FORM OF) AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF REDWOOD MORTGAGE INVESTORS IX, LLC a Delaware Limited Liability CompanyLimited Liability Company Operating Agreement • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate • Delaware
THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) of REDWOOD MORTGAGE INVESTORS IX, LLC (the “Company”) is made and entered into as of the ___ day of ________, 2009 , by and among GYMNO CORPORATION, a California corporation and REDWOOD MORTGAGE CORP., a California corporation (each, a “Manager” and collectively, the “Managers”), the Initial Member and the Persons listed on Schedule A attached hereto, as may be amended, modified or supplemented from time to time (the “Members”). This Agreement amends and restates in its entirety all prior limited liability company operating agreement of the Company.
CONSTRUCTION DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILINGAgreement and Fixture Filing • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate • California
THIS CONSTRUCTION DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this "Deed of Trust") is made as of ______________, 20___, by _________________________________________, whose address is ___________________________________________________________, (herein "Trustor"), to PLM LENDER SERVICES, INC., a California corporation, whose address is 46 N. Second Street, Campbell, California 95008, (herein "Trustee"), in favor of REDWOOD MORTGAGE INVESTORS IX, LLC a Delaware limited liability company, whose address is 900 Veterans Blvd., Suite #500, Redwood City, California 94063-1743 (herein "Beneficiary").
PROMISSORY NOTERedwood Mortgage Investors IX • March 17th, 2009 • Real estate • California
FOR VALUABLE CONSIDERATION, __________________________, (herein "Maker"), hereby promises to pay to REDWOOD MORTGAGE INVESTORS IX, LLC a Delaware limited liability company, or order (herein "Payee"), at the address set forth below, or at such other address as the holder hereof may from time to time designate, the sum of ___________________________ ($_______________), with interest on the unpaid balance of the principal sum disbursed by Payee to or for the account of Maker at the interest rate specified below.
SUBSCRIPTION AGREEMENT AND POWER OF ATTORNEY REDWOOD MORTGAGE INVESTORS IX, LLC A DELAWARE LIMITED LIABILITY COMPANYSubscription Agreement and Power of Attorney • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate
The undersigned hereby applies to purchase units in REDWOOD MORTGAGE INVESTORS IX, LLC (the “company”) in accordance with the terms and conditions of the limited liability company operating agreement attached as Exhibit A to the prospectus dated _______________.
NOTE SECURED BY DEED OF TRUSTRedwood Mortgage Investors IX • March 17th, 2009 • Real estate
187,500,000 Units of Limited Liability Company Interests ($1 per Unit) REDWOOD MORTGAGE INVESTORS IX, LLC ADVISORY AGREEMENTAdvisory Agreement • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate • Delaware
Redwood Mortgage Corp., a California corporation, and Gymno Corporation, a California corporation, are the Managers of Redwood Mortgage Investor IX, LLC, a Delaware limited liability company (the “Company”) engaged in business as a mortgage lender. The Managers, on behalf of the Company, propose to offer and sell to qualified investors, upon the terms and subject to the conditions set forth in the Prospectus dated ___________, 2008 (the “Prospectus”), units of limited liability company interests (“Units”) of the Company at an offering price of $1 per Unit, with a minimum investment of two thousand (2,000) Units per purchaser for initial investments and one thousand (1,000) Units for additional investments by existing members. The offering is for a maximum of 187,500,000 Units ($187,500,000), including 37,500,000 Units ($37,500,000) issuable pursuant to the Company’s Distribution Reinvestment Plan.
LOAN SERVICING AGREEMENT AND AUTHORIZATION TO COLLECTLoan Servicing Agreement • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate
This Agreement is entered into as of the date set forth below by and between Redwood Mortgage Corp., a California corporation (“Broker”) and the undersigned beneficiary (“Beneficiary”) for the purpose of establishing the terms, conditions and authority for the servicing of a loan evidenced by a promissory note (the “Note”) and deed of trust (the “Deed of Trust”), described as follows:
AGREEMENT TO SEEK A LENDER (Agency Agreement)Redwood Mortgage Investors IX • March 17th, 2009 • Real estate
187,500,000 Units of Limited Liability Company Interests ($1 per Unit) REDWOOD MORTGAGE INVESTORS IX, LLC PARTICIPATING BROKER DEALER AGREEMENTBroker Dealer Agreement • March 17th, 2009 • Redwood Mortgage Investors IX • Real estate • Delaware
Redwood Mortgage Corp., a California corporation, and Gymno Corporation, a California corporation, are the Managers of Redwood Mortgage Investors IX, LLC, a Delaware limited liability company (the “Company”) engaged in business as a mortgage lender. The Company will loan Redwood Mortgage Corp., a California corporation, funds (the “Formation Loan”) out of which Redwood Mortgage Corp. will pay sales commissions under this Agreement. The Managers, on behalf of the Company, propose to offer and sell to qualified investors, upon the terms and subject to the conditions set forth in the Prospectus dated ___________, 2008 (the “Prospectus”), units of limited liability company interests (“Units”) of the Company at an offering price of $1 per Unit, with a minimum investment of two thousand (2,000) Units per purchaser for initial investments and one thousand (1,000) Units for additional investments by existing members. The offering is for a maximum of 187,500,000 Units ($187,500,000), including
RECORDING REQUESTED BYRedwood Mortgage Investors IX • March 17th, 2009 • Real estate
Trustor also assigns to Beneficiary all rents, issues and profits of said realty reserving the right to collect and use the same except during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and enforce the same by any lawful means in the name of any party hereto.
