LOAN AGREEMENT Dated as of October 4, 2016 Between TREEMONT CAPITAL PARTNERS III, LP, as Borrower and STARWOOD MORTGAGE CAPITAL LLC, as LenderLoan Agreement • March 25th, 2020 • Lodging Fund REIT III, Inc. • Real estate investment trusts
CONTRIBUTION AGREEMENT by and between CS Real Estate Holding LLCContribution Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • New York
MANAGEMENT AGREEMENT BY AND BETWEEN LF3 CHARLOTTE TRS, LLC AND HP Hotel Management, Inc.Management Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
THIS AGREEMENT, is made on August 25, 2022, to be effective as of the “Effective Date”, as that term is defined below, by and between LF3 Charlotte TRS, LLC, a Delaware limited liability company, (“Owner”), having a registered office at 1635- 43rd St. South, Suite 205, Fargo, ND 58103, and HP Hotel Management, Inc., (the “Operator”) or its assignee, having its principal offices at 2111 Parkway Office Circle, Suite 250, Hoover, AL 35244.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • August 8th, 2019 • Lodging Fund REIT III, Inc. • New York
ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) made as of , 2019 by NORMAN H. LESLIE, an individual (“Sponsor”), LF3 PINEVILLE, LLC, a Delaware limited liability company (“Pineville Borrower”) and LF3 PINEVILLE TRS, LLC, a Delaware limited liability company (“Pineville TRS Borrower”; and together with Pineville Borrower, collectively, “Borrower”, and, collectively with Sponsor, jointly and severally, the “Indemnitor”), in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE, ON BEHALF OF THE REGISTERED HOLDERS OF GS MORTGAGE SECURITIES CORPORATION II, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2014-GC22 (together with its successors and assigns under the Loan Agreement (as defined below), the “Lender”) and the other Indemnified Parties (as defined below).
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "***" has been omitted due to text len_g_th limitations.Lodging Fund REIT III, Inc. • March 27th, 2024 • Real estate investment trusts
Loan Agreement betweenLoan Agreement • August 11th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Colorado
Continuing GuarantyContinuing Guaranty • August 11th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This Continuing Guaranty (this “Guaranty”), dated as of August 3, 2022 (the “Effective Date”), is made by Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Guarantor”) in favor of Legendary A-1 Bonds, LLC, a Delaware limited liability company (“Lender”).
LOAN AGREEMENTLoan Agreement • March 25th, 2020 • Lodging Fund REIT III, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT (as it may be amended, restated, supplemented, extended or renewed from time to time, this “Agreement”) is made as of February 21, 2020, between WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”), and LF3 SOUTHAVEN, LLC, a Delaware limited liability company (“Landlord Borrower”) and LF3 SOUTHAVEN TRS, LLC, a Delaware limited liability company (“Tenant Borrower”, and together with Landlord Borrower, individually and/or collectively, as the context may require, “Borrower”).
Prepared By and Return To:Lodging Fund REIT III, Inc. • March 27th, 2024 • Real estate investment trusts
SECURITY AGREEMENTSecurity Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
This SECURITY AGREEMENT (the “Agreement”) is made as of August 25, 2022, by LF3 PINEVILLE 2, LLC, a Delaware limited liability company, and LF3 PINEVILLE 2 TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, the “Debtor”), for the benefit of WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), as the secured party.
Environmental Indemnity AgreementEnvironmental Indemnity Agreement • August 11th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Colorado
This Environmental Indemnity Agreement (this “Agreement”), dated as of August 3, 2022 (the “Effective Date”), is made, by LF3 RIFC, LLC, a Delaware limited liability company and LF3 RIFC TRS, LLC, a Delaware limited liability company (collectively, “Borrower”) and Lodging Fund REIT III OP, LP, a Delaware limited partnership (“Guarantor” and collectively with Borrower, “Indemnitor”) in favor of Legendary A-1 Bonds, LLC, a Delaware limited liability company (“Lender”).
GUARANTYGuaranty • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
This GUARANTY (the “Guaranty”) is made as of August 25, 2022, by LODGING FUND REIT III OP, LP, a Delaware limited partnership (“Guarantor”), to and for the benefit of WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”).
TO THE AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF LODGING FUND REIT III OP, LPLodging Fund REIT III, Inc. • March 27th, 2024 • Real estate investment trusts
This Ninth Amendment (this “Amendment”) to the Amended and Restated Limited Partnership Agreement (the “Partnership Agreement”) of Lodging Fund REIT III OP, LP (the “Partnership”) dated June 15, 2020, as amended by First Amendment to the Amended and Restated Limited Partnership Agreement dated February 4, 2020, as amended by Second Amendment to the Amended and Restated Limited Partnership Agreement dated May 12, 2021, as amended by Third Amendment to the Amended and Restated Limited Partnership Agreement dated August 3, 2021, as amended by Fourth Amendment to the Amended and Restated Limited Partnership Agreement dated December 3, 2021, as amended by the Fifth Amendment to the Amended and Restated Limited Partnership Agreement dated January 18, 2022, as amended by the Sixth Amendment to the Amended and Restated Limited Partnership Agreement dated February 8, 2022, as amended by the Seventh Amendment to the Amended and Restated Limited Partnership Agreement dated March 29, 2022, as amen
AMENDED AND RESTATED TERM LOAN NOTETerm Loan Note • November 12th, 2020 • Lodging Fund REIT III, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, LF3 SOUTHAVEN, LLC, a Delaware limited liability company and LF3 SOUTHAVEN TRS, LLC, a Delaware limited liability company (individually and collectively, “Borrower”), promises to pay to the order of WELLS FARGO BANK, NATIONAL ASSOCIATION, and its successors and assigns (“Lender”), at 1808 Aston Avenue, Suite 250, Carlsbad, California 92008 (or such other place as may be designated by Lender), the principal sum stated above as the Note Amount, with interest thereon, on the dates and at the rates and upon the terms and conditions specified below. This Amended and Restated Term Loan Note (this “Note”) is the Note referred to in the Loan Agreement dated as of February 21, 2020, as affected by that certain Forbearance Agreement entered into as of April 22, 2020 to be effective as of May 1, 2020, and as amended pursuant to that certain First Amendment to Loan Agreement dated as of the date hereof, between Borrower and Lender (as it may be amended, restated, supplemented,
DLOC NOTEDloc Note • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, LF3 CHARLOTTE, LLC, a Delaware limited liability company, and LF3 CHARLOTTE TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, the “Borrower”), promise to pay to the order of WESTERN ALLIANCE BANK, an Arizona corporation, and its successors and assigns (“Lender”), the principal sum stated above as the Note Amount, or so much thereof as may have been advanced by Lender, with interest thereon, on the dates and at the rates and upon the terms and conditions specified below. This DLOC Note (this “Note”) is the DLOC Note referred to in the Loan Agreement, dated the same date as this Note, between Borrower and Lender (as it may be amended, restated, supplemented, extended or renewed from time to time, the “Loan Agreement”) and is being executed and delivered pursuant thereto (the loan made pursuant to this Note and the Loan Agreement being referred to in this Note as the “Loan”). Capitalized terms used in this Note and no
CONTINUING GUARANTY, PAGE 1 4887-9740-7754.3 CONTINUING GUARANTY This Continuing Guaranty (this “Guaranty”), dated as of February 8, 2022 (the “Effective Date”), is made by LODGING FUND REIT III OP, LP, a Delaware limited partnership (the “Guarantor”)...Lodging Fund REIT III, Inc. • March 31st, 2022 • Real estate investment trusts
LIMITED CONSENT AND WAIVER AGREEMENTConsent and Waiver Agreement • March 31st, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
Re: Loan Agreement dated as of February 21, 2020 (as amended, modified, extended, restated, replaced or supplemented in writing from time to time, the "Loan Agreement") by and among LF3 SOUTHAVEN, LLC, a Delaware limited liability company ("Landlord Borrower") and LF3 SOUTHAVEN TRS, LLC, a Delaware limited liability company ("Tenant Borrower", and together with Landlord Borrower, individually and/or collectively, as the context may require, "Borrower").and Wells Fargo Bank, National Association, (the "Lender").
Ex 10.4Pledge and Security Agreement • April 2nd, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • New York
THIS PLEDGE AND SECURITY AGREEMENT, dated as of March 27, 2024, made by LODGING FUND REIT III OP, LP, a Delaware limited partnership (“Pledgor”), in favor of BLUEBIRD CREDIT EM LLC, a Delaware limited liability company (together with its successors and assigns, collectively, the “Lender”).
TERM LOAN NOTETerm Loan Note • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, LF3 PINEVILLE 2, LLC, a Delaware limited liability company, and LF3 PINEVILLE 2 TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, the “Borrower”), promise to pay to the order of WESTERN ALLIANCE BANK, an Arizona corporation, and its successors and assigns (“Lender”), the principal sum stated above as the Note Amount, or so much thereof as may have been advanced by Lender, with interest thereon, on the dates and at the rates and upon the terms and conditions specified below. This Term Loan Note (this “Note”) is the Term Note referred to in the Loan Agreement, dated the same date as this Note, between Borrower and Lender (as it may be amended, restated, supplemented, extended or renewed from time to time, the “Loan Agreement”) and is being executed and delivered pursuant thereto (the loan made pursuant to this Note and the Loan Agreement being referred to in this Note as the “Loan”). Capitalized terms used in this No
DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES, ASSIGNMENT OF RENTS, AND FINANCING STATEMENTLodging Fund REIT III, Inc. • August 11th, 2022 • Real estate investment trusts
THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES, ASSIGNMENT OF RENTS, AND FINANCING STATEMENT (as amended, modified or restated from time to time, this “Deed of Trust”) is made on the date stated below among the Grantor, Lender, and Trustee who are identified and whose addresses are stated below. By signing this Deed of Trust, Grantor agrees to the terms and conditions and makes the covenants stated in this Deed of Trust.
AMENDED & RESTATED CONTRIBUTION AGREEMENT by and between APF – Northbrook LLC a Delaware limited liability company and Lodging Fund REIT III OP, LP a Delaware limited partnership Dated as of December 3, 2021Contribution Agreement • March 31st, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts • New York
This Amended & Restated Contribution Agreement (this “Agreement”) is made and entered into as of December 3, 2021 (the “Effective Date”) by and between Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Operating Partnership”), and APF - Northbrook, LLC, an Illinois limited liability company (the “Contributor” which such term may also mean Contributor’s surviving member or controlling parent entity as context may require).
LOAN AGREEMENTLoan Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
THIS LOAN AGREEMENT (as it may be amended, restated, supplemented, extended or renewed from time to time, this “Agreement”) is made as of August 25, 2022, between WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), and LF3 PINEVILLE 2, LLC, a Delaware limited liability company and LF3 PINEVILLE 2 TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, the “Borrower”).
SIXTH AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • August 8th, 2019 • Lodging Fund REIT III, Inc. • North Carolina
THIS SIXTH AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Amendment”) is made and entered into as of this 19th day of December, 2018 (“Amendment Date”), by and between GNP GROUP OF PINEVILLE, LLC, a North Carolina limited liability company (“Seller”), and LODGING FUND REAL ESTATE INVESTMENT TRUST III, LLC, a Delaware limited partnership real estate investment trust (“Buyer”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This ENVIRONMENTAL INDEMNITY AGREEMENT (the “Agreement”) is dated as of August 25, 2022, and is made by LF3 PINEVILLE 2, LLC, a Delaware limited liability company, and LF3 PINEVILLE 2 TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, the “Borrower”); and LODGING FUND REIT III OP, LP, a Delaware limited partnership (“Guarantor”) (Borrower and Guarantor are individually and collectively referred to herein as the “Indemnitor”) for the benefit of WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”).
GUARANTYGuaranty • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
This GUARANTY (the “Guaranty”) is made as of August 25, 2022, by and among LF3 CHARLOTTE, LLC, a Delaware limited liability company, and LF3 CHARLOTTE TRS, LLC, a Delaware limited liability company (individually and collectively, jointly and severally, a “Guarantor”), to and for the benefit of WESTERN ALLIANCE BANK, an Arizona corporation, its successors and/or assigns (“Lender”).
AGREEMENT OF PURCHASE AND SALEAgreement of Purchase and Sale • November 13th, 2019 • Lodging Fund REIT III, Inc. • Real estate investment trusts
THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is made as of the Effective Date, by and between TREEMONT CAPITAL PARTNERS IV, LP, a Texas limited partnership (“Seller”), and Lodging Fund REIT III OP, LP a Delaware limited partnership with an address of 1635 43rd Street South, Suite 205, Fargo, North Dakota 58103 (“Purchaser”).
GUARANTYGuaranty • March 25th, 2020 • Lodging Fund REIT III, Inc. • Real estate investment trusts • New York
This GUARANTY (the “Guaranty”) is made as of February 21, 2020, by COREY R. MAPLE (“Guarantor”), to and for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION (“Lender”).
FIRST AMENDMENT TO THE AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF LODGING FUND REIT III OP, LPLimited Partnership Agreement • March 31st, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This First Amendment (this “Amendment”) to the Amended and Restated Limited Partnership Agreement (the “Partnership Agreement”) of Lodging Fund REIT III OP, LP (the “Partnership”) dated June 15, 2020 is adopted by Lodging Fund REIT III, Inc. (the “General Partner”), as the General Partner and on behalf of the Limited Partners to be effective as of February 4, 2021 (“Effective Date”). Capitalized terms used in this Amendment and not defined herein shall have the meanings ascribed to such terms in the Partnership Agreement.
ASSIGNMENT, CONSENT AND SUBORDINATION REGARDING MANAGEMENT AGREEMENTManagement Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
AGREEMENT (this “Assignment”) is dated as of August 25, 2022, by and among LF3 CHARLOTTE TRS, LLC, a Delaware limited liability company (“Assignor”), WESTERN ALLIANCE BANK, an Arizona corporation (“Lender”), and HP HOTEL MANAGEMENT, INC., an Alabama corporation (“Manager”).
SECOND AMENDMENT TO REVOLVING LINE OF CREDIT LOAN AGREEMENTCredit Loan Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO REVOLVING LINE OF CREDIT LOAN AGREEMENT (as such agreement may be amended, restated, replaced, supplemented or otherwise modified from time to time, this “Amendment”), dated as of January _12, 2023 (the “Amendment Effective Date”), is between LEGENDARY A-1 BONDS LLC, a Delaware limited liability company, having an address at 1635 43rd Street, Suite 205, Fargo, North Dakota 58103 (“Lender”), and LODGING FUND REIT III OP, LP, a Delaware limited partnership, having an address at 1635 43rd Street, Suite 205, Fargo, North Dakota 58103 (“Borrower”).
THIRD AMENDMENT TO CONTRIBUTION AGREEMENTContribution Agreement • May 16th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This THIRD AMENDMENT TO CONTRIBUTION AGREEMENT (this “Amendment”) is made as of the 29th day of April 2022 (the “Amendment Date”) by and among Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Operating Partnership”), and RLC-IV CYFC, LLC, a Colorado limited liability company (the “Contributor”).
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • March 27th, 2024 • Lodging Fund REIT III, Inc. • Real estate investment trusts
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
OPERATING LEASE SUBORDINATION AND ATTORNMENT AGREEMENTOperating Lease Subordination and Attornment Agreement • May 16th, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Arizona
THIS OPERATING LEASE SUBORDINATION AND ATTORNMENT AGREEMENT (this “Agreement”) is made and entered into as of May 13, 2022, by and among LF3 EL PASO AIRPORT TRS, LLC, a Delaware limited liability company, whose mailing address is 1635 43rd St. S., Suite 205, Fargo, ND 58103 (“Operating Lessee”), as grantor, LF3 EL PASO AIRPORT, LLC, a Delaware limited liability company, whose mailing address is 1635 43rd St. S., Suite 205, Fargo, ND 58103 (“Owner” and collectively, along with Operating Lessee, the “Borrower” or “Grantor”), as grantor, and WESTERN ALLIANCE BANK, an Arizona corporation, whose mailing address is One East Washington Street, 25th Floor, Phoenix, AZ 85004, Attention: Hotel Franchise Finance (“Lender” or “Grantee”), as grantee.
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT This FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (this “Amendment”) is made as of the 23rd day of February 2022 (the “Amendment Date”) by and among Lodging Fund REIT III OP, LP, a Delaware limited partnership...Contribution Agreement • March 31st, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
FOURTH AMENDMENT TO THE AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF LODGING FUND REIT III OP, LP This Fourth Amendment (this “Amendment”) to the Amended and Restated Limited Partnership Agreement (the “Partnership Agreement”) of Lodging Fund...Limited Partnership Agreement • March 31st, 2022 • Lodging Fund REIT III, Inc. • Real estate investment trusts
