Common use of AND WHEN RECORDED MAIL TO Clause in Contracts

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing Tennessee, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17, 2014 in the original principal amount of $3,952,140.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25, 2014, In Book: 3,907, Pages 112-149 in the Official Records of DeSoto County, Mississippi, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

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AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 4250 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 AttentionXttention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeTexas, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17June 12, 2014 in the original principal amount of $3,952,140.00, 7,570,000 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 7,460,534.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17June 13, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25June 16, 2014, In Book: 3,907, Pages 112-149 as Instrument No. 2014033556 in the Official Records of DeSoto Galveston County, MississippiTexas, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx X. Xxxxx c/o LATHAM & XXXXXXX LLP 000 Xx Xxxxx Xxxxxx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is Suite 5800 Chicago, IL 60606 This Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (this “Deed of Trust”) , made as this [ ] day of April 4[ ], 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing Tennessee, PROPERTY DEVELOPMENT CENTERS LLC, a Delaware limited liability company (“BorrowerTrustor”), whose address is [ ], as trustee (“Trustee”), for the benefit of SAFEWAY, INC., a Delaware corporation (“Beneficiary”), Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in [ ] County, [ ], described on Exhibit A attached hereto (the “Land”) together with respect all right, title and interest in and to that certain the lighting, electrical, mechanical, plumbing and heating, ventilation and air conditioning systems used in connection with said real estate, and all other draperies, appliances and other fixtures and equipment attached or appurtenant to said real estate) and all rights, easements, rights of way and other appurtenances thereto associated with the Land (collectively, the “Property”). TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph 6 of the provisions herein to collect and apply such rents, issues and profits. For the Purpose of Securing: (a) performance of each agreement of Trustor incorporated by reference or contained herein, and (b) payment of the indebtedness evidenced by one Loan Modification Agreement, dated as Agreement of even date herewith, between Beneficiary, as lender, and Trustor, as Borrower and Lender (as amended, supplemented, or modified from time to time, the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17, 2014 in the original principal amount sum of up to $3,952,140.00300,000,000. To Protect the Security of This Deed of Trust, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25, 2014, In Book: 3,907, Pages 112-149 in the Official Records of DeSoto County, Mississippi, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.Trustor Agrees:

Appears in 1 contract

Samples: Merger Agreement (Safeway Inc)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeTexas, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17June 12, 2014 in the original principal amount of $3,952,140.00, 7,570,000 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 7,460,534.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17June 13, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25June 16, 2014, In Book: 3,907, Pages 112-149 as Instrument No. 201494762 in the Official Records of DeSoto Cxxxxxxx County, MississippiTexas, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeFlorida 2, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the "Note”), dated November 17October 9, 2014 2015 in the original principal amount of $3,952,140.00, 5,015,060 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the "Amended and Restated Note" by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 4,875,898 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17October 9, 2014 2015 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25December 17, 20142015, In Book: 3,907, Pages 112-149 as Instrument No. 2015286953 in the Official Records of DeSoto Dxxxx County, MississippiFlorida, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A" attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeFlorida 2, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17October 9, 2014 2015 in the original principal amount of $3,952,140.00, 5,015,060 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the "Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 4,875,898 has been modified pursuant to the "Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17October 9, 2014 2015 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25October 20, 20142015, In Book: 3,907, Pages 112-149 as Instrument No. 2015241715 in the Official Records of DeSoto Dxxxx County, MississippiFlorida, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4___, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeFlorida, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17March 10, 2014 2015, in the original principal amount of $3,952,140.003,526,985.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 3,493,794.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17March 10, 2014 2015 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25March 16, 20142015, In Book: 3,907, Pages 112-149 as Instrument No. 2015059181 in the Official Records of DeSoto Dxxxx County, MississippiFlorida, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 4250 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 AttentionXttention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeTexas, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17June 12, 2014 in the original principal amount of $3,952,140.00, 7,570,000 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 7,460,534.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17June 13, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25June 16, 2014, In Book: 3,907, Pages 112-149 as Instrument No. 20140257682 in the Official Records of DeSoto Hxxxxx County, MississippiTexas, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

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AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeTexas, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17June 12, 2014 in the original principal amount of $3,952,140.00, 7,570,000 by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 7,460,534.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17June 13, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25June 16, 2014, In Book: 3,907, Pages 112-149 as Instrument No. 2014061993 in the Official Records of DeSoto Fort Bend County, MississippiTexas, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing TennesseeFlorida, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17March 10, 2014 2015, in the original principal amount of $3,952,140.003,526,985.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 3,493,794.00 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17March 10, 2014 2015 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25March 18, 20142015, In Book: 3,907, Pages 112-149 as Instrument No. 2015012884 in the Official Records of DeSoto Clay County, MississippiFlorida, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM DEED OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS TRUST WITH ASSIGNMENT OF RECORD RENTS AS ADDITIONAL SECURITY This DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY (this "Deed of Trust") is made as of April 4between WILLIAM MCGLASHAN and MARIE MCGLASHAN herein collectively called TRUSXXX, 2017xxxxx xxxxxxs is __________________ _____________________, by [TITLE COMPANY], a ___________________, herein called TRUSTEE, and between Silvergate BankCRITICAL PATH, INC., a California corporation corporation, herein called BENEFICIARY. Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale that property in ________________ County _______________ California, described as: [Property legal description] (“Lender”the "Property") together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits. For the purpose of securing (1) payment of the sum of $ ______________________ with interest thereon according to the terms of that certain Secured Promissory Note of even date herewith made by Trustor, payable to order of Beneficiary (the "Note"), and Reven Housing Tennesseeextensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured including, LLCwithout limitation, that certain Loan Agreement of even date herewith between Trustor and Beneficiary (the "Loan Agreement") and that certain Pledge Agreement of even date herewith between Trustor and Beneficiary; (3) payment of additional sums and interest thereon that may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a Delaware limited liability company (“Borrower”)promissory note or notes reciting that they are secured by this Deed of Trust. Except as provided in the Loan Agreement, if the Trustor shall convey or alienate the Property or any part thereof or any interest therein or shall be divested of his title in any manner or way, whether voluntary or involuntary, any indebtedness or obligation secured hereby, irrespective of the maturity date expressed in any note evidencing the same, including the Note, at the option of the holder hereof and without demand or notice shall become due and payable immediately. To protect and maintain the security of this Deed of Trust, and with respect to the Property, which is described above, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth below, and it is mutually agreed that all of the terms and provisions set forth below shall inure to and bind the parties hereto, with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17, 2014 in the original principal amount of $3,952,140.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 25, 2014, In Book: 3,907, Pages 112-149 in the Official Records of DeSoto County, Mississippi, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth hereinProperty.

Appears in 1 contract

Samples: Pledge Agreement (Critical Path Inc)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM ASSIGNMENT OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD LESSOR'S INTEREST IN LEASES (this "ASSIGNMENT") is made as of April 4on ________ ___, 20172001, by and between Silvergate BankBPP/ARROWHEAD, L.P., a California corporation Delaware limited partnership, (“Lender”"ASSIGNOR"), and Reven Housing Tennesseein favor of LAV, LLC, a Delaware limited liability company (“Borrower”"ASSIGNEE"). For a valuable consideration, with respect the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, conveys, transfers and assigns to Assignee all of Assignor's right, title and interest in, to and under the leases (and all amendments and modifications thereto) relating to that certain Loan Modification Agreementreal property located in the County of San Bernardino, dated as State of even date herewith, between Borrower California and Lender more particularly described in EXHIBIT A attached hereto and incorporated herein by this reference (the “Loan Modification Agreement”"REAL PROPERTY"). NOTICE is hereby given that , which leases are identified in EXHIBIT B attached hereto and incorporated herein by this reference (as amended and modified, the "LEASES"), together with (i) any and all rights, title, estates and interests of Assignor in and to such security deposits (and any interest required thereon) and prepaid rents, if any, as have been paid to Assignor pursuant to such Leases and not previously applied pursuant to the Loan Modification Agreement between Borrower Leases, and Lender dated (ii) any and all rights, title, estates and interests of Assignor in and to any subleases, if any, relating to the Real Property. Except as otherwise provided in Section 5(e) of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17, 2014 in the original principal amount of $3,952,140.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended Purchase and Restated Promissory Note (the “Amended Sale Agreement and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, Joint Escrow Instructions dated as of November 1726, 2014 (the “Mortgage”)2001, by Borrowerand between Assignor, as trustorseller, for the benefit of Lenderand Assignee, as beneficiarypurchaser, recorded on November 25Assignor shall indemnify, 2014protect, In Book: 3,907defend and hold Assignee harmless from and against any and all claims, Pages 112-149 in the Official Records demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of DeSoto County, Mississippi, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of or resulting from any conflict between the terms of this Memorandum and breach or default by Assignor under the terms of the Loan Modification AgreementLeases arising prior to the date hereof. Assignor covenants that it will, at any time and from time to time upon written request therefor, at Assignee's sole expense and without the assumption of any additional liability thereby, execute and deliver to Assignee, its successors and assigns, any new or confirmatory instruments and take such further acts as Assignee may reasonably request to fully evidence the assignment contained herein and to enable Assignee, its successors and assigns to fully realize and enjoy the rights and interests assigned hereby. Assignee accepts the foregoing assignment and assumes and shall pay, perform and discharge, as and when due, all of the agreements and obligations of Assignor under the Leases arising from and after the date hereof and agrees to be bound by all of the terms and conditions of the Leases, and Assignee further agrees that, as between Assignor and Assignee, Assignee shall be responsible for any brokerage commissions, fees or payments which may be due or payable in connection with any extension or renewal of the term of any Lease arising from and after the date hereof. Assignee shall indemnify, protect, defend and hold Assignor harmless from and against any and all claims, demands, liabilities, losses, costs, damages or expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or resulting from any breach or default by Assignee under the terms of the Loan Modification Agreement Leases arising on or after the date hereof. The provisions of this Assignment shall control. In addition be binding upon, and shall inure to the foregoingbenefit of, pursuant the successors and assigns of Assignor and Assignee, respectively. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. The signature and acknowledgment pages of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) and acknowledgment(s) thereon, provided such signature and acknowledgment pages are attached to the Loan Modification Agreement, Borrower any other counterpart identical thereto except having additional signature and Lender are acknowledgment pages executed and acknowledged by other parties to modify the Mortgage and all other recorded Loan Documents as more particularly set forth hereinthis Assignment attached thereto.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Burnham Pacific Properties Inc)

AND WHEN RECORDED MAIL TO. Silvergate Bank 4000 Xxxxxxxxx Xxxxxx Xxxxx 000 Xx Xxxxx, Xxxxxxxxxx 00000-0000 Attention: Commercial RE Group THIS MEMORANDUM OF LOAN MODIFICATION AGREEMENT AND AMENDMENT TO MORTGAGE AND DOCUMENTS OF RECORD is made as of April 4, 2017, by and between Silvergate Bank, a California corporation (“Lender”), and Reven Housing Tennessee, LLC, a Delaware limited liability company (“Borrower”), with respect to that certain Loan Modification Agreement, dated as of even date herewith, between Borrower and Lender (the “Loan Modification Agreement”). NOTICE is hereby given that pursuant to the Loan Modification Agreement between Borrower and Lender dated as of the date hereof (“Loan Modification Agreement”), that certain promissory note (the “Note”), dated November 17, 2014 in the original principal amount of $3,952,140.00, by Borrower, as maker, to the order of Lender], is replaced with that certain Amended and Restated Promissory Note (the “Amended and Restated Note” by Borrower in favor of Lender of even date herewith in the original amount of $3,887,321.13 has been modified pursuant to the “Loan Modification Agreement”. The obligations under the Note were previously secured by, among other things, that certain mortgage, dated as of November 17, 2014 (the “Mortgage”), by Borrower, as trustor, for the benefit of Lender, as beneficiary, recorded on November 2520, 2014, In Book: 3,907, Pages 112-149 as Instrument No. 14118485 in the Official Records of DeSoto Shelby County, MississippiTennessee, and continue to be secured thereby. The Mortgage encumbers certain real and personal property at the location more particularly described in Exhibit “A” attached hereto and made a part hereof. Reference should be made to the Loan Modification Agreement and the Amendment for the particular terms of the modification provided therein. In the event of any conflict between the terms of this Memorandum and the terms of the Loan Modification Agreement, the terms of the Loan Modification Agreement shall control. In addition to the foregoing, pursuant to the Loan Modification Agreement, Borrower and Lender are to modify the Mortgage and all other recorded Loan Documents as more particularly set forth herein.

Appears in 1 contract

Samples: Loan Modification Agreement (Reven Housing REIT, Inc.)

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