, Formerly Known as IIT Tamarac Commer (November 4th, 2015)

This CONSTRUCTION LOAN AGREEMENT (Agreement) is dated as of November 4, 2015, by and among REDLANDS DC LP, a Delaware limited partnership, formerly known as IIT Redlands DC LP, CAJON DC LP, a Delaware limited partnership, formerly known as IIT Cajon DC LP, MIAMI DC III LLC, a Delaware limited liability company, formerly known as IIT Miami DC III LLC, MIAMI DC IV LLC, a Delaware limited liability company, formerly known as IIT Miami DC IV LLC, MIAMI DC III LAND LLC, a Delaware limited liability company, formerly known as IIT Miami DC III Land LLC, TAMARAC COMMERCE CENTER DC II LLC, a Delaware limited liability company, formerly known as IIT Tamarac Commerce Center II LLC, TAMARAC COMMERCE CENTER DC III LLC, a Delaware limited liability company, formerly known as IIT Tamarac Commerce Center III LLC, LEHIGH VALLEY CROSSING DC I LLC, a Delaware limited liability company, formerly known as IIT Lehigh Valley Crossing DC I LLC, LEHIGH VALLEY CROSSING DC II LLC, a Delaware limited liability co

Forestar Group Inc – CONSTRUCTION LOAN AGREEMENT by and Between (October 21st, 2015)

THIS CONSTRUCTION LOAN AGREEMENT (together with the Exhibits, as the foregoing may be from time to time amended, modified, extended, renewed, refinanced and/or supplemented, referred to as this Agreement) is made as of October 16, 2015 by and between FMF MOREHEAD LLC, a Delaware limited liability company (Borrower), and PNC BANK, NATIONAL ASSOCIATION, a national banking association (Lender).

Petco Holdings Inc – Contract (August 17th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT (Agreement) is made as of this 20th day of March, 2015 by and between PETCO REAL ESTATE HOLDINGS III LLC, a Delaware limited liability company, (Borrower) and MUFG UNION BANK, N.A. (Bank).

Armada Hoffler Properties Inc. – Construction Loan Agreement Among Hopkins Village, LLC as Borrower and Bank of America, N.A., as Administrative Agent and the Other Financial Institutions Party Hereto Dated as of July 30, 2015 Bank of America Merrill Lynch, as Sole Arranger and Sole Book Manager (August 5th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT (Agreement) is made by and among each lender from time to time a party hereto (individually, a Lender and collectively, the Lenders), and Bank of America, N.A., a national banking association, as Administrative Agent, and Hopkins Village, LLC (Borrower), who agree as follows:

Cardinal Ethanol LLC – Fifth Amendment of First Amended and Restated Construction Loan Agreement (August 4th, 2015)

THIS FIFTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is made this 23rd day of July, 2015 between FIRST NATIONAL BANK OF OMAHA, a national banking association ("Lender") and CARDINAL ETHANOL, LLC, an Indiana limited liability company ("Borrower"). This Amendment amends that certain First Amended and Restated Construction Loan Agreement dated June 10, 2013 between Lender and Borrower (as amended, the "Loan Agreement").

Red Trail Energy, Llc – Fourth Amendment of First Amended and Restated Construction Loan Agreement (May 15th, 2015)

THIS FOURTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is entered into and effective as of the 7th day of March, 2014 among RED TRAIL ENERGY, LLC, a North Dakota limited liability company ("Borrower"), FIRST NATIONAL BANK OF OMAHA in its capacities as a Agent and a Lender ("Agent") and the Lenders party to the Loan Agreement referenced below, and amends that certain First Amended and Restated Construction Loan Agreement dated April 16, 2012 among Borrower, the Agent and Lenders (as amended, the "Loan Agreement").

Red Trail Energy, Llc – Fifth Amendment of First Amended and Restated Construction Loan Agreement (May 15th, 2015)

THIS FIFTH AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is entered into and effective as of the 20th day of March, 2015 among RED TRAIL ENERGY, LLC, a North Dakota limited liability company ("Borrower"), FIRST NATIONAL BANK OF OMAHA in its capacities as a Agent and a Lender ("Agent"), and amends that certain First Amended and Restated Construction Loan Agreement dated April 16, 2012 among Borrower, the Agent and Lenders (as amended, the "Loan Agreement").

Bluerock Residential Growth REIT, Inc. – Construction Loan Agreement (May 14th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT ("Agreement") is made by and among each lender from time to time a party hereto (individually, a "Lender" and collectively, the "Lenders"), and BANK OF AMERICA, N.A., a national banking association, as Administrative Agent and Lender, and BR BELLAIRE BLVD, LLC, a Delaware limited liability company ("Borrower"), who agree as follows:

Sentio Healthcare Properties Inc – CONSTRUCTION LOAN AGREEMENT Between SENTIO GEORGETOWN, LLC, a Delaware Limited Liability Company and SENTIO GEORGETOWN TRS, LLC, a Delaware Limited Liability Company, Collectively as Lender and WESTMINSTER - LCS GEORGETOWN LLC, an Iowa Limited Liability Company as Borrower Dated as of January 15, 2015 (May 12th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT (the "Agreement"), dated for reference January 15, 2015, is made by and among WESTMINSTER - LCS GEORGETOWN LLC, an Iowa limited liability company ("Borrower"), SENTIO GEORGETOWN, LLC, a Delaware limited liability company ("Lender A"), and SENTIO GEORGETOWN TRS, LLC, a Delaware limited liability company ("Lender B"). Lender A and Lender B are referred to herein, individually and collectively as the context may require, as "Lender".

Comstock Homebuilding Companies – ACQUISITION AND CONSTRUCTION LOAN AGREEMENT (Revolving Line of Credit) (April 15th, 2015)

THIS ACQUISITION AND CONSTRUCTION LOAN AGREEMENT made as of the 19th day of December, 2014 by and between COMSTOCK TWO RIVERS II, L.C., a limited liability company organized under the laws of the commonwealth of Virginia (the Borrower), and CARDINAL BANK, a bank chartered under the laws of the commonwealth of Virginia (Lender).

Stratus Properties, Inc. – Construction Loan Agreement (March 16th, 2015)

This CONSTRUCTION LOAN AGREEMENT (this "Agreement") is made and entered into as of the *___ day of January, 2015, by and between BARTON CREEK TECOMA I, L.L.C., a Texas limited liability company ("Borrower"), whose address is c/o Stratus Properties Inc., 212 Lavaca Boulevard, Suite 300, Austin, Texas 78701, and COMERICA BANK ("Lender"), whose address is 300 W. Sixth Street, Suite 2250, Austin, Texas 78701, Attn: Commercial Real Estate.

Pangaea Logistics Solutions Ltd. – Loan No. 310629100 CONSTRUCTION LOAN AGREEMENT (February 4th, 2015)

AGREEMENT made this 24th day of January, 2011, by and between Rockland Trust Company, a Massachusetts trust company with a place of business located at 288 Union Street, Rockland, Massachusetts 02370 (the "Lender") and 109 LONG WHARF LLC, a Delaware limited liability company with a mailing address c/o Phoenix Bulk Carriers, 88 Valley Road, Middletown, Rhode Island 02842 (the "Borrower").

Applied Optoelectronics, Inc. – Construction Loan Agreement (January 30th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT dated January 26, 2015, is made and executed between Applied Optoelectronics, Inc. ("Borrower") and East West Bank ("Lender") on the following terms and conditions. Borrower has applied to Lender for one or more loans for purposes of constructing the Improvements on the Real Property described below. Lender is willing to lend the loan amount to Borrower solely under the terms and conditions specified in this Agreement and in the Related Documents, to each of which Borrower agrees. Borrower understands and agrees that: (A) in granting, renewing, or extending any Loan, Lender is relying upon Borrower's representations, warranties, and agreements as set forth in this Agreement, and (B) all such Loans shall be and remain subject to the terms and conditions of this Agreement.

Investors Real Estate Trust – $50,750,000 CONSTRUCTION LOAN AGREEMENT by and Among IRET-71 FRANCE, LLC as Borrower and THE LENDERS PARTY HERETO and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent and PNC CAPITAL MARKETS LLC, as Lead Arranger and Sole Bookrunner Dated: January 22, 2015 (January 28th, 2015)

THIS CONSTRUCTION LOAN AGREEMENT (the "Agreement") is made to be effective January 22, 2015, by and among IRET-71 FRANCE, LLC, a North Dakota limited liability company ("Borrower"), each Lender which may from time to time become a party to this Agreement and PNC BANK, NATIONAL ASSOCIATION, as administrative agent and as a Lender.

IMH Financial Corp – Construction Loan Agreement (October 24th, 2014)

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:

IMAX CORPORATION CONSTRUCTION LOAN AGREEMENT Between IMAX PV DEVELOPMENT INC., a Delaware Corporation as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION as Administrative Agent and THE FINANCIAL INSTITUTIONS NOW OR HEREAFTER SIGNATORIES HERETO AND THEIR ASSIGNEES PURSUANT TO SECTION 13.13, as Lenders Entered Into as of October 6, 2014 (October 23rd, 2014)

THIS CONSTRUCTION LOAN AGREEMENT (this Agreement), dated as of October 6, 2014 by and among IMAX PV DEVELOPMENT INC., a Delaware corporation (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).

Stratus Properties, Inc. – CONSTRUCTION LOAN AGREEMENT Among (October 3rd, 2014)

THIS CONSTRUCTION LOAN AGREEMENT is made and entered into as of September 29, 2014, by and among each Lender from time to time a party hereto, PLAINSCAPITAL BANK, a state banking association as Administrative Agent, and STRATUS LAKEWAY CENTER, L.L.C., a Texas limited liability company.

Bluerock Residential Growth REIT, Inc. – Construction Loan Agreement (September 16th, 2014)

THIS CONSTRUCTION LOAN AGREEMENT (this "Agreement"), is dated effective as of July 1, 2014, by and between BR T&C BLVD., LLC, a Delaware limited liability company ("Borrower"), COMPASS BANK, an Alabama banking corporation (in its individual capacity, "Compass"), and each of the lenders that is a signatory hereto or which becomes a signatory hereto (including Compass, each individually a "Lender" and collectively, the "Lenders"). Compass, in its capacity as Administrative Agent for the Lenders, is hereinafter referred to as the "Administrative Agent".

REX American Resources – Tenth Amendment of Construction Loan Agreement (August 29th, 2014)

THIS TENTH AMENDMENT OF CONSTRUCTION LOAN AGREEMENT ("Amendment") is made this 31st day of July, 2014 by and among ONE EARTH ENERGY, LLC, an Illinois limited liability company ("BORROWER"), FIRST NATIONAL BANK OF OMAHA ("FNBO"), a national banking association headquartered in Omaha, Nebraska as a BANK and as administrative agent for the BANKS (in such capacity, the "ADMINISTRATIVE AGENT"), as accounts bank (in such capacity, the "ACCOUNTS BANK") and as collateral agent for the BANKS (in such capacity, the "COLLATERAL AGENT"), and the BANKS party to the AGREEMENT. This Amendment amends that certain Construction Loan Agreement dated September 20, 2007 among the AGENT, BANKS and BORROWER ("AGREEMENT").

Bluerock Residential Growth REIT, Inc. – Construction Loan Agreement (August 13th, 2014)