DISTRIBUTION AND MANAGEMENT AGREEMENT dated as of , 2006 PERFORMANCE HOME BUYERS, LLC and SUMNER HARRINGTON LTD. Senior Secured Renewable NotesDistribution and Management Agreement • April 14th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account) • Minnesota
THIS DISTRIBUTION AND MANAGEMENT AGREEMENT is entered into as of this ___day of , 2006 by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), and Sumner Harrington Ltd., a Minnesota corporation (the “Agent”).
INDENTURE Dated as of __________, 2005 By and Between PERFORMANCE HOME BUYERS, LLC, as obligor and THE HERRING BANK, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee Senior Secured Renewable NotesIndenture • April 14th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account) • Minnesota
THIS INDENTURE is hereby entered into as of , 2005, by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), as obligor, and The Herring Bank, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee (the “Trustee”).
PERFORMANCE HOME BUYERS, LLC SENIOR SECURED RENEWABLE NOTE SUBSCRIPTION AGREEMENTSenior Secured Renewable Note Subscription Agreement • November 9th, 2005 • Performance Home Buyers LLC
To purchase a senior secured renewable note(s), please complete this form and write a check made payable to PERFORMANCE HOME BUYERS, LLC (“PHB”). Send this form along with your check and any other documents requested below to the selling agent for the notes, SUMNER HARRINGTON LTD., 11100 WAYZATA BOULEVARD, SUITE 170, MINNEAPOLIS, MN 55305. If you have any questions, call the selling agent for the notes, SUMNER HARRINGTON LTD., at 800-234-5777.
AMENDED AND RESTATED MANAGEMENT AGREEMENT BETWEEN PERFORMANCE HOME BUYERS, LLC AND PERFORMANCE HOME BUYERS, INC.Management Agreement • November 9th, 2005 • Performance Home Buyers LLC
THIS AGREEMENT is hereby entered into as of October 31, 2005 by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), and Performance Home Buyers, Inc., an Ohio corporation (the “Manager”).
AGENCY AGREEMENTAgency Agreement • February 8th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account) • Ohio
THIS AGENCY AGREEMENT (this “Agreement”) is dated as of , 2006, and is by and between Herring Bank, as Trustee (the “Trustee”), , a corporation, as agent (the “Agent”) and Performance Home Buyers, LLC, an Ohio limited liability company (“PHB”).
Performance Home Buyers, LLC Amended and Restated Operating AgreementOperating Agreement • November 9th, 2005 • Performance Home Buyers LLC • Ohio
ESCROW AGREEMENTEscrow Agreement • February 8th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account)
THIS ESCROW AGREEMENT made and entered into this , 2006, between , a banking association with principal offices in , Ohio (hereinafter called the “Escrow Agent”), Performance Home Buyers, LLC, an Ohio limited liability company (hereinafter called the “Company”), Sumner Harrington Ltd., a Minnesota corporation (“SHL”) and , a national real estate title company organized as a (“Title”).
CROSS PURCHASE/REDEMPTION AGREEMENTCross Purchase/Redemption Agreement • November 9th, 2005 • Performance Home Buyers LLC • Ohio
THIS AGREEMENT is made and entered into this _15th___day of ___May___, 2005, by and between PETER E. JULIAN, E. RANDALL PORTER, MARK FITZGERALD and WAYNE HAWKINS (collectively, “Members”) and PERFORMANCE HOME BUYERS, LLC, an Ohio limited liability company, having its principal place of business in Ohio (“Company”).
LOAN AGREEMENTLoan Agreement • February 8th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account) • Ohio
THIS AGREEMENT (“Agreement”) is made effective as of the ___ day of , 2005, by and among PETER E. JULIAN (“Julian”), , an Ohio (“Company”), and the undersigned investor (“Investor”).
LEASELease Agreement • November 9th, 2005 • Performance Home Buyers LLC
THIS LEASE AGREEMENT, made the 3rd day of NOVEMBER 2005 , by and between JEFFREY L. WHITESELL, WILLIAM A. WHITESELL, NANCY J. REINKE, JOYCE A. HOFFMAN and ABBY E. WHITESELL, partners doing business as OFFICETOWN EAST CO., hereinafter called Lessor, and:
AGREEMENT FOR SERVICESEmployee Lease Agreement • April 14th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account)
This is an Employee Lease Agreement (hereinafter referred to as the “Agreement”), dated effective March 1, 2006 between Performance Home Buyers, LLC (hereinafter referred to as “Company”), and Performance Home Buyers, Inc. (hereinafter referred to as “Lessor”) both located at 4130 Linden Avenue, Suite 307, Dayton, Ohio 45432.
EXCHANGE AGREEMENTExchange Agreement • August 14th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account)
This EXCHANGE AGREEMENT is entered into as of the 1st day of July, 2006 by and among PERFORMANCE HOME BUYERS LLC, an Ohio limited liability company (“Borrower”) and KENNETH O. HUNTINGDON (“Lender”).
CONTRACT FOR JOINT VENTUREJoint Venture Agreement • February 8th, 2006 • Performance Home Buyers LLC • Real estate dealers (for their own account) • Ohio
This Agreement is entered into at Dayton, Ohio, this 12th day of December, 2005, by and between Nations First Mortgage Banc, Inc., an Ohio Corporation, (hereinafter referred to as “NFMB”), whose address is 7925 Paragon Road, Suite C, Dayton, Ohio 45459 and Performance Home Buyers, LLC, an Ohio Limited Liability Company, and any and all affiliates of Performance Home Buyers, LLC, (hereinafter referred to as “PHB”), whose address is 4130 Linden Avenue, Dayton, OH.
