ADVISORY AGREEMENTAdvisory Agreement • November 28th, 2017 • Rw Holdings Student Housing Reit, Inc. • Maryland
THIS ADVISORY AGREEMENT, dated as of November __, 2017 (“Agreement”), is between and among RW HOLDINGS STUDENT HOUSING REIT, INC., a real estate investment trust organized under the laws of the State of Maryland (the “Company”) RW HOLDINGS STUDENT HOUSING REIT OPERATOR, LLC (the “Advisor”) and RICH UNCLES LLC (the “Sponsor”).
BRIX REIT, INC. Shares of Common Stock DEALER MANAGER AGREEMENTDealer Manager Agreement • June 1st, 2020 • BRIX REIT, Inc. • Real estate investment trusts • Utah
THIS AGREEMENT is entered into as of January 2, 2020 by and among BRIX REIT, Inc. (the “Company”) and North Capital Private Securities Corporation (“NCPS” or the “Dealer Manager”) in connection with the offering and sale by the Company of up to $36,682,800 of shares of common stock of the Company (the “Shares”), subject to increase at the option of the Company, to “qualified investors” as that term is defined in Regulation A promulgated under the Securities Act of 1933, as amended (the “Securities Act”), in a Regulation A+ Tier 2 Offering (the “Offering”). The Company desires for NCPS to act as its agent in connection with the Offering.
Loan AgreementLoan Agreement • October 31st, 2019 • BRIX REIT, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT is entered into on the above date between Pacific Mercantile Bank (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower(s) named above (jointly and severally, the “Borrower”), whose chief executive office is located at the above address (“Borrower’s Address”). The Schedule to this Agreement (the “Schedule”) shall for all purposes be deemed to be a part of this Agreement, and the same is an integral part of this Agreement. (Definitions of certain terms used in this Agreement are set forth in Section 8 below.) This Agreement amends, restates, replaces and supersedes, in their entirety, that certain Business Loan Agreement dated April 11, 2018 between Lender and Borrower and that certain Promissory Note dated February 20, 2018 by Borrower in favor of Lender (collectively, the “Prior Loan Agreement”). This Agreement does not constitute a novation of the Prior Loan Agreement but, rather, an amendment and continuation thereo
FORBEARANCE AGREEMENTForbearance Agreement • September 2nd, 2020 • BRIX REIT, Inc. • Real estate investment trusts • Texas
THIS FORBEARANCE AGREEMENT (“Agreement”) is made and entered into effective as of September 2, 2020 (“Effective Date”), by and among RU OLD DENTON ROAD FORT WORTH TX, LLC, a California limited liability company (“Borrower”), BRIX REIT, INC., a Maryland corporation (“Guarantor”), and NEXBANK, a Texas state bank (formerly known as NexBank SSB) (“Lender”).
termination OF ADVISORY agreementTermination of Advisory Agreement • October 31st, 2019 • BRIX REIT, Inc. • Real estate investment trusts • Maryland
THIS TERMINATION OF ADVISORY AGREEMENT (this “Agreement”) is made and entered into as of October 28, 2019, by and among (i) BRIX REIT, Inc., a real estate investment trust organized under the laws of the State of Maryland (f/k/a RW Holdings Student Housing REIT, Inc.) (the “Company”), (ii) Brix Student Housing Operator, LLC (f/k/a RW Holdings Student Housing REIT Operator, LLC), a Delaware limited liability company (the “Advisor”) and (iii) BrixInvest, LLC, a Delaware limited liability company (f/k/a Rich Uncles LLC) (the “Sponsor,” and together with the Company and the Advisor, the “Parties” and individually, each a “Party”). Capitalized terms used but not otherwise defined in this Agreement shall have the meanings assigned to them in the Advisory Agreement (as defined below).
Exhibit No. DescriptionExhibit Index • December 14th, 2018 • BRIX REIT, Inc. • Real estate investment trusts
ADVISORY AGREEMENTAdvisory Agreement • February 5th, 2020 • BRIX REIT, Inc. • Real estate investment trusts • Maryland
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this 31st day of January, 2020, by and between BRIX REIT, INC., a Maryland corporation (the “Company”), and modiv Advisors, LLC, a Delaware limited liability company (the “Advisor”), and is effective as of the 3rd day of February, 2020.
Fourth Amendment to Loan AgreementLoan Agreement • September 2nd, 2020 • BRIX REIT, Inc. • Real estate investment trusts
THIS FOURTH AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between Pacific Mercantile Bank (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.
SECOND LOAN MODIFICATION AGREEMENTLoan Modification Agreement • September 27th, 2021 • BRIX REIT, Inc. • Real estate investment trusts • Texas
THIS SECOND LOAN MODIFICATION AGREEMENT (“Agreement”) dated and deemed effective as of September 23, 2021 (the “Modification Date”), is entered into by and among RU OLD DENTON ROAD FORT WORTH TX, LLC, a California limited liability company (“Borrower”) and NEXBANK, a Texas state bank (formerly known as NexBank SSB, a Texas state savings bank) (“Lender”). Capitalized terms used herein without definition shall have the meanings provided in the Loan Agreement (as defined below).
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT FOR IMPROVED PROPERTY (24 HOUR FITNESS, 6500 OLD DENTON ROAD, FORT WORTH, TX)Assignment and Assumption of Purchase Agreement • June 17th, 2019 • BRIX REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT (this “Assignment”) is made as of May 13, 2019 (the “Effective Date”), by and between RICH UNCLES NNN OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Assignor”) and BRIX REIT, INC., a Maryland corporation (“Assignee”) based on the following facts, intentions and understandings:
Second Amendment to Loan AgreementLoan Agreement • October 31st, 2019 • BRIX REIT, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between Pacific Mercantile Bank (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.
First Amendment to Loan AgreementLoan Agreement • October 31st, 2019 • BRIX REIT, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between Pacific Mercantile Bank (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.
PURCHASE AND SALE AGREEMENT BY AND BETWEEN as Seller, and BRIX REIT, INC. as Buyer for THE STARBUCKS LOCATED AT 2700 ANDERSON AVE., MANHATTAN, KS 66502 Dated: August 20, 2019Purchase and Sale Agreement • October 31st, 2019 • BRIX REIT, Inc. • Real estate investment trusts • Kansas
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) dated for reference purposes only as of August 20, 2019, is by and between 2700 ANDERSON, LLC, a Kansas limited liability company (“Seller”), and BRIX REIT, INC., a Maryland corporation (“Buyer”) and is made based on following facts intentions and understandings:
Fifth Amendment to Loan AgreementLoan Agreement • September 27th, 2021 • BRIX REIT, Inc. • Real estate investment trusts
THIS FIFTH AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between PACIFIC MERCANTILE BANK (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.
Agreement – 24 Hour Club No. 688 Fort Worth Western CenterLease Amendment • September 24th, 2020 • BRIX REIT, Inc. • Real estate investment trusts
The landlord identified on Exhibit A (“Landlord”) and 24 Hour Fitness USA, Inc. (“Tenant”) are parties to a lease (as may have been previously amended, the “Lease”) for certain premises (the “Premises”) described on Exhibit A. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree to amend the Lease in accordance with the terms set forth in this Agreement (this “Agreement”) as follows:
24 HOUR FITNESS LEASE BETWEEN 24 HOUR FITNESS USA, INC. As Tenant and FORT WORTH FITNESS, L.P. As Landlord LOCATION: FORT WORTH, TEXAS DATEDLease Agreement • June 17th, 2019 • BRIX REIT, Inc. • Real estate investment trusts
THIS 24 HOUR FITNESS LEASE (the "Lease") dated _________,2006, is entered into by and between FORT WORTH FITNESS, L.P., a Nebraska limited partnership ("Landlord"), and 24 HOUR FITNESS USA, INC., a California corporation ("Tenant").
Exhibit No. DescriptionExhibit Index • December 18th, 2018 • BRIX REIT, Inc. • Real estate investment trusts
PURCHASE AGREEMENTPurchase Agreement • June 17th, 2019 • BRIX REIT, Inc. • Real estate investment trusts • Texas
THIS PURCHASE AGREEMENT (this “Agreement”), is made and entered into as of the date of the last signature shown on the signature page hereof (the “Effective Date”), by and between Rich Uncles NNN Operating Partnership, LP, a Delaware limited partnership (“Purchaser”) and Agree Fort Worth TX LLC, a Delaware limited liability company (“Seller”).
Third Amendment to Loan AgreementLoan Agreement • December 20th, 2019 • BRIX REIT, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO LOAN AGREEMENT (“Amendment”) is entered into between Pacific Mercantile Bank (“Lender”), whose address is 949 South Coast Drive, 3rd Floor, Costa Mesa, CA 92626, and the borrower named above (“Borrower”) whose chief executive office is located at the above address.
