Foundation Capital Resources Inc Sample Contracts

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ARTICLE I EMPLOYMENT OF SERVICER
Loan Servicing Agreement • November 18th, 2002 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia
ARTICLE I DUTIES OF THE MANAGER
Reit Management Agreement • April 24th, 2002 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia
GUARANTY (FOUNDATION CAPITAL PARTNERS I, LLLP)
Guaranty • May 13th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts

THIS GUARANTY (“Guaranty”) is made and entered into as of May 7 2002, by FOUNDATION CAPITAL PARTNERS I, LLLP (the “Guarantor”) a Georgia limited liability limited partnership in favor of RELIANCE TRUST COMPANY, a Georgia bank and trust company, in its capacity as Trustee under the Indenture (defined below) (“Trustee”).

GUARANTY (FOUNDATION CAPITAL PARTNERS II, LLLP)
Guaranty • October 14th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts

THIS GUARANTY ("Guaranty") is made and entered into as of May 7, 2003, by FOUNDATION CAPITAL PARTNERS II, LLLP (the "Guarantor") a Georgia limited liability limited partnership in favor of RELIANCE TRUST COMPANY, a Georgia bank and trust company, in its capacity as Trustee under the Indenture (defined below) ("Trustee").

TERMINATION OF LOAN SERVICING AGREEMENT
Termination of Loan Servicing Agreement • October 14th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS TERMINATION OF LOAN SERVICING AGREEMENT (this "Agreement") is dated as of the 1st day of April, 2003, by and between ONE CAPITAL ADVISORS, LLC, a Georgia limited liability company (the "Manager"), and NATIONAL LOAN SERVICES, LLC, a Missouri limited liability company (the "Servicer").

PROCEEDS ESCROW AGREEMENT
Proceeds Escrow Agreement • October 14th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts

THIS AGREEMENT made and entered into as of the 29th day of October, 2002, by and among FOUNDATION CAPITAL RESOURCES, INC., a corporation duly organized and existing under the laws of the State of Georgia ("Issuer"), RELIANCE TRUST COMPANY, a Georgia bank and trust company ("Escrow Agent"), and RIVES LEAVELL & CO., INC., a corporation duly organized and existing under the laws of the State of Alabama (hereinafter referred to as "Broker").

PROCEEDS ESCROW AGREEMENT
Proceeds Escrow Agreement • May 13th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts

THIS AGREEMENT made and entered into as of the 29th day of October, 2002, by and among FOUNDATION CAPITAL RESOURCES, INC., a corporation duly organized and existing under the laws of the State of Georgia (“Issuer”), RELIANCE TRUST COMPANY, a Georgia bank and trust company (“Escrow Agent”), and RIVES LEAVELL & CO., INC., a corporation duly organized and existing under the laws of the State of Alabama (hereinafter referred to as “Broker”).

RECITALS:
Collateral Assignment of Loan Documents • May 31st, 2002 • Foundation Capital Resources Inc • Real estate investment trusts
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED INDENTURE
Indenture • January 16th, 2004 • Foundation Capital Resources Inc • Real estate investment trusts

THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED INDENTURE (this "Amendment") is made as of the 12th day of January, 2004, by and between FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation (the "Issuer"), and RELIANCE TRUST COMPANY, a Georgia trust company, as trustee (the "Trustee").

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FOUNDATION CAPITAL PARTNERS I, LLLP, A GEORGIA LIMITED LIABILITY LIMITED PARTNERSHIP
Agreement of Limited Partnership • June 6th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP is dated as of January 1, 2003, by and among FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation, as general partner (the “General Partner”), FOUNDATION MINISTRIES LOAN FUND, a wholly charitable trust organized under the laws of the State of Missouri (the “Initial Limited Partner”), and those additional persons who from time to time agree to be bound by this Agreement as Limited Partners.

FOUNDATION CAPITAL RESOURCES, INC. AMENDED AND RESTATED REIT MANAGEMENT AGREEMENT
Reit Management Agreement • October 14th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED REIT MANAGEMENT AGREEMENT (this "Agreement") is entered into as of this 1st day of January, 2003, by and between FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation (the "Company"), and ONE CAPITAL ADVISORS, LLC, a Georgia limited liability company (the "Manager").

Foundation Capital Resources Inc. UP TO $55,000,000 OF CERTIFICATES OF INDEBTEDNESS $5,000 (Minimum Purchase) Certificates of Indebtedness UNDERWRITING AGREEMENT
Underwriting Agreement • May 13th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

Foundation Capital Resources, Inc. (the “Company”), a Georgia corporation hereby confirms its respective agreements with Rives, Leavell & Co., Inc. (“Rives”), a broker-dealer registered with the Securities and Exchange Commission (“Commission”) and a member of the National Association of Securities Dealers, Inc. (“NASD”), as follows:

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF FOUNDATION CAPITAL PARTNERS II, LLLP, A GEORGIA LIMITED LIABILITY LIMITED PARTNERSHIP
Limited Partnership Agreement • June 6th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP is dated as of January 1, 2003, by and among FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation, as general partner (the “General Partner”), and ASSEMBLIES OF GOD FINANCIAL SERVICES GROUP, a Missouri nonprofit corporation (the “Initial Limited Partner”), and those additional persons who from time to time agree to be bound by this Agreement as Limited Partners.

FOUNDATION CAPITAL RESOURCES, INC. AMENDED AND RESTATED REIT MANAGEMENT AGREEMENT
Reit Management Agreement • May 13th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS AMENDED AND RESTATED REIT MANAGEMENT AGREEMENT (this “Agreement”) is entered into as of this 1st day of January, 2003, by and between FOUNDATION CAPITAL RESOURCES, INC., a Georgia corporation (the “Company”), and ONE CAPITAL ADVISORS, LLC, a Georgia limited liability company (the “Manager”).

Foundation Capital Resources Inc. UP TO $55,000,000 OF CERTIFICATES OF INDEBTEDNESS $5,000 (Minimum Purchase) Certificates of Indebtedness UNDERWRITING AGREEMENT
Underwriting Agreement • October 14th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

Foundation Capital Resources, Inc. (the "Company"), a Georgia corporation hereby confirms its respective agreements with Rives, Leavell & Co., Inc. ("Rives"), a broker-dealer registered with the Securities and Exchange Commission ("Commission") and a member of the National Association of Securities Dealers, Inc. ("NASD"), as follows:

TERMINATION OF LOAN SERVICING AGREEMENT
Termination of Loan Servicing Agreement • May 13th, 2003 • Foundation Capital Resources Inc • Real estate investment trusts • Georgia

THIS TERMINATION OF LOAN SERVICING AGREEMENT (this “Agreement”) is dated as of the 1st day of April, 2003, by and between ONE CAPITAL ADVISORS, LLC, a Georgia limited liability company (the “Manager”), and NATIONAL LOAN SERVICES, LLC, a Missouri limited liability company (the “Servicer”).

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