Common use of Acquisition and Origination Fees and Acquisition Expenses Clause in Contracts

Acquisition and Origination Fees and Acquisition Expenses. The Trust shall pay to the Advisor or an Affiliate of the Advisor, Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, in an aggregate amount of 3% of the net amount available for investment in Assets (after payment of Selling Commissions, dealer manager fees, wholesaling fees, marketing support fees, marketing reallowances and Organization and Offering Expenses). The Advisor shall reallow 70% of Acquisition and Origination Fees and 100% of the Acquisition Expenses to the sub-advisor pursuant to the Sub-Advisory Agreement. In addition, the Trust shall pay to the Advisor or an Affiliate of the Advisor Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, upon the reinvestment of proceeds from capital transactions, such as the repayment of principal by a borrower, up to 3% of the funds advanced under a new loan or the Contract Purchase Price of the new Property or equity investment. The Advisor shall reallow 100% of Acquisition and Origination Fees and Acquisition Expenses paid upon the reinvestment of proceeds from capital transactions to the sub-advisor pursuant to the Sub-Advisory Agreement. Acquisition and Origination Fees shall be due and payable to the Advisor or an Affiliate of the Advisor, and Acquisition Expenses shall be reimbursed to the Advisor, on or before the twenty-fifth (25th) calendar day of the month following the month in which the funds were invested in Assets in a transaction that gives rise to the obligation to pay Acquisition and Origination Fees and/or reimburse Acquisition Expenses. The Acquisition and Origination Fees and Acquisition Expenses that will be paid or reimbursed by the Trust will be reduced by the amount of any Acquisition and Origination Fees or Acquisition Expenses paid or reimbursed by any Person to the Advisor or an Affiliate of the Advisor with respect to any Asset. The total of all Acquisition and Origination Fees, including Debt Financing Fees, from any source, and any Acquisition Expenses shall be limited in accordance with the Declaration of Trust, and the Acquisition and Origination Fees paid in respect of secured loans shall not exceed 1% per annum when pro rated over the stated term of the respective loan.

Acquisition and Origination Fees and Acquisition Expenses. The Trust shall pay to the Advisor or an Affiliate of the Advisor, Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, in an aggregate amount of 3% of the net amount available for investment in Assets (after payment of Selling Commissions, dealer manager fees, wholesaling fees, marketing support fees, marketing reallowances and Organization and Offering Expenses). The Advisor shall reallow 70% of Acquisition and Origination Fees and 100% of the Acquisition Expenses to the sub-advisor pursuant to the Sub-Advisory Agreement. In addition, the Trust shall pay to the Advisor or an Affiliate of the Advisor Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, upon the reinvestment of proceeds from capital transactions, such as the repayment of principal by a borrower, up to 3% of the funds advanced under a new loan or the Contract Purchase Price of the new Property or equity investment. The Advisor shall reallow 100% of Acquisition and Origination Fees and Acquisition Expenses paid upon the reinvestment of proceeds from capital transactions to the sub-advisor pursuant to the Sub-Advisory Agreement. Acquisition and Origination Fees shall be due and payable to the Advisor or an Affiliate of the Advisor, and Acquisition Expenses shall be reimbursed to the Advisor, on or before the twenty-fifth (25th) calendar day of the month following the month in which the funds were invested in Assets in a transaction that gives rise to the obligation to pay Acquisition and Origination Fees and/or reimburse Acquisition Expenses. The Acquisition and Origination Fees and Acquisition Expenses that will be paid or reimbursed by the Trust will be reduced by the amount of any Acquisition and Origination Fees or Acquisition Expenses paid or reimbursed by any Person to the Advisor or an Affiliate of the Advisor with respect to any Asset. The total of all Acquisition and Origination Fees, including Debt Financing Fees, from any source, and any Acquisition Expenses shall be limited in accordance with the Declaration of Trust, and the Acquisition and Origination Fees paid in respect of secured loans shall not exceed 1% per annum when pro rated prorated over the stated term of the respective loan.

Acquisition and Origination Fees and Acquisition Expenses. The Trust shall pay to the Advisor or an Affiliate of the Advisor, Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, in an aggregate amount of 3% of the net amount available for investment in Assets (after payment of Selling Commissions, dealer manager fees, wholesaling fees, marketing support fees, marketing reallowances and Organization and Offering Expenses). The Advisor shall reallow 70% of Acquisition and Origination Fees and 100% of the Acquisition Expenses to the sub-advisor pursuant to the Sub-Advisory Agreement. In addition, the Trust shall pay to the Advisor or an Affiliate of the Advisor Acquisition and Origination Fees, and will reimburse the Advisor for Acquisition Expenses, upon the reinvestment in an aggregate amount of proceeds from capital transactions, such as the repayment of principal by a borrower, up to 33.0% of the funds advanced under a new loan or the Contract Purchase Price net amount available for investment in Assets (after payment of the new Property or equity investment. The Advisor shall reallow 100% of Selling Commissions, wholesaling fees, marketing support fees, marketing reallowances and Organization and Offering Expenses); provided, however, that no Acquisition and Origination Fees and or Acquisition Expenses will be paid upon or reimbursed with respect to any Asset level indebtedness incurred by the reinvestment of proceeds from capital transactions to the sub-advisor pursuant to the Sub-Advisory Agreement. Acquisition and Origination Fees shall be due and payable to the Advisor or an Affiliate of the Advisor, and Acquisition Expenses shall be reimbursed to the Advisor, on or before the twenty-fifth (25th) calendar day of the month following the month in which the funds were invested in Assets in a transaction that gives rise to the obligation to pay Acquisition and Origination Fees and/or reimburse Acquisition ExpensesTrust. The Acquisition and Origination Fees and Acquisition Expenses that will be paid or reimbursed by the Trust will be reduced by the amount of any Acquisition and Origination Fees or Acquisition Expenses paid or reimbursed by any Person to the Advisor or an Affiliate of the Advisor with respect to any Asset. The Trust will not pay or reimburse any Acquisition and Origination Fees or any Acquisition Expenses with respect to any participation agreement that the Trust enters into with any Affiliate of the Trust or the Advisor for which the Advisor or an Affiliate of the Advisor previously has received Acquisition and Origination Fees or Acquisition Expenses from such Affiliate of the Trust or the Advisor with respect to the same Asset. The total of all Acquisition and Origination Fees, including Debt Financing Fees, from any source, and any Acquisition Expenses shall be limited in accordance with the Declaration of Trust, Trust and the Acquisition and Origination Fees paid in respect of secured loans shall not exceed 1% per annum when pro rated over the stated term of the respective loanNASAA Guidelines.”