RECITALS:Operating Agreement • May 9th, 2005 • Across America Real Estate Development Corp • Non-operating establishments • Colorado
EXHIBIT 10.7 July 1, 2004 Alexander V. Lagerborg President Across America Real Estate Development 1440 Blake Street, Unit 310 Denver, CO 80202 Re: Letter of intent to develop express car washes Dear Mr. Lagerborg: This letter sets forth certain terms...Letter of Intent • September 21st, 2004 • Across America Real Estate Development Corp • Non-operating establishments
EXHIBIT 10.5 LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is made as of________________, 20__ (the "Commencement Date"), between CROSS COUNTRY PROPERTIES III, LLC, a Georgia limited liability company ("Landlord"); and ADVANCE STORES COMPANY,...Lease Agreement • September 21st, 2004 • Across America Real Estate Development Corp • Non-operating establishments • Georgia
WITNESSETH: -----------Lease Agreement • September 21st, 2004 • Across America Real Estate Development Corp • Non-operating establishments
Exhibit 10.8 Joint Development Agreement for Express Tunnel Carwash ProjectJoint Development Agreement • October 6th, 2004 • Across America Real Estate Development Corp • Non-operating establishments
The following is an outline of the terms Across America Real Estate Development (AARD) will consider in relation to the proposed joint development agreement for Riverdale Carwash Littleton Colorado. If the following terms are agreeable to S&O Development AARD will proceed with the formulation of the legal documents and a contract. The following terms are not all-inclusive and are subject to change prior to formal approval of the indicated transaction. S&O Development and AARD will form a LLC for the development of the identified property. S&O Development will own 49.9% of the LLC and AARD will own 50.1% of the LLC. The name of the LLC will be Riverdale Carwash Lot3A, LLC.
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEXCORE GROUP LP (a Delaware limited partnership)Limited Partnership Agreement • October 5th, 2010 • Capterra Financial Group, Inc. • Real estate • Delaware
Under penalties of perjury, I declare that I have examined this certification and, to the best of my knowledge and belief, it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of Partner.
WarrantWarrant Agreement • November 16th, 2009 • Capterra Financial Group, Inc. • Real estate
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON THE EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER EITHER THE SECURITIES ACT OF 1933 (THE “ACT”) OR APPLICABLE STATE SECURITIES LAWS (THE “STATE ACTS”) AND SHALL NOT BE SOLD, PLEDGED, HYPOTHECATED, DONATED, OR OTHERWISE TRANSFERRED (WHETHER OR NOT FOR CONSIDERATION) BY THE HOLDER EXCEPT UPON THE ISSUANCE TO THE COMPANY OF A FAVORABLE OPINION OF COUNSEL OR SUBMISSION TO THE COMPANY OF SUCH EVIDENCE AS MAY BE SATISFACTORY TO COUNSEL TO THE COMPANY, IN EACH SUCH CASE, TO THE EFFECT THAT ANY SUCH TRANSFER SHALL NOT BE IN VIOLATION OF THE ACT AND THE STATE ACTS.
SECURITIES EXCHANGE AGREEMENTSecurities Exchange Agreement • July 7th, 2008 • Across America Real Estate Corp • Real estate • Colorado
This SECURITIES EXCHANGE AGREEMENT (this “Agreement”), is entered into as of June 30, 2008, by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation (the “Company”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company (“BOCO” or the “Buyer”).
NEXCORE HEALTHCARE CAPITAL CORP RESTRICTED COMMON STOCK AWARD AGREEMENTRestricted Common Stock Award Agreement • April 1st, 2013 • Nexcore Healthcare Capital Corp • Real estate • Delaware
This Restricted Common Stock Award Agreement (the “Agreement”) is made as of December 19, 2012 (the “Grant Date”) by and between NexCore Healthcare Capital Corp, a Delaware corporation (the “Company”), and Robert E. Lawless (the “Grantee”).
RESTRICTED SECURITIES AWARD AGREEMENTRestricted Securities Award Agreement • March 31st, 2014 • Nexcore Healthcare Capital Corp • Real estate • Delaware
This Restricted Securities Award Agreement (the “Agreement”) is made as of December 16, 2013 (the “Grant Date”) by and between NexCore Healthcare Capital Corp, a Delaware corporation (the “Company”), and Gregory C. Venn (the “Grantee”).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • October 4th, 2006 • Across America Real Estate Corp • Real estate • Colorado
This SECURITIES PURCHASE AGREEMENT (this “Agreement”), is entered into as of September 28, 2006, by and among ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation (the “Company”), BOCO INVESTMENTS, LLC, a Colorado limited liability company (“BOCO”), GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership (“GDBA” and together with BOCO, the “Institutional Buyers”) and JOSEPH C. ZIMLICH (“Zimlich” and together with the Institutional Buyers, collectively, the “Buyers” and individually a “Buyer”).
ACCRUED INTEREST PAYMENT AGREEMENTAccrued Interest Payment Agreement • July 7th, 2008 • Across America Real Estate Corp • Real estate • Colorado
This ACCRUED INTEREST PAYMENT AGREEMENT (this “Agreement”), is entered into as of June 30, 2008, by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation (the “Company”) and JOSEPH C. ZIMLICH (“ZIMLICH” or the “Buyer”).
EXTENSION AGREEMENTExtension Agreement • April 6th, 2009 • Capterra Financial Group, Inc. • Real estate • Colorado
THIS EXTENSION AGREEMENT (the “Agreement”), dated as of this 31st day of March, 2009 by and between CAPTERRA FINANCIAL GROUP, INC, formerly known as ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 1440 Blake Street, Suite 310, Denver, Colorado 80202 (“The Company”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“BOCO”).
REVOLVING NOTERevolving Note • October 4th, 2006 • Across America Real Estate Corp • Real estate • Colorado
This Revolving Note is executed and delivered under and pursuant to the terms of that certain Securities Purchase Agreement dated as of September 28, 2006 (the “Purchase Agreement”) by and among ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation (the “Company”), BOCO INVESTMENTS, LLC, a Colorado limited liability company, GDBA INVESTMENTS LLLP, a Colorado limited liability limited partnership, and JOSEPH C. ZIMLICH. Each capitalized term used herein, and not otherwise defined, shall have the meaning ascribed thereto in the Purchase Agreement. This Revolving Note (the “Note”) is the Revolving Note referred to in the Purchase Agreement and is subject to all the agreements, terms and conditions therein contained.
Exhibit 10.2 CONSTRUCTION AND LAND ACQUISITION LOAN AGREEMENT THIS AGREEMENT, made and entered into as of the 5th day of June, 2003 by and between GDBA Investments LLLP, a Colorado limited liability limited partnership ("Lender"), and Cross Country...Construction and Land Acquisition Loan Agreement • May 14th, 2004 • Across America Real Estate Development Corp • Georgia
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note Amendment • August 14th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (this “Agreement”), dated as of this 30th day of March, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
ARTICLE 1 LOANFunding Agreement • May 14th, 2004 • Across America Real Estate Development Corp • Colorado
AMENDMENT TO REVOLVING NOTERevolving Note Amendment • August 14th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (this “Agreement”), dated as of this 30th day of March, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
AMENDMENT TO REVOLVING NOTERevolving Note • August 14th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 10th day of August, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note • August 14th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 10th day of August, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).
VOTING TRUST AGREEMENTVoting Trust Agreement • March 31st, 2014 • Nexcore Healthcare Capital Corp • Real estate
This VOTING TRUST AGREEMENT (this “Agreement”) made as of September 29, 2010 among certain stockholders of CapTerra Financial Group, Inc., a Colorado corporation (hereinafter called the “Company”), whose names are set forth on the signature page hereof (hereinafter called individually a “Stockholder” and collectively the “Stockholders” and, in their capacities as holders of voting trust certificates, such persons or their registered assigns are called individually a “Holder” and collectively the “Holders”) and Greg Venn and Peter Kloepfer (in such persons’ capacities as voting trustees hereunder, together with any successor trustee(s), hereinafter called the “Trustees”).
ARTICLE 1 LOAN ----Agreement to Fund • December 1st, 2004 • Across America Real Estate Development Corp • Non-operating establishments • Colorado
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note • October 31st, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 25th day of October, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
SHAREHOLDERS’ AGREEMENTShareholders Agreement • October 4th, 2006 • Across America Real Estate Corp • Real estate • Colorado
THIS SHAREHOLDERS’ AGREEMENT is entered into this 28th day of September, 2006, by and among Across America Real Estate Corp., a Colorado corporation (the “Company”), BOCO Investments, LLC, a Colorado limited liability company (“BOCO”) and GDBA Investments, LLLP, a Colorado limited liability limited partnership (“GDBA”). BOCO and GDBA are referred to herein as an “Investor” and together, the “Investors”.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 9th, 2006 • Across America Real Estate Corp • Real estate • Colorado
This First Amendment to Credit ("Amendment"), executed on August 3, 2006 to be effective as of April 26,2006, is by and among ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation (formerly known as "Across America Real Estate Development Corp.") ("Company"), GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, G. BRENT BACKMAN, and KAREN A. BACKMAN (collectively "Guarantor") and VECTRA BANK COLORADO, NATIONAL ASSOCIATION ("Lender").
AMENDMENT TO REVOLVING NOTERevolving Note Amendment • December 27th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 18th day of December, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
AMENDMENT TO REVOLVING NOTERevolving Note Amendment • March 31st, 2008 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 25th day of March, 2008 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note • March 31st, 2008 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 25th day of March, 2008 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note Amendment • October 7th, 2009 • Capterra Financial Group, Inc. • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 28th day of September, 2009 by and between CAPTERRA FINANCIAL GROUP, INC., formerly know as ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Maker”) and GDBA INVESTMENTS, LLC, a Colorado limited liability company, and the successor in interest to GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Holder”).
ContractLock-Up Agreement • October 5th, 2010 • Capterra Financial Group, Inc. • Real estate • Colorado
ContractWarrant Agreement • October 5th, 2010 • Capterra Financial Group, Inc. • Real estate
AMENDMENT TO REVOLVING NOTERevolving Note Amendment • December 27th, 2007 • Across America Real Estate Corp • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 18th day of December, 2007 by and between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700 Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).
AMENDMENT TO SENIOR SUBORDINATED NOTESenior Subordinated Note • October 7th, 2009 • Capterra Financial Group, Inc. • Real estate • Colorado
THIS AMENDMENT (the “Amendment”), dated as of this 28th day of September, 2009 by and between CAPTERRA FINANCIAL GROUP, INC., formerly know as ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 1440 Blake Street, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins, Colorado 80524 (“Holder”).
SHAREHOLDERS’ AGREEMENTShareholders Agreement • October 5th, 2010 • Capterra Financial Group, Inc. • Real estate • Colorado
THIS SHAREHOLDERS’ AGREEMENT is entered into this 29th day of September, 2010, by and among CapTerra Financial Group, Inc., a Colorado corporation (the “Company”), BOCO Investments, LLC, a Colorado limited liability company (“BOCO”), GDBA Investments, LLC, a Colorado limited liability limited partnership (“GDBA”), West Mountain Asset Management, Inc., a Colorado corporation (“WAM”) and the Trustees (the “Trustees”) of the Voting Trust (as defined below). BOCO, GDBA, WAM, and the Trustees are referred to herein as an “Investor” and together, the “Investors”.
INDEMNIFICATION AGREEMENTIndemnification Agreement • October 5th, 2010 • Capterra Financial Group, Inc. • Real estate
THIS INDEMNIFICATION AGREEMENT is made and entered into as of September 29, 2010 (the “Effective Date”) by CAPTERRA FINANCIAL GROUP, INC., a Colorado corporation (the “Company”) and BOCO INVESTMENTS, LLC, a Colorado limited liability company (“BOCO”), and GDBA INVESTMENTS, LLC, a Colorado limited liability company, (BOCO and GDBA each an “Indemnitor,” and, collectively, the “Indemnitors”).
