FS Credit Real Estate Income Trust, Inc. Sample Contracts

FORM OF INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 6th, 2017 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 2017, by and between FS Credit Real Estate Income Trust, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).

AutoNDA by SimpleDocs
MASTER REPURCHASE AND SECURITIES CONTRACT Dated as of October 18, 2024 among FS CREIT FINANCE WF-2 LLC, as Seller and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Buyer
Master Repurchase and Securities Contract • October 24th, 2024 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS MASTER REPURCHASE AND SECURITIES CONTRACT, dated as of October 18, 2024 (this “Agreement”), is made by and between FS CREIT FINANCE WF-2 LLC, a Delaware limited liability company (“Seller”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (as more specifically defined below, “Buyer”). Seller and Buyer (each also a “Party”) hereby agree as follows:

GUARANTEE AGREEMENT
Guarantee Agreement • October 24th, 2024 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

Pursuant to that certain Master Repurchase and Securities Contract, dated as of October 18, 2024 (as amended, supplemented or otherwise modified from time to time, the “Repurchase Agreement”), between Wells Fargo Bank, National Association (“Buyer”) and FS CREIT Finance WF-2 LLC, a Delaware limited liability company (“Seller”), Seller has agreed to sell, from time to time, to Buyer certain Purchased Assets, as defined in the Repurchase Agreement, upon the terms and subject to the conditions as set forth therein. Pursuant to the terms of that certain Custodial Agreement, dated as of the date hereof (as amended, supplemented or otherwise modified from time to time, the “Custodial Agreement”), by and among Computershare Trust Company, N.A. (the “Custodian”), Buyer and Seller, Custodian is required to take possession of the Purchased Assets, along with certain other documents specified in the Custodial Agreement, as Custodian of Buyer and any future purchaser, on several delivery dates, in

MASTER REPURCHASE AND SECURITIES CONTRACT Dated as of August 30, 2017 among FS CREIT FINANCE WF-1 LLC, as Seller and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Buyer
Master Repurchase and Securities Contract • September 7th, 2017 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS MASTER REPURCHASE AND SECURITIES CONTRACT, dated as of August 30, 2017 (this “Agreement”), is made by and between FS CREIT FINANCE WF-1 LLC, a Delaware limited liability company (“Seller”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (as more specifically defined below, “Buyer”). Seller and Buyer (each also a “Party”) hereby agree as follows:

MASTER REPURCHASE AGREEMENT Dated as of February 22, 2021 between BARCLAYS BANK PLC, as Purchaser, and FS CREIT FINANCE BB-1 LLC, as Seller
Master Repurchase Agreement • February 25th, 2021 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

MASTER REPURCHASE AGREEMENT, dated as of February 22, 2021 (as amended, restated, supplemented or otherwise modified and in effect from time to time, this “Agreement”), by and between BARCLAYS BANK PLC, a public limited company organized under the laws of England and Wales (including any successor thereto, “Purchaser”) and FS CREIT FINANCE BB-1 LLC, a limited liability company organized under the laws of the State of Delaware (“Seller”).

FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT BETWEEN FS CREDIT REAL ESTATE INCOME TRUST, INC. AND FS REAL ESTATE ADVISOR, LLC
Advisory Agreement • December 7th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Delaware

This Fourth Amended and Restated Advisory Agreement (the “Agreement”) is made as of December 1, 2022 (the “Effective Date”), by and between FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (the “Company”), and FS REAL ESTATE ADVISOR, LLC, a Delaware limited liability company (the “Adviser”). This Agreement amends and restates in its entirety the Third Amended and Restated Advisory Agreement dated December 15, 2021, between the Company and the Adviser. Capitalized terms used herein shall have the meanings ascribed to them in Section 1 below.

FOURTH AMENDMENT TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • March 30th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

WHEREAS, Purchaser and Seller are parties to that certain Master Repurchase Agreement, dated as of February 22, 2021, as amended by the First Amendment to Master Repurchase Agreement, dated as of May 20, 2021, as further amended by the Second Amendment to Repurchase Agreement, dated as of August 5, 2021, and as further amended by the Third Amendment to Repurchase Agreement, dated as of October 7, 2021 (the “Existing Repurchase Agreement” and, as amended by this Amendment, and as hereafter further amended, modified, restated, replaced, waived, substituted, supplemented or extended from time to time, the “Master Repurchase Agreement”); and

FORM OF DEALER MANAGER AGREEMENT
Dealer Manager Agreement • June 6th, 2017 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Maryland
AMENDMENT NO. 2 TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • February 23rd, 2024 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

This is a MASTER REPURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified, from time to time, the “Agreement”), dated as of March 3, 2023, between FS CREIT Finance BMO-1 LLC, a Delaware limited liability company (“Seller”) and BANK OF MONTREAL, a Canadian Chartered bank acting through its Chicago Branch (“Buyer”).

MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, as Administrative Agent, THE FINANCIAL INSTITUTIONS PARTY HERETO as Buyers, and FS CREIT FINANCE MS-1 LLC as Seller
Master Repurchase and Securities Contract Agreement • October 18th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

This Master Repurchase and Securities Contract Agreement (this “Agreement”) is dated as of October 13, 2022, and is made by and among MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), as administrative agent (in such capacity, together with its permitted successors and assigns, the “Administrative Agent”) for MORGAN STANLEY BANK, N.A., a national banking association (“MSBNA”), and such other financial institutions from time to time party hereto as buyers (MSBNA, together with its successors and assigns, and together with such other financial institutions from time to time party hereto and their respective successors and assigns, collectively “Buyers” and individually, each a “Buyer”) and FS CREIT FINANCE MS-1 LLC, a Delaware limited liability company, as seller (“Seller”).

SIXTH AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • May 9th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

This Sixth Amendment to Loan and Security Agreement (this “Amendment”) is dated as of May 5, 2022 by and among FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“FS CREIT”), and FS CREIT FINANCE HOLDINGS LLC, a Delaware limited liability company (“Finance Holdings” and together with FS CREIT, each individually referred to hereinafter as a “Borrower” and collectively as the “Borrowers”), the Lenders (as defined below) party hereto, and CITY NATIONAL BANK, a national banking association (“CNB”), as administrative agent for the Lenders (in such capacity, “Agent”).

FS CREDIT REAL ESTATE INCOME TRUST, INC. AMENDED AND RESTATED DEALER MANAGER AGREEMENT August 17, 2018
Dealer Manager Agreement • August 17th, 2018 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Delaware

This Amended and Restated Dealer Manager Agreement (this “Agreement”) entered into by and between FS Credit Real Estate Income Trust, Inc., a Maryland corporation (the “Company”), FS Real Estate Advisor, LLC, a Delaware limited liability company (the “Adviser”), and FS Investment Solutions, LLC (the “Dealer Manager”) amends, restates and replaces in full that certain Dealer Manager Agreement dated as of September 6, 2017 by and between the Company, the Adviser and the Dealer Manager.

SEVENTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT
Uncommitted Master Repurchase and Securities Contract Agreement • March 30th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

THIS SEVENTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT (this “Amendment”), dated as of April 23, 2021, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”) and FS CREIT FINANCE GS-1 LLC, a Delaware limited liability company, as seller (“Seller”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Master Repurchase Agreement (as defined below).

AMENDMENT NO. 1 TO GUARANTEE AGREEMENT
Guarantee Agreement • May 14th, 2018 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

AMENDMENT NO. 1 TO GUARANTEE AGREEMENT, dated as of April 26, 2018 (this “Amendment”), by and between FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

FIRST AMENDMENT TO GUARANTY
Guaranty • December 20th, 2023 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

FIRST AMENDMENT TO GUARANTY, dated as of December 14, 2023 (this “Amendment), is made by and between FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”), and NATIXIS, NEW YORK BRANCH (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Existing Agreement (as defined below).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • September 7th, 2017 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Delaware

THIS EXPENSE LIMITATION AGREEMENT (“Expense Limitation Agreement”) is made as of the 30th day of August, 2017 by and among FS Credit Real Estate Income Trust, Inc., a Maryland corporation (the “Company”), FS Real Estate Advisor, LLC, a Delaware limited liability company (the “Adviser”), and Rialto Capital Management LLC, a Delaware limited liability company (the “Sub-Adviser”).

MORTGAGE LOAN PURCHASE AND SALE AGREEMENT
Mortgage Loan Purchase and Sale Agreement • September 19th, 2017 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS MORTGAGE LOAN PURCHASE AND SALE AGREEMENT (the “Agreement”) is dated as of September 13, 2017, between RIALTO MORTGAGE FINANCE, LLC, a Delaware limited liability company, as seller (in such capacity, together with its successors and permitted assigns hereunder, “Seller”), and FS CREIT Originator LLC, a Delaware limited liability company, as buyer (in such capacity, together with its successors and permitted assigns hereunder, “Buyer”).

SECOND AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT
Uncommitted Master Repurchase and Securities Contract Agreement • March 21st, 2019 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT (this “Amendment”), dated as of February 20, 2019, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”), and FS CREIT FINANCE GS-1 LLC, a Delaware limited liability company, as seller (“Seller”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Master Repurchase Agreement (as defined below).

GUARANTEE AGREEMENT
Guarantee Agreement • February 1st, 2018 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS GUARANTEE AGREEMENT, dated as of January 26, 2018 (as amended, restated, supplemented, or otherwise modified from time to time, this “Guarantee”), made by FS CREDIT REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (“Guarantor”), in favor of GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”).

FOURTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND FIRST AMENDMENT TO FEE LETTER
Uncommitted Master Repurchase and Securities Contract Agreement • March 27th, 2020 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

THIS FOURTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND FIRST AMENDMENT TO FEE LETTER (this “Amendment”), dated as of February 18, 2020, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”) and FS CREIT FINANCE GS-1 LLC, a Delaware limited liability company, as seller (“Seller”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Master Repurchase Agreement (as defined below).

FS CREDIT REAL ESTATE INCOME TRUST, INC. Continuous Public Offering of Shares of Common Stock, $0.01 par value per share FORM OF SELECTED DEALER AGREEMENT Dated:
Selected Dealer Agreement • February 12th, 2021 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • Delaware

Subject to the terms described herein below, FS Investment Solutions, LLC, as the dealer manager (“Dealer Manager”) for FS Credit Real Estate Income Trust, Inc., a Maryland corporation (the “Company”), invites you (“Selected Dealer”) to participate in the distribution of shares of common stock of the Company, $0.01 par value per share, to be issued and sold to the public on a “best efforts” basis in any combination of Class D, Class M, Class I, Class T and Class S shares. The Class D, Class M, Class I, Class T and Class S shares will be sold at the offering prices as set forth in Section III hereof, which may be subject to change as set forth in the Registration Statement (defined below), which includes the Company’s prospectus, as amended or supplemented from time to time (the “Prospectus”). The term “Offered Shares” as used herein shall refer to any of the Class D, Class M, Class I, Class T and Class S shares permitted to be sold pursuant to the offering terms and conditions as set f

AMENDMENT NO. 1 TO CREDIT AGREEMENT
Credit Agreement • August 14th, 2023 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

WHEREAS, reference is hereby made to the Credit Agreement, dated as of August 1, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”, and the Credit Agreement, as amended by this Amendment, the “Amended Credit Agreement”), by and among the Borrower, the Guarantors from time to time party thereto, the Lenders from time to time party thereto, the Administrative Agent and the other parties thereto as agents and arrangers;

AutoNDA by SimpleDocs
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • December 30th, 2020 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

This Third Amendment to Loan and Security Agreement (this “Amendment”) is dated as of December 23, 2020 by and among FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“FS CREIT”), and FS CREIT FINANCE HOLDINGS LLC, a Delaware limited liability company (“Finance Holdings” and together with FS CREIT, each individually referred to hereinafter as a “Borrower” and collectively as the “Borrowers”), the Lenders (as defined below) party hereto, and CITY NATIONAL BANK, a national banking association, as administrative agent for the Lenders (in such capacity, “Agent”).

FOURTH AMENDMENT TO GUARANTY
Guaranty • December 20th, 2023 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS FOURTH AMENDMENT TO GUARANTY, dated as of December 14, 2023 (this “Amendment”), is entered into by and between FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”), and BARCLAYS BANK PLC, a public limited company organized under the laws of England and Wales (together with its successors and assigns, “Purchaser”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Guaranty (as defined below).

FOURTH AMENDMENT TO GUARANTEE AGREEMENT
Guarantee Agreement • March 30th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS FOURTH AMENDMENT TO GUARANTEE AGREEMENT (this “Amendment”), dated as of December 17, 2021 (the “Effective Date”), is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (together with its successors and assigns, “Buyer”) and FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation, as guarantor (“Guarantor”).

THIRD AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AGREEMENT
Uncommitted Master Repurchase and Securities Contract Agreement • March 27th, 2020 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

THIS THIRD AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND FIRST AMENDMENT TO GUARANTEE AGREEMENT (this “Amendment”), dated as of December 19, 2019, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”), FS CREIT FINANCE GS-1 LLC, a Delaware limited liability company, as seller (“Seller”) and FS CREDIT REAL ESTATE INVESTMENT TRUST, INC., a Maryland corporation (“Guarantor”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Master Repurchase Agreement (as defined below).

First Amendment to Amended and Restated Loan and Servicing Agreement
Loan and Servicing Agreement • May 15th, 2023 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

This First Amendment (the “Amendment”), dated as of January 5, 2023, by an among FS CREIT Finance MM-1 LLC (the “Borrower”), Massachusetts Mutual Life Insurance Company and C.M. Life Insurance Company (collectively, the “Initial Lenders” and each, an “Initial Lender”), the other Lenders party hereto, Massachusetts Mutual Life Insurance Company, as the Facility Servicer (the “Facility Servicer”), FS MM-1 LLC, as the Portfolio Asset Servicer (the “Portfolio Asset Servicer”), and, to the extent set forth herein, FS CREIT Finance Holdings LLC, which amends that certain Amended and Restated Loan and Servicing Agreement dated as of April 27, 2022 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan and Servicing Agreement”), by and among the Borrower, the Lenders, Wells Fargo Bank, National Association, as the Administrative Agent and the Collateral Custodian (the “Administrative Agent”), the Facility Servicer, the Portfolio Asset Servicer and the other part

AMENDMENT NO. 7 TO MASTER REPURCHASE AND SECURITIES CONTRACT
Master Repurchase and Securities Contract • August 16th, 2021 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

AMENDMENT NO. 7 TO MASTER REPURCHASE AND SECURITIES CONTRACT, dated as of July 30, 2021 (this “Amendment”), between and among FS CREIT FINANCE WF-1 LLC, a Delaware limited liability company (“Seller”), FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

SIXTH AMENDMENT TO MASTER REPURCHASE AGREEMENT
Master Repurchase Agreement • June 9th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

WHEREAS, Purchaser and Seller are parties to that certain Master Repurchase Agreement, dated as of February 22, 2021, as amended by the First Amendment to Master Repurchase Agreement, dated as of May 20, 2021, as further amended by the Second Amendment to Fee Letter and Second Amendment to Repurchase Agreement, dated as of August 5, 2021, as further amended by the Third Amendment to Master Repurchase Agreement, dated as of October 7, 2021, as further amended by the Fourth Amendment to Master Repurchase Agreement, dated as of January 18, 2022, and as further amended by the Fifth Amendment to Master Repurchase Agreement, dated February 16, 2022 (the “Existing Repurchase Agreement” and, as amended by this Amendment, and as hereafter further amended, modified, restated, replaced, waived, substituted, supplemented or extended from time to time, the “Master Repurchase Agreement”); and

AMENDMENT NO. 4 TO GUARANTEE AGREEMENT
Guarantee Agreement • August 16th, 2021 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

WHEREAS, FS CREIT Finance WF-1 LLC, a Delaware limited liability company (“Seller”) and Buyer are parties to that certain Master Repurchase and Securities Contract, dated as of August 30, 2017 (as amended by (i) Amendment No. 1 to Master Repurchase and Securities Contract, dated as of April 26, 2018, by and among Seller, Guarantor and Buyer, (ii) Amendment No. 2 to Master Repurchase and Securities Contract, dated of July 24, 2018, between and among Seller, Buyer and Guarantor, (iii) Amendment No. 3 to Master Repurchase and Securities Contract, dated as of November 30, 2018, between and among Seller, Buyer and Guarantor, (iv) Amendment No. 4 to Master Repurchase and Securities Contract, dated as of August 1, 2019, between and among Seller, Buyer and Guarantor, (v) Amendment No. 5 to Master Repurchase and Securities Contract, dated as of August 29, 2019, between and among Seller, Buyer and Guarantor, (vi) Amendment No. 6 to Master Repurchase and Securities Contract, dated as of August 27

TWELFTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND SIXTH AMENDMENT TO GUARANTEE AGREEMENT
Uncommitted Master Repurchase and Securities Contract Agreement • March 22nd, 2023 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

THIS TWELFTH AMENDMENT TO UNCOMMITTED MASTER REPURCHASE AND SECURITIES CONTRACT AGREEMENT AND SIXTH AMENDMENT TO GUARANTEE AGREEMENT (this “Amendment”), dated as of March 17, 2023, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”) and FS CREIT FINANCE GS-1 LLC, a Delaware limited liability company, as seller (“Seller”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Master Repurchase Agreement (as defined below).

SECOND AMENDMENT TO GUARANTY
Guaranty • June 9th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO GUARANTY, dated as of June 7, 2022 (this “Amendment”), is entered into by and between FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”), and BARCLAYS BANK PLC, a public limited company organized under the laws of England and Wales (together with its successors and assigns, “Purchaser”). Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Guaranty (as defined below).

SECOND AMENDMENT TO GUARANTEE AGREEMENT
Guarantee Agreement • August 7th, 2020 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO GUARANTEE AGREEMENT (this “Amendment”), dated as of August 3, 2020 and effective as of March 31, 2020, is by and between GOLDMAN SACHS BANK USA, a New York state-chartered bank, as buyer (“Buyer”) and FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation, as guarantor (“Guarantor”).

Second Amendment to Loan and Servicing Agreement
Loan and Servicing Agreement • March 7th, 2022 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts

This Second Amendment (the “Amendment”), dated as of March 4, 2022, by and among FS CREIT Finance MM-1 LLC (the “Borrower”), Massachusetts Mutual Life Insurance Company and C.M. Life Insurance Company (collectively, the “Initial Lenders” and each, an “Initial Lender”), the other Lenders party hereto, Massachusetts Mutual Life Insurance Company, as the Facility Servicer (the “Facility Servicer”), FS MM-1 LLC, as the Portfolio Asset Servicer (the “Portfolio Asset Servicer”), and, to the extent set forth herein, FS CREIT Finance Holdings LLC, which amends that certain Loan and Servicing Agreement dated as of September 20, 2021 (as amended by that certain First Amendment to Loan and Servicing Agreement, dated as of February 23, 2002, and as further amended, restated, supplemented or otherwise modified from time to time, the “Loan and Servicing Agreement”), by and among the Borrower, the Lenders, Wells Fargo Bank, National Association, as the Administrative Agent and the Collateral Custodia

AMENDMENT NO. 3 TO MASTER REPURCHASE AND SECURITIES CONTRACT
Master Repurchase and Securities Contract • March 21st, 2019 • FS Credit Real Estate Income Trust, Inc. • Real estate investment trusts • New York

AMENDMENT NO. 3 TO MASTER REPURCHASE AND SECURITIES CONTRACT, dated as of November 30, 2018 (this “Amendment”), between and among FS CREIT FINANCE WF-1 LLC, a Delaware limited liability company (“Seller”), FS CREDIT REAL ESTATE INCOME TRUST, INC., a Maryland corporation (“Guarantor”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Buyer”). Capitalized terms used but not otherwise defined herein shall have the meanings given to them in the Repurchase Agreement (as defined below).

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!