UNCONDITIONAL AND CONTINUING GUARANTYUnconditional and Continuing Guaranty • September 25th, 2008 • NTS Mortgage Income Fund • Real estate investment trusts • Ohio
THIS UNCONDITIONAL AND CONTINUING GUARANTY (the “Guaranty”) is made this 1st day of September, 2008, by NTS GUARANTY CORPORATION, a Kentucky corporation, whose address for all purposes relevant to this Guaranty is 10172 Linn Station Road, Louisville, Kentucky 40223 (“Guarantor”) in favor of NATIONAL CITY BANK, a national banking association having an address at One East Fourth Street, Cincinnati, Ohio 45202 (the “Bank”).
SIXTH MORTGAGE LOAN MODIFICATION AGREEMENTSixth Mortgage Loan Modification Agreement • September 25th, 2008 • NTS Mortgage Income Fund • Real estate investment trusts • Ohio
THIS SIXTH MORTGAGE LOAN MODIFICATION AGREEMENT (the “Agreement”) is entered into as of the 1st day of September, 2008 by and among NATIONAL CITY BANK, a national banking association, successor by merger with The Provident Bank, One East Fourth Street, Cincinnati, Ohio 45202 (the “Lender”), NTS/VIRGINIA DEVELOPMENT COMPANY (“NTS/Virginia”), a Virginia corporation, and NTS/LAKE FOREST II RESIDENTIAL CORPORATION, a Kentucky corporation (“NTS/Lake Forest II”; NTS/Virginia and NTS/Lake Forest II are sometimes hereinafter collectively referred to as the “Borrowers”), ORLANDO LAKE FOREST JOINT VENTURE, a Florida joint venture “Orlando Lake Forest”), and NTS MORTGAGE INCOME FUND, a Delaware corporation (the “Guarantor”).
SIXTH AMENDED AND RESTATED PROMISSORY NOTE CONSTRUCTION MORTGAGE LOANNTS Mortgage Income Fund • September 25th, 2008 • Real estate investment trusts
WHEREAS, NTS/VIRGINIA DEVELOPMENT COMPANY (“NTS/Virginia”), a Virginia corporation, and NTS/LAKE FOREST II RESIDENTIAL CORPORATION, a Kentucky corporation (“NTS/Lake Forest II”; NTS/Virginia and NTS/Lake Forest II are sometimes hereinafter collectively referred to as the “Borrowers”) granted to NATIONAL CITY BANK, as successor by merger to The Provident Bank (“Bank”) a First Amended and Restated Revolving Promissory Note Construction Mortgage Loan in the maximum amount of available credit of Eighteen Million and 00/100 Dollars ($18,000,000.00) dated October 31, 2000 (“Revolving Note”), which Revolving Note consolidated two (2) prior Notes, the first in the original principal amount of $10,700,000 dated December 30, 1997 between Borrowers and Bank, and that certain Revolving Promissory Amended and Restated Note dated January 6, 1998, made by NTS/Lake Forest II payable to the order of Bank of Louisville in the original principal amount of $8,000,000, which Amended and Restated Note has b
