INDEMNIFICATION AGREEMENTIndemnification Agreement • December 14th, 2017 • BRT Apartments Corp. • Real estate investment trusts • Maryland
JUNIOR SUBORDINATED INDENTURE between BRT REALTY TRUST and THE BANK OF NEW YORK MELLON, as TrusteeJunior Subordinated Indenture • June 1st, 2009 • BRT Realty Trust • Real estate investment trusts • New York
Junior Subordinated Indenture, dated as of May 26, 2009 , between BRT Realty Trust, a Massachusetts business trust (the “Company”), and The Bank of New York Mellon, a New York banking corporation, as Trustee (in such capacity, the “Trustee”).
LOAN AND SECURITY AGREEMENT among TRANSAMERICA BUSINESS CREDIT CORPORATION, as Lender, and BRT REALTY TRUST and BRT FUNDING CORP., as Borrowers Dated as of May __, 1999 2 TABLE OF CONTENTSLoan and Security Agreement • June 1st, 1999 • BRT Realty Trust • Real estate investment trusts • New York
Equity Distribution AgreementEquity Distribution Agreement • May 12th, 2023 • BRT Apartments Corp. • Real estate investment trusts • New York
MORTGAGE AND SECURITY AGREEMENT Dated: February 3, 2012 in the amount of $22,748,000 from RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC, Mortgagor a New Jersey limited liability company, having an office at: c/o RBH Group, 89 Market Street, 8th Floor,...Mortgage and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
WHEREAS, the Loan evidenced by the Note was made available by the Authority to the Mortgagor pursuant to the terms and provisions set forth in that certain Bond Agreement dated as of December 1, 2011 (the “Bond Agreement”) executed by and among the Mortgagor, the Authority and TD Bank, N.A., as purchaser (the “Purchaser”), under which the Authority has agreed to provide the Mortgagor with funds to undertake financing the acquisition of land and construction of buildings located in the City of Newark, County of Essex and State of New Jersey;
MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT Dated: September , 2012 in the amount of $15,699,999 (the “Mortgage Amount”) From TEACHERS VILLAGE PROJECT A QALICB URBAN RENEWAL ENTITY, LLC, a New Jersey limited liability company...Mortgage, Assignment of Leases and Rents and Security Agreement • December 13th, 2012 • BRT Realty Trust • Real estate investment trusts
THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY PROVISIONS AND SECURES OBLIGATIONS CONTAINING PROVISIONS FOR CHANGES IN INTEREST RATES, EXTENSIONS OF TIME FOR PAYMENT AND OTHER “MODIFICATIONS,” AS DEFINED IN N.J. LAWS 1985, CH. 353, IN TERMS OF SUCH OBLIGATIONS. UPON ANY SUCH MODIFICATION, THIS MORTGAGE SHALL HAVE THE BENEFIT OF THE LIEN PRIORITY PROVISIONS OF THAT LAW.
RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • March 14th, 2024 • BRT Apartments Corp. • Real estate investment trusts
RESTRICTED STOCK AWARD AGREEMENT, dated as of January 11, 2024 (the “Grant Date”), by and between BRT Apartments Corp., a Maryland corporation (the “Company”), having its principal place of business at 60 Cutter Mill Road, Great Neck, New York 11021 and the person named on the signature page of this Agreement (“Holder”).
ContractRestricted Stock Award Agreement • March 15th, 2023 • BRT Apartments Corp. • Real estate investment trusts
AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • February 9th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
Amendment No. 1 (the “Amendment”) dated as of December 8, 2011 and effective as of January 1, 2012 to the Amended and Restated Advisory Agreement dated as of January 1, 2007, by and between BRT Realty Trust and REIT Management Corp. (the “Agreement”).
AMENDMENT NO. 2 TO AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • May 9th, 2014 • BRT Realty Trust • Real estate investment trusts • New York
Amendment No. 2 (the “Amendment”) dated as of March 12, 2014 and effective as of June 30, 2014 (the “Effective Date”) to the Amended and Restated Advisory Agreement dated as of January 1, 2007, by and between BRT Realty Trust and REIT Management Corp. (the “Initial Agreement”), as amended by Amendment No. 1 dated as of December 8, 2011 (“Amendment No. 1”; the Initial Agreement, as amended by Amendment No. 1, referred to as the “Revised Agreement”, and the Revised Agreement, as amended by the Amendment, the “Agreement”).
LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT Dated: February 3, 2012 in the amount of $27,000,000 (the “Mortgage Amount”) From TEACHERS VILLAGE SCHOOL QALICB URBAN RENEWAL, LLC, a New Jersey limited liability company...Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY PROVISIONS AND SECURES OBLIGATIONS CONTAINING PROVISIONS FOR CHANGES IN INTEREST RATES, EXTENSIONS OF TIME FOR PAYMENT AND OTHER “MODIFICATIONS,” AS DEFINED IN N.J. LAWS 1985, CH. 353, IN TERMS OF SUCH OBLIGATIONS. UPON ANY SUCH MODIFICATION, THIS MORTGAGE SHALL HAVE THE BENEFIT OF THE LIEN PRIORITY PROVISIONS OF THAT LAW.
CONTRACT OF SALE TRB CUMBERLAND LLC TRB ARCHWOOD LLC - Seller - THE EMBASSY GROUP LLC - Purchaser - as of December 3, 2008Contract of Sale • December 8th, 2008 • BRT Realty Trust • Real estate investment trusts
GUARANTY OF NEW MARKETS TAX CREDITSGuaranty of New Markets Tax Credits • December 13th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
THIS GUARANTY OF NEW MARKETS TAX CREDITS (this “Guaranty”), is made as of September 11, 2012, by TEACHERS VILLAGE PROJECT A QALICB URBAN RENEWAL ENTITY, LLC, a New Jersey Urban Renewal limited liability company, and RBH-TRB NEWARK HOLDINGS, LLC, a New York limited liability company (each a “Guarantor” and collectively, the “Guarantors”, jointly and severally) for the benefit of GSB NMTC INVESTOR LLC, a Delaware limited liability company, its successors and assigns and any transferees of its interest in the Fund (as hereinafter defined) (collectively, the “Investor”).
CONTRACT OF SALE TRB ARBORS LLC - Seller - OSM INVESTMENT COMPANY - Purchaser - as of November 25, 2008Contract of Sale • December 8th, 2008 • BRT Realty Trust • Real estate investment trusts
AMENDED AND RESTATED LOAN AGREEMENT among BRT APARTMENTS CORP., as Borrower and VNB NEW YORK, LLC, as Lender Dated: November 18, 2021Loan Agreement • November 18th, 2021 • BRT Apartments Corp. • Real estate investment trusts • New York
RESTRICTED SHARES AGREEMENTRestricted Shares Agreement • February 6th, 2014 • BRT Realty Trust • Real estate investment trusts
RESTRICTED SHARES AGREEMENT, dated as of , by and between BRT Realty Trust, a Massachusetts business trust, having its principal place of business at 60 Cutter Mill Road, Great Neck, New York 11021 (the “Trust”) and the person named on the signature page of this Agreement (“Holder”).
AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 17th, 2018 • BRT Apartments Corp. • Real estate investment trusts • New York
BRT Apartments Corp., a Maryland corporation (the “Company”) and ________(the “Agent”) are parties to that certain Equity Distribution Agreement dated January 11, 2018 (the “Original Agreement”). All capitalized terms not defined herein shall have the meanings ascribed to them in the Original Agreement. The parties, intending to be legally bound, hereby amend the Original Agreement as follows (to be effective as set forth in paragraph 3 below):
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
THIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 17, 2012, by and among BRT RLOC LLC, a New York limited liability company (“Borrower”), BRT Realty Trust, a Massachusetts business trust, as guarantor (in such capacity, “Guarantor”) and as servicer (in such capacity, “Servicer”), the Lenders hereto, Capital One, National Association, as agent for the Lenders (in such capacity, Agent”) and as custodian (in such capacity, “Custodian”).
ContractLoan Agreement • November 6th, 2023 • BRT Apartments Corp. • Real estate investment trusts
SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 7th, 2008 • BRT Realty Trust • Real estate investment trusts • Tennessee
This SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Second Amendment”) is entered into as of the 5th day of August, 2008, by and between Brookside Properties, Inc., a Tennessee corporation (“Buyer”), and TRB Chattanooga LLC, a Tennessee limited liability company (the “Seller”).
ACCOUNT CONTROL AGREEMENTAccount Control Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
ACCOUNT CONTROL AGREEMENT (the “Agreement”) dated as of June 22, 2011 among CAPITAL ONE, NATIONAL ASSOCIATION, having an address at 275 Broadhollow Road, Melville, NY 11747 (“Bank”), BRT RLOC LLC, a New York limited liability company, having an address at c/o BRT Realty Trust, 60 Cutter Mill Road, Suite 303, Great Neck, New York 11021 (“Debtor”), and CAPITAL ONE, NATIONAL ASSOCIATION, as Agent for the Lenders (as defined below), having an address at 275 Broadhollow Road, Melville NY 11747 (together with its successors and assigns, hereinafter referred to as “Secured Party”).
CONTRACT OF SALE TRB CRESTBROOK LLC - Seller - CHAD M. RAY - Purchaser - as of November ___, 2008Contract of Sale • December 8th, 2008 • BRT Realty Trust • Real estate investment trusts
SERVICING AND ASSET MANAGEMENT AGREEMENT Between BRT REALTY TRUST as Servicer and Asset Manager and BRT RLOC LLC as Lender Dated as of June , 2011Servicing and Asset Management Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts • New York
THIS SERVICING AND ASSET MANAGEMENT AGREEMENT (this “Agreement”) is made as of June , 2011, between BRT REALTY TRUST, a business trust formed under and pursuant to the laws of the Commonwealth of Massachusetts (the “Servicer”), and BRT RLOC LLC a New York limited liability company, as Lender (the “Lender”).
CONTRACT OF SALE TRB CHATTANOOGA LLC - Seller - FREEMAN WEBB INVESTMENTS, INC. - Purchaser - as of April 17, 2008Contract of Sale • April 21st, 2008 • BRT Realty Trust • Real estate investment trusts
This CONTRACT OF SALE (this "Contract") is made and entered into as of the 17th day of April, 2008 by and between TRB Chattanooga LLC, a Tennessee limited liability company having an office at 60 Cutter Mill Road, Suite 303, Great Neck, New York 11021 ("Seller"), and Freeman Webb Investments, Inc., a Tennessee corporation having an office at 555 Great Circle Road, Suite 100, Nashville, Tennessee 37228-1310 ("Purchaser").
FORM OF PERFORMANCE AWARDS AGREEMENT – BRT REALTY TRUSTPerformance Awards Agreement • June 10th, 2016 • BRT Realty Trust • Real estate investment trusts • Massachusetts
THIS PERFORMANCE AWARDS AGREEMENT (the “Agreement”, is made as of ________, 2016 between BRT Realty Trust, a Massachusetts business trust (the “Trust”), and ___________, (“Recipient”).
SECURITY AGREEMENTSecurity Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts • New Jersey
This Security Agreement (“Agreement”) is dated this 3rd day of February, 2012, by and between RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC (“Debtor”), a New Jersey limited liability company, and TD BANK, N.A., a national banking association (“Lender”).
CUSTODIAL AGREEMENTCustodial Agreement • June 23rd, 2011 • BRT Realty Trust • Real estate investment trusts
CUSTODIAL AGREEMENT, dated as of June 22, 2011 (this “Agreement”), among CAPITAL ONE, NATIONAL ASSOCIATION (“Capital One”), as custodian (together with its successors in such capacity, the “Custodian”), BRT RLOC LLC (the “Borrower”), BRT REALTY TRUST, as Servicer (together with its successors in such capacity, the “Servicer”), and CAPITAL ONE, NATIONAL ASSOCIATION, as Agent (the “Agent”).
ContractRestricted Stock Awards Agreement • June 11th, 2021 • BRT Apartments Corp. • Real estate investment trusts
LOAN AGREEMENT Dated as of September 11, 2012 between GOLDMAN SACHS BANK USA, Lender, and RBH-TRB NEWARK HOLDINGS, LLC, Borrower.Loan Agreement • December 13th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
LOAN AGREEMENT (this “Agreement”), dated as of September 11, 2012, between GOLDMAN SACHS BANK USA, a New York banking corporation (together with its successors and assigns, the “Lender”), and RBH-TRB NEWARK HOLDINGS, LLC, a New York limited liability company (the “Borrower”).
ContractUnlimited Guaranty • November 18th, 2021 • BRT Apartments Corp. • Real estate investment trusts • New York
Membership Interest Purchase AgreementMembership Interest Purchase Agreement • May 10th, 2016 • BRT Realty Trust • Real estate investment trusts • New York
This Membership Interest Purchase Agreement (this "Agreement"), dated as of February 23, 2016, is entered into between TRB Newark Assemblage LLC, a New York limited liability company (“TRB”) and TRB Newark TRS LLC, a Delaware limited liability company (“TRB REIT”, and together with TRB, collectively, “Seller”) and, RBH Partners III, LLC a Delaware limited liability company (“Buyer”) and is joined in by RBH-TRB Newark Holdings, LLC, a New York limited liability company (the “Company”) and GS-RBH Newark Holdings, LLC, a Delaware limited liability company (“Indemnitor”).
ContractPerformance Awards Agreement • August 7th, 2023 • BRT Apartments Corp. • Real estate investment trusts
THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • July 15th, 2024 • BRT Apartments Corp. • Real estate investment trusts
THIS THIRD AMENDMENT TO AMENDED AND RESTATED LOAN AGREEMENT (this “Amendment”) is dated as of July 9, 2024 between VNB New York, LLC, having an office at 350 Madison Avenue, 5th Floor, New York, New York 10017 (hereinafter referred to as “Lender”) and BRT Apartments Corp., having an office at 60 Cutter Mill Road, Suite 303, Great Neck, New York 11021 (hereinafter referred to as “Borrower”).
ContractNote • February 9th, 2012 • BRT Realty Trust • Real estate investment trusts • New Jersey
AFTER THE ENDORSEMENT OF THIS NOTE AS HEREIN PROVIDED, THIS NOTE MAY NOT BE ASSIGNED, PLEDGED, ENDORSED OR OTHERWISE TRANSFERRED EXCEPT TO A SUCCESSOR OF THE PURCHASER UNDER THE BOND AGREEMENT REFERRED TO HEREIN.
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • June 7th, 2011 • BRT Realty Trust • Real estate investment trusts • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of June 2, 2011, is made by BRT TORCH MEMBER LLC, a Delaware limited liability company (“Pledgor”), in favor of DEBT OPPORTUNITY FUND III, LLC, a Delaware limited liability company (“Pledgee”).
