0000950137-08-004809 Sample Contracts

LOAN AGREEMENT
Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • Arizona

THIS LOAN AGREEMENT (this “Agreement”) is made as of December 21, 2007 (the “Closing Date”), by and between GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), and SUMMIT HOSPITALITY V, LLC, a South Dakota limited liability company (“Borrower”).

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MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT
Note and Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT is made and entered into on November 28, 2007 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (“Borrower”), and ING LIFE INSURANCE AND ANNUITY COMPANY, a Connecticut corporation (“Lender”).

FOURTH AMENDMENT OF LOAN AGREEMENT
Fourth Amendment of Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS FOURTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 25th day of October, 2007 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association (“First National”) as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), and Bankers Trust Company, N.A. (“Bankers Trust”), and amends that certain Loan Agreement dated June 24, 2005 among Borrower, First National, M & I and Bank Midwest (“Loan Agreement”).

MANAGEMENT AGREEMENT
Management Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • South Dakota

THIS HOTEL MANAGEMENT AGREEMENT (the “Agreement” or “Hotel Management Agreement”) made and entered into as of this 12th day of April, 2007, by and between Summit Hospitality V, LLC a South Dakota limited liability company (hereinafter referred to as “Owner”), and The Summit Group, Inc., a South Dakota corporation, acting on its own behalf, (hereinafter referred to as “Manager”).

NINTH AMENDMENT OF LOAN AGREEMENT
Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS NINTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 25th day of October, 2007 by Summit Hotel Properties, LLC (“Summit Hotel”), a South Dakota limited liability company, Summit Hospitality V, LLC (“Summit Hospitality”), a South Dakota limited liability company and First National Bank of Omaha, a national banking association (“Bank”) and amends that certain Loan Agreement dated July 20, 2004 between Summit Hotel and Bank (“Loan Agreement”).

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