PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • November 9th, 2007 • CMR Mortgage Fund II, LLC • California
THIS PLEDGE AND SECURITY AGREEMENT, dated as of May 26, 2006 (this “Agreement”), is made by CMR MORTGAGE FUND II, LLC, a California limited liability company (“Pledgor”), in favor of CMR INCOME FUND, LLC, a Nevada limited liability company (“CMR Income Fund”), and WELLS FARGO FOOTHILL, INC., a California corporation (“WFF”) (CMR Income Fund and WFF are referred to collectively as “Secured Party”).
GENERAL GUARANTY AND INDEMNITY AGREEMENTGeneral Guaranty and Indemnity Agreement • November 9th, 2007 • CMR Mortgage Fund II, LLC • California
THIS GENERAL GUARANTY AND INDEMNITY AGREEMENT (“Guaranty”), is made effective as of December 29, 2006, by the following persons in his or her individual capacities, whose addresses for purposes of this Guaranty are:
FORM OF SUBSCRIPTION AGREEMENT CMR Mortgage Fund IISubscription Agreement • November 9th, 2007 • CMR Mortgage Fund II, LLC
THE MEMBERSHIP INTEREST UNITS REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”). SUCH INTERESTS MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED TO ANY PERSON AT ANY TIME IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT COVERING SUCH UNITS UNDER THE ACT OR AN OPINION OF COUNSEL SATISFACTORY TO THE MANAGER OF THE COMPANY TO THE EFFECT THAT SUCH REGISTRATION IS NOT REQUIRED. IN ADDITION, IN NO EVENT MAY UNITS BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED TO ANY PERSON WHO IS NOT A RESIDENT OF CALIFORNIA FOR A PERIOD OF NINE MONTHS FROM THE DATE OF THE LAST SALE THEREOF BY THE COMPANY.
SUB-SERVICING FEE AGREEMENTSub-Servicing Fee Agreement • November 9th, 2007 • CMR Mortgage Fund II, LLC • California
This SUB-SERVICING FEE AGREEMENT (“Agreement”) is made as of September 22, 2006, by and between CMR Mortgage Fund II, LLC, a California limited liability company (“CMR Fund II”) and California Mortgage and Realty, Inc., a Delaware corporation (“CMR”).
