Indemnity and Guaranty Agreement Sample Contracts

Condor Hospitality Trust, Inc. – INDEMNITY AND GUARANTY AGREEMENT (SPRINGHILL SUITES) (November 13th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), made as of October 1, 2015 by CONDOR HOSPITALITY TRUST, INC., a Maryland corporation ("Guarantor"), having an address at c/o Condor Hospitality Trust, Inc.,  1800 W. Pasewalk Avenue, Suite 200,  Norfolk, NE  68701,  in favor of LMREC 2015-CRE1, INC, a Delaware corporation ("Lender"), having an address at 350 South Beverly Drive, Suite 300, Beverly Hills, California 90212.  Initially capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to such terms in the Security Instrument (as hereinafter defined).

GTJ REIT, Inc. – NONRECOURSE EXCEPTION INDEMNITY AND GUARANTY AGREEMENT (April 14th, 2015)

THIS NONRECOURSE EXCEPTION INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”) is dated as of the 13th day of March 2015, by GTJ REIT, INC., a Maryland corporation having a mailing address at 60 Hempstead Avenue, West Hempstead, New York 11552 (“Guarantor”) in favor of ALLSTATE LIFE INSURANCE COMPANY, an Illinois insurance company, AMERICAN HERITAGE LIFE INSURANCE COMPANY, a Florida insurance company and ALLSTATE LIFE INSURANCE COMPANY OF NEW YORK, a New York insurance company, each having a mailing address c/o Allstate Investments, LLC, 3075 Sanders Road, Ste. G5C, Northbrook, Illinois, 60062-7127 (collectively, “Lender”).

IMH Financial Corp – INDEMNITY AND GUARANTY AGREEMENT (IMHFC Sedona) (January 30th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of January 23, 2015, by IMH Financial Corporation, a Delaware corporation (“Indemnitor”), whose address is c/o IMH Financial Corporation, 7001 N. Scottsdale Road, Scottsdale, Arizona 85253, in favor of CALMWATER CAPITAL 3, LLC, a California limited liability company (“Lender”), whose address is 11755 Wilshire Blvd., Suite 1400, Los Angeles, California 90025.

IMH Financial Corp – INDEMNITY AND GUARANTY AGREEMENT (IMHFC REO and Loan Portfolio) (January 30th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of January 23, 2015, by IMH FINANCIAL CORPORATION, a Delaware corporation (“Indemnitor”), whose address is c/o IMH Financial Corporation, 7001 N. Scottsdale Road, Suite 2050, Scottsdale, Arizona 85253, in favor of CALMWATER CAPITAL 3, LLC, a California limited liability company (“Lender”), whose address is 11755 Wilshire Blvd., Suite 1400, Los Angeles, California 90025.

IMH Financial Corp – INDEMNITY AND GUARANTY AGREEMENT (IMHFC REO and Loan Portfolio (Loan #2)) (January 30th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of January 23, 2015, by IMH SPECIAL ASSET NT 175-IGH, LLC, an Arizona limited liability company (“IMH 175”), AZ-HAVASU, LLC, an Arizona limited liability company (“AZ Havasu”), AZ-HAVASU SN 2.08, LLC, an Arizona limited liability company (“AZ 2.08”), AZ-HAVASU GOLDEN VALLEY, LLC, an Arizona limited liability company (“AZ Golden Valley”), AZ-HAVASU KINGMAN, LLC, an Arizona limited liability company (“AZ Kingman”), NM EMERALD, LLC, a New Mexico limited liability company (“NM Emerald”), IMH SPECIAL ASSET NT 118, LLC, an Arizona limited liability company (“IMH 118”), IMH SPECIAL ASSET NT 176, LLC, an Arizona limited liability company (“IMH 176”), IMH SPECIAL ASSET NT 162, LLC, an Arizona limited liability company (“IMH 162”), IMH SPECIAL ASSET NT 194, LLC, an Arizona limited liability company (“IMH 194”), IMH SPECIAL ASSET NT 102, LLC, an Arizona limited liability company (“IMH 102”), IMH SPECIAL ASSET NT 228, LLC, an Arizon

IMH Financial Corp – INDEMNITY AND GUARANTY AGREEMENT (IMHFC REO and Loan Portfolio) (January 30th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of January 23, 2015, by IMH FINANCIAL CORPORATION, a Delaware corporation (“Indemnitor”), whose address is c/o IMH Financial Corporation, 7001 N. Scottsdale Road, Suite 2050, Scottsdale, Arizona 85253, in favor of CALMWATER CAPITAL 3, LLC, a California limited liability company (“Lender”), whose address is 11755 Wilshire Blvd., Suite 1400, Los Angeles, California 90025.

IMH Financial Corp – INDEMNITY AND GUARANTY AGREEMENT (IMHFC REO and Loan Portfolio (Loan #2)) (January 30th, 2015)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of January 23, 2015, by IMH SPECIAL ASSET NT 175-IGH, LLC, an Arizona limited liability company (“IMH 175”), AZ-HAVASU, LLC, an Arizona limited liability company (“AZ Havasu”), AZ-HAVASU SN 2.08, LLC, an Arizona limited liability company (“AZ 2.08”), AZ-HAVASU GOLDEN VALLEY, LLC, an Arizona limited liability company (“AZ Golden Valley”), AZ-HAVASU KINGMAN, LLC, an Arizona limited liability company (“AZ Kingman”), NM EMERALD, LLC, a New Mexico limited liability company (“NM Emerald”), IMH SPECIAL ASSET NT 118, LLC, an Arizona limited liability company (“IMH 118”), IMH SPECIAL ASSET NT 176, LLC, an Arizona limited liability company (“IMH 176”), IMH SPECIAL ASSET NT 162, LLC, an Arizona limited liability company (“IMH 162”), IMH SPECIAL ASSET NT 194, LLC, an Arizona limited liability company (“IMH 194”), IMH SPECIAL ASSET NT 102, LLC, an Arizona limited liability company (“IMH 102”), IMH SPECIAL ASSET NT 228, LLC, an Arizon

Moody National REIT I, Inc. – INDEMNITY AND GUARANTY AGREEMENT (November 15th, 2012)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”) is made as of November 7, 2012, by MOODY NATIONAL REIT I, INC., a Maryland corporation, MOODY NATIONAL OPERATING PARTNERSHIP I, L.P., a Delaware limited partnership, and BRETT C. MOODY, an individual (collectively, “Indemnitor”), each with an address of 6363 Woodway, Suite 110, Houston, Texas 77057 in favor of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR-IN-INTEREST TO BANK OF AMERICA, N.A., AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST  2006-LDP9, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-LDP9 (“Lender”), whose address is c/o Midland Loan Services, 10851 Mastin, Suite 300, Overland Park, Kansas 66210.

Inland Diversified Real Estate Trust, Inc. – INDEMNITY AND GUARANTY AGREEMENT (June 3rd, 2010)

WHEREAS, Lender's predecessor in interest, CIBC, Inc., a Delaware corporation ("Original Lender") made a loan to Draper Crossing I, L.C., a Utah limited liability company ("Borrower"), in the original principal amount of Sixteen Million Two Hundred Fifty Thousand and No/100 Dollars ($16,250,000/00) (the "Loan"), which Loan is evidenced by a Promissory Note dated as of November 21, 2001 (as amended, consolidated and modified from time to time, the "Note"), executed by Borrower and payable to the order of Original Lender in the stated principal amount of the Loan, and secured, inter alia, by a Deed of Trust and Security Agreement dated as of November 21, 2001 (as amended, consolidated and modified from time to time, the "Security Instrument"), from Borrower, as grantor, to Original Lender, as beneficiary, encumbering that certain real property commonly known as Draper Crossing Shopping Center situated in the County of Salt Lake, State of Utah, as more particularly described on Exhibit A

Grubb & Ellis Healthcare REIT II, Inc. – INDEMNITY AND GUARANTY AGREEMENT (May 6th, 2010)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made by WILLIAM SCOTT REICHENBERG and NEIL LITTMANN, (collectively “Indemnitor”), whose address is whose addresses are c/o Gibbons-White Incorporated, 2305 Canyon Blvd., Suite 200, Boulder, Colorado 80302 (for William Scott Reichenberg) c/o The Colorado Group, 3434 47th Street, Suite 220, Boulder, Colorado 80301 (for and Neil Littmann) in favor of COLUMN FINANCIAL, INC., a Delaware corporation (“Lender”), whose address is 11 Madison Avenue, 5th Floor, New York, New York 10010, Attn: Edmund Taylor.

Maxxam Inc – INDEMNITY AND GUARANTY AGREEMENT (April 30th, 2008)

THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), executed this 18th day of November, 2002 and effective as of the 19th day of November, 2002, by BELTWAY ASSETS HOLDINGS LLC, a Delaware limited liability company (the "Indemnitor"), having an office at c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057, in favor of LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation (together with any subsequent holder of the hereinafter defined Note, the "Lender"), having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202.

Maxxam Inc – INDEMNITY AND GUARANTY AGREEMENT (April 29th, 2008)

THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), executed this 18th day of November, 2002 and effective as of the 19th day of November, 2002, by BELTWAY ASSETS HOLDINGS LLC, a Delaware limited liability company (the "Indemnitor"), having an office at c/o 5847 San Felipe Drive, Suite 2600, Houston, Texas 77057, in favor of LEGG MASON REAL ESTATE SERVICES, INC., a Pennsylvania corporation (together with any subsequent holder of the hereinafter defined Note, the "Lender"), having an address at 100 Light Street, 32nd Floor, Baltimore, Maryland 21202.

Clear Skies Holdings Inc – INDEMNITY AND GUARANTY AGREEMENT (December 26th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (this "Agreement"), is made as of the 25th day of August, 2007, by Ezra Green ("Green"), whose address is 757 Harrisson Street, West Hempstead, NY 11552, and Clar Skies Group, Inc. , a New York corporation whose address is 757 Harrisson Street, West Hempstead, New York (“Clear Skies”). Clear Skies and Green being referred to herein collectively as "Indemnitor Parties" and individually as "Indemnitor"), jointly and severally, in favor of Quixotic Systems, Inc. , a New York corporation ("Quixotic"), whose address is 90 Bedford Street, Suite A, New York, New York 10014.

NNN Healthcare/Office REIT, Inc. – INDEMNITY AND GUARANTY AGREEMENT (June 14th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of June      , 2007, by NNN HEALTHCARE/OFFICE REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Healthcare/Office REIT, Inc. – INDEMNITY AND GUARANTY AGREEMENT (May 17th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of May 14, 2007, by NNN HEALTHCARE/OFFICE REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Healthcare/Office REIT, Inc. – INDEMNITY AND GUARANTY AGREEMENT (May 7th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of May      , 2007, by NNN HEALTHCARE/OFFICE REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Healthcare/Office REIT, Inc. – SEC INDEMNITY AND GUARANTY AGREEMENT (May 7th, 2007)

THIS SEC INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of May 1, 2007, by NNN HEALTHCARE/OFFICE REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Apartment REIT, Inc. – INDEMNITY AND GUARANTY AGREEMENT (April 17th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of April 12, 2007, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Apartment REIT, Inc. – SEC INDEMNITY AND GUARANTY AGREEMENT (April 17th, 2007)

THIS SEC INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of April 12, 2007, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP - 4, NC 1075, Charlotte, North Carolina 28262.

NNN Apartment REIT, Inc. – SEC INDEMNITY AND GUARANTY AGREEMENT (January 4th, 2007)

THIS SEC INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of December 28, 2006, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is c/o Triple Net Properties, LLC, 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP — 4, NC 1075, Charlotte, North Carolina 28262.

NNN Apartment REIT, Inc. – INDEMNITY AND GUARANTY AGREEMENT (January 4th, 2007)

THIS INDEMNITY AND GUARANTY AGREEMENT (as the same may hereafter be amended, consolidated, renewed or replaced, this “Agreement”), made as of December 28, 2006, by NNN APARTMENT REIT, INC., a Maryland corporation (“Indemnitor”), whose address is 1551 North Tustin Avenue, Suite 300, Santa Ana, California 92705, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP — 4, NC 1075, Charlotte, North Carolina 28262.

Venoco, Inc. – INDEMNITY AND GUARANTY AGREEMENT (April 5th, 2006)

This INDEMNITY AND GUARANTY AGREEMENT (this "Agreement") is made as of March 22, 2006 by Timothy M. Marquez and Bernadette B. Marquez, as trustees of the Marquez Trust under Trust Agreement dated February 26, 2002, as amended (collectively, "Indemnitor"), whose address is c/o Venoco, Inc., 6267 Carpinteria Avenue, Carpinteria, California 93013, in favor of Venoco, Inc., a Delaware corporation ("Venoco") whose address is 6267 Carpinteria Avenue, Carpinteria, California 93013.

Apple Hospitality Two Inc – Schedule Setting Forth Information on Twenty Additional and Substantially Identical Indemnity and Guaranty Agreements (Except as set forth below, documents are substantially identical to the (March 11th, 2005)
Apple Hospitality Two Inc – INDEMNITY AND GUARANTY AGREEMENT (March 11th, 2005)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of November 10, 2004 by APPLE HOSPITALITY TWO, INC., a Virginia corporation (“Indemnitor”), whose address is 814 E. Main Street, Richmond, Virginia 23219, in favor of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (“Lender”), whose address is 301 South Tryon Street, PMB 35-123, Charlotte, North Carolina 28282.

Xm Satellite Radio Holdings Inc – INDEMNITY AND GUARANTY AGREEMENT (August 9th, 2004)

THIS INDEMNITY AND GUARANTY AGREEMENT (this “Agreement”), made as of August     , 2004, by XM Satellite Radio Holdings Inc., a Delaware Corporation, having an address at 1500 Eckington Place, NE, Washington D.C. 20002 (“Indemnitor”) in favor of MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation, having an address at 4 World Financial Center, 16th Floor, New York, New York 10080 Attention: Commercial Mortgage Financing (“Lender”). All capitalized terms used but not defined herein shall have the meaning set forth in the Mortgage (as hereinafter defined).

Catellus Development Corp – FILING OFFICE COPY - NATIONAL UCC FINANCING STATEMENT AMENDMENT (FORM UCC3)(REV. 07/29/98) AGREEMENT OF CATELLUS DEVELOPMENT CORPORATION AND PLATO REIT, LLC This AGREEMENT OF CATELLUS DEVELOPMENT CORPORATION AND PLATO REIT, LLC (this "Agreement") is made as of December 23, 2002, by and among CATELLUS DEVELOPMENT CORPORATION, a Delaware corporation ("Catellus"), PLATO REIT, LLC, a Delaware limited liability company ("Plato"), and LASALLE BANK NATIONAL ASSOCIATION, f/k/a LaSalle National Bank, as trustee for the registered Holders of Prudential Mortgage Capital Company I, LLC, Commercial Mortgag (March 27th, 2003)
Gmac Commercial Mortgage Securities Inc – EXECUTION COPY MORTGAGE LOAN PURCHASE AGREEMENT -------------------------------- This Mortgage Loan Purchase Agreement (this "Agreement"), is dated and effective as of December 10, 2002, between German American Capital Corporation as Mortgage Loan Seller (the "Mortgage Loan Seller" or GACC") and GMAC Commercial Mortgage Securities, Inc. as purchaser (the "Purchaser"). The Mortgage Loan Seller desires to sell, assign, transfer and otherwise convey to the Purchaser, and the Purchaser desires to purchase, subject to the terms and conditions set forth below, the multifamily and commercial mortgage (December 31st, 2002)
Wellsford Real Properties Inc – UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE ------------------------------------------------- FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned WELLSFORD REAL PROPERTIES, INC., a Maryland corporation ("Guarantor"), the receipt and sufficiency whereof is hereby acknowledged by Guarantor, and for the purpose of seeking to induce FLEET NATIONAL BANK ("Lender", which term shall also include each other Lender which may now or hereafter become party to the "Credit Agreement" (as hereinafter defi (August 7th, 2000)
Discovery Investments Inc – INDEMNITY AND GUARANTY AGREEMENT (May 16th, 2000)
Las Vegas Sands Inc – INDEMNITY AND GUARANTY AGREEMENT (March 30th, 2000)
Wellsford Real Properties Inc – INDEMNITY AND GUARANTY AGREEMENT (March 31st, 1999)
Wellsford Real Properties Inc – INDEMNITY AND GUARANTY AGREEMENT (March 31st, 1999)
Wellsford Real Properties Inc – INDEMNITY AND GUARANTY AGREEMENT (March 31st, 1998)
President Casinos Inc – INDEMNITY AND GUARANTY AGREEMENT (August 7th, 1997)
Host Funding Inc – INDEMNITY AND GUARANTY AGREEMENT (March 31st, 1997)