First Real Estate Investment Trust of New Jersey Sample Contracts

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FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. and Computershare Trust Company, N.A. as Rights Agent Stockholder Rights Agreement Dated as of July 31, 2023
Stockholder Rights Agreement • August 3rd, 2023 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • Delaware

Agreement, dated as of July 31, 2023, between First Real Estate Investment Trust of New Jersey, Inc., a Maryland corporation (the “Company”), and Computershare Trust Company, N.A., a federally chartered Trust Company (the “Rights Agent”).

INDEMNIFICATION AGREEMENT
Indemnification Agreement • March 26th, 2021 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • Maryland

This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of ______, 2021(the “Effective Date”), by and between First Real Estate Investment Trust of New Jersey, Inc., a Maryland corporation (the “Company”), and _______________ (“Indemnitee”).

PLEDGE AND SECURITY AGREEMENT
Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS AGREEMENT made as of the 19th day of July 2005, by and between Allan Tubin, having an address of 142 Windsor Road (hereinafter the “Pledgor”), and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, having an office located at 505 Main Street, Hackensack, New Jersey 07601 (hereinafter the “FREIT” or “Pledgee”).

PLEDGE AND SECURITY AGREEMENT
Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS AGREEMENT made as of the 31st day of October 2006, by and between Christopher P. Bell, having an address at 326 First Street (hereinafter the “Pledgor”), and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, having an office located at 505 Main Street, Hackensack, New Jersey 07601 (hereinafter the “FREIT” or “Pledgee”).

AGREEMENT AND PLAN OF MERGER
Merger Agreement • March 26th, 2021 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • Maryland

This Agreement and Plan of Merger (this “Agreement”), dated as of March 26, 2021, is by and between First Real Estate Investment Trust of New Jersey, a New Jersey trust (“FREIT”), and First Real Estate Investment Trust of New Jersey, Inc., a Maryland corporation and a wholly-owned subsidiary of FREIT (“FREIT Maryland”).

LINE OF CREDIT NOTE ------------------- June 20 , 2002
Line of Credit Note • September 13th, 2002 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts
CLOSING AGREEMENT
Closing Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS CLOSING AGREEMENT (this “Agreement”), is effective as of January 7, 2022 (the “Effective Date”), by and among WestFREIT Corp. (“Westridge Owner”), Damascus Centre, LLC (“Damascus Owner”), and Grande Rotunda, LLC (“Rotunda Owner”; each also individually and collectively “Seller”; and MCB Acquisition Company LLC (“MCB”), MCB Westridge LLC (“MCB Westridge”), MCB Damascus LLC (“MCB Damascus”), and MCB Rotunda Owner LLC (“MCB Rotunda”; also individually and collectively, “Purchaser”).

AMENDMENT TO PROMISSORY NOTE
Promissory Note and Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS AMENDMENT to Promissory Note and Pledge and Security Agreement made as of the 30 day of April, 2008, by and between David Hekemian, (hereinafter the “Borrower” or “Pledgor”) and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, (hereinafter the “FREIT” or “Pledgee”).

stock Option Agreement under the FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY Equity Incentive Plan
Stock Option Agreement • February 17th, 2015 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS STOCK OPTION AGREEMENT (this “Agreement”) is made as of the 4th day of September, 2014, between First Real Estate Investment Trust of New Jersey (the “Trust”) and __________ (the “Optionee”). Capitalized terms used herein that are not otherwise defined shall have the meanings given to them in the First Real Estate Investment Trust of New Jersey Equity Incentive Plan, as amended (the “Plan”).

PURCHASE AND SALE AGREEMENT BETWEEN EACH PARTY LISTED AS A “SELLER” ON SCHEDULE I AS SELLERS AND SINATRA PROPERTIES LLC AS PURCHASER
Purchase and Sale Agreement • January 15th, 2020 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the 14th day of January, 2020 (the “Effective Date”), by and among each party listed as a “Seller” on Schedule I attached hereto, each having a principal address at c/o First Real Estate Investment Trust of New Jersey, 505 Main Street, Hackensack, New Jersey 07601 (each, a “Seller”; and, collectively, “Sellers”) and Sinatra Properties LLC, a Delaware limited liability company, having a principal address at c/o Kushner Companies, 666 Fifth Avenue, 15th Floor, New York, New York 10103 (“Purchaser”).

AGENCY AGREEMENT
Agency Agreement • June 9th, 2010 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

This Agency Agreement made as of this 10th day of November, 2009 by and between GRANDE ROTUNDA, LLC (hereinafter referred to as the “Owner”) and HEKEMIAN DEVELOPMENT RESOURCES, LLC (hereinafter the “Agent”) both having an address at 505 Main Street, Hackensack, New Jersey 07601.

INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

This Indemnification Agreement (“the Agreement”) dated as of February 8, 2008 made by and between First Real Estate Investment Trust of New Jersey, a New Jersey real estate business trust (hereinafter “FREIT”), and Rotunda 100, LLC, a New Jersey limited liability company (hereinafter “Rotunda 100”).

THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”), is effective as of December 28, 2021 (the “Effective Date”), by and among WestFREIT Corp., a Maryland corporation (“Westridge Owner”), Damascus Centre, LLC, a New Jersey limited liability company (“Damascus Owner”), and Grande Rotunda, LLC, a Maryland limited liability company (“Rotunda Owner”; each also individually “Seller,” and collectively, “Seller”); and MCB Acquisition Company LLC, a Maryland limited liability company (“Purchaser”).

AMENDMENT TO PROMISSORY NOTE -AND- PLEDGE AND SECURITY AGREEMENT
Promissory Note and Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS AMENDMENT to Promissory Note and Pledge and Security Agreement made as of the 30 day of April, 2008, by and between Christopher Bell, (hereinafter the “Borrower” or “Pledgor”) and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, (hereinafter the “FREIT” or “Pledgee”).

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • March 2nd, 2020 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made as of February 28, 2020 by and among FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, a New Jersey real estate investment trust, BERDAN COURT, LLC, a Delaware limited liability company, PIERRE TOWERS, LLC, a New Jersey limited liability company, FREIT REGENCY, LLC, a New Jersey limited liability company, STATION PLACE ON MONMOUTH LLC, a New Jersey limited liability company, WESTWOOD HILLS, L.L.C., a New Jersey limited liability company (each of the foregoing, including the Pierre Property Seller, a “Seller”; and, collectively, “Sellers”) and SINATRA PROPERTIES LLC, a Delaware limited liability company (“Purchaser”).

FIRST AMENDMENT TO MANAGEMENT AGREEMENT
Management Agreement • January 15th, 2020 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (this “Amendment”) is made as of January 14, 2020 by and between FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, a New Jersey trust (the “Trust”), and Hekemian & Company, Inc., a New Jersey corporation (the “Agent”),

AMENDMENT TO PROMISSORY NOTE -AND- PLEDGE AND SECURITY AGREEMENT
Promissory Note and Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS AMENDMENT to Promissory Note and Pledge and Security Agreement made as of the 30 day of April, 2008, by and between Bryan Hekemian, (hereinafter the “Borrower” or “Pledgor”) and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, (hereinafter the “FREIT” or “Pledgee”).

SECOND AMENDMENT TO MANAGEMENT AGREEMENT
Management Agreement • March 16th, 2023 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

WHEREAS, First Real Estate Investment Trust of New Jersey (the predecessor of the Trust which was merged with and into the Trust on July 1, 2021) and the Agent previously entered into that certain Management Agreement dated as of November 1, 2001 (the “Original Management Agreement”; the Original Management Agreement as amended by the First Amendment (as hereinbelow defined) to the Original Management Agreement and as amended hereby, the “Management Agreement”; capitalized terms in this Amendment, to the extent not defined herein, shall have the same meaning as in the Original Management Agreement) pursuant to which the Trust engaged the Agent to provide certain assistance and services in connection with the management and operation of real property owned directly or indirectly, in whole or in part, by the Trust in accordance with the terms thereof;

Contract
Lease Agreement • December 24th, 2015 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

HACKENSACK, NJ, December 24, 2015 – First Real Estate Investment Trust of New Jersey (“FREIT”) owns a 63,932 square foot store in Patchogue, New York that is leased to Pathmark, a subsidiary of the Great Atlantic & Pacific Tea Company (“A&P”), and operated as a Pathmark Super Store. FREIT was notified by A&P on December 23, 2015 that this lease will be rejected as of December 31, 2015 as a result of A&P’s filing for protection under Chapter 11 of the bankruptcy code.

PURCHASE AND SALE AGREEMENT among WestFREIT Corp., a Maryland corporation Damascus Centre, LLC, a New Jersey limited liability company and Grande Rotunda, LLC, a Maryland limited liability company and MCB Acquisition Company LLC, a Maryland limited...
Purchase and Sale Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • Maryland

This PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and entered into this ___ day of November, 2021 (the “Effective Date”), by and among WestFREIT Corp., a Maryland corporation (“Westridge Owner”), Damascus Centre, LLC, a New Jersey limited liability company (“Damascus Owner”), and Grande Rotunda, LLC, a Maryland limited liability company (“Rotunda Owner”; each also individually “Seller,” and collectively, “Seller”), having an address at c/o Hekemian & Co., Inc., 505 Main Street, P.O. Box 667, Hackensack, NJ 07602; and MCB ACQUISITION COMPANY LLC, a Maryland limited liability company, having an address at 2701 N. Charles Street, Suite 404, Baltimore, Maryland 21218 (“Purchaser”, which term shall also be deemed to include its permissible successors, assigns and designees), and, solely for purposes of Section 10.1(b), First Real Estate Investment Trust of New Jersey, Inc., a Maryland corporation (“Guarantor”), each having an address at c/o Hekemian & Co., Inc., 505 Main Street, P

AMENDMENT TO PROMISSORY NOTE -AND- PLEDGE AND SECURITY AGREEMENT
Promissory Note and Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS AMENDMENT to Promissory Note and Pledge and Security Agreement made as of the 30 day of April, 2008, by and between Allan Tubin, (hereinafter the “Borrower” or “Pledgor”) and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, (hereinafter the “FREIT” or “Pledgee”).

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INDEMNIFICATION AGREEMENT
Indemnification Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

This Indemnification Agreement (“the Agreement”) dated as of February 8, 2008 made by and between First Real Estate Investment Trust of New Jersey, a New Jersey real estate business trust (hereinafter “FREIT”), and Damascus 100, LLC, a New Jersey limited liability company (hereinafter “Damascus 100”).

PROPERTY MANAGEMENT AGREEMENT
Property Management Agreement • January 29th, 2021 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS PROPERTY MANAGEMENT AGREEMENT, made as of the 28th day of February, 2020 (the “Effective Date”), between PIERRE TOWERS LLC, a New Jersey limited liability company, and S AND A COMMERCIAL ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership, as tenants in common (collectively, the “OWNER”), having its principal office c/o First Real Estate Investment Trust of New Jersey, 505 Main Street, Hackensack, New Jersey 07601, and HEKEMIAN & CO., INC., a New Jersey corporation (the “PROPERTY MANAGER”), having its principal office at 5050 Main Street, Hackensack, New Jersey 07601.

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”), is made as of the 22nd day of December, 2021, by and by and among WestFREIT Corp., a Maryland corporation (“Westridge Owner”), Damascus Centre, LLC, a New Jersey limited liability company (“Damascus Owner”), and Grande Rotunda, LLC, a Maryland limited liability company (“Rotunda Owner”; each also individually “Seller,” and collectively, “Seller”), and MCB Acquisition Company LLC, a Maryland limited liability company (“Purchaser”, which term shall also be deemed to include its permissible successors, assigns and designees).

Contract
Loan Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

LOAN AGREEMENT dated as of October 27, 2017 (together with all extensions, renewals, modifications, substitutions and amendments thereof, this "Agreement"), between FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, a real estate investment trust formed and existing under the laws of the State of New Jersey, having an address at 505 Main Street, P.O. Box 667, Hackensack, New Jersey 07602 (the "Borrower"), and PROVIDENT BANK, having an office at 100 Wood Avenue South, P.O. Box 1001, Iselin, New Jersey 08830-1001 (the "Bank").

AGENCY AGREEMENT
Agency Agreement • September 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

This Agency Agreement made as of this 13th day of August, 2008 by and between DAMASCUS CENTER, LLC (hereinafter referred to as the “Owner”) and HEKEMIAN DEVELOPMENT RESOURCES, LLC (hereinafter the “Agent”) both having an address at 505 Main Street, Hackensack, New Jersey 07601;

AMENDMENT NO. 1 TO AGENCY AGREEMENT
Agency Agreement • January 14th, 2014 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

This Amendment No. 1 to Agency Agreement (this “Amendment”) is made as of the 24th day of July, 2012 by and between Grande Rotunda, LLC (the “Owner”) and Hekemian Development Resources, LLC (the “Agent”), each with an address at 505 Main Street, Hackensack, New Jersey 07601. Capitalized terms used herein that are not otherwise defined shall have the meaning given to them in the Agreement (as hereafter defined).

SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”), is made as of the 23rd day of December, 2021, by and by and among WestFREIT Corp., a Maryland corporation (“Westridge Owner”), Damascus Centre, LLC, a New Jersey limited liability company (“Damascus Owner”), and Grande Rotunda, LLC, a Maryland limited liability company (“Rotunda Owner”; each also individually “Seller,” and collectively, “Seller”), and MCB Acquisition Company LLC, a Maryland limited liability company (“Purchaser”, which term shall also be deemed to include its permissible successors, assigns and designees).

REPLACEMENT LINE OF CREDIT NOTE
Replacement Line of Credit Note • January 14th, 2010 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

On January 31, 2008, (the “Maturity Date”), for value received, FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, a business trust organized in the State of New Jersey, (the “Borrower”) promises to pay to the order of THE PROVIDENT BANK (the “Bank”) at the office of the Bank located at 830 Bergen Avenue, Jersey City, New Jersey, or at such other place as the holder hereof may from time to time appoint in writing, in lawful money of the United States of America in immediately available funds, the principal sum of Eighteen Million and 00/100 ($18,000,000.00) Dollars (the “Line of Credit”)or such lesser amount as may then be the aggregate unpaid principal balance of all loans made by the Bank to the Borrower hereunder (each, a “Loan” and collectively, the “Loans”) as shown on the schedule attached to and made a part of this Note or as maintained on the records of the Bank.

CLOSING AND ESCROW AGREEMENT
Closing and Escrow Agreement • January 28th, 2022 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS CLOSING AND ESCROW AGREEMENT (this “Agreement”), is effective as of December 30, 2021 (the “Effective Date”), by and among WestFREIT Corp. (“Westridge Owner”), Damascus Centre, LLC (“Damascus Owner”), and Grande Rotunda, LLC (“Rotunda Owner”; each also individually and collectively “Seller”; and MCB Acquisition Company LLC (“Purchaser”).

MANAGEMENT AGREEMENT
Management Agreement • January 14th, 2010 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts • New Jersey

THIS AGREEMENT, made and entered into as of the 1st day of November 2001, by and between FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, A NEW JERSEY BUSINESS TRUST, (the “Trust”), having an address at 505 Main Street, Hackensack, NJ (07601), and Hekemian & Company, Inc., a New Jersey corporation, having its principal offices located at 505 Main Street, Hackensack, NJ (07601) (the “Agent”).

AMENDMENT TO PROMISSORY NOTE -AND- PLEDGE AND SECURITY AGREEMENT
Promissory Note and Pledge and Security Agreement • June 9th, 2008 • First Real Estate Investment Trust of New Jersey • Real estate investment trusts

THIS AMENDMENT to Promissory Note and Pledge and Security Agreement made as of the 30 day of April, 2008, by and between Robert S. Hekemian, Jr., (hereinafter the “Borrower” or “Pledgor”) and FIRST REAL ESTATE INVESTMENT TRUST of NEW JERSEY, its successors and/or assigns, (hereinafter the “FREIT” or “Pledgee”).

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