0001104659-05-014329 Sample Contracts

COMSTOCK HOMEBUILDING COMPANIES, INC. RESTRICTED STOCK AGREEMENT FOR [Insert name of Recipient]
Restricted Stock Agreement • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders • Delaware

This RESTRICTED STOCK AGREEMENT (the “Agreement”) is made and entered into effective as of . 200 , by and between COMSTOCK HOMEBUILDING COMPANIES, INC. a Delaware corporation (the “Company”), and (the “Recipient”).

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REAL ESTATE PURCHASE CONTRACT
Real Estate Purchase Contract • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders
PURCHASE AND SALE AGREEMENT FAIR OAKS PENDERBROOK APARTMENTS L.L.C., Seller and COMSTOCK HOMES, INC. Purchaser
Purchase and Sale Agreement • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia

PURCHASE AND SALE AGREEMENT made as of the 9th day of November, 2004, between FAIR OAKS PENDERBROOK APARTMENTS L.L.C., a limited liability company organized and existing under the laws of the State of Delaware having its principal office c/o W&M Properties, L.L.C., 60 East 42nd Street, New York, New York 10165; and COMSTOCK Homes, Inc., a corporation organized and existing under the laws of the Commonwealth of Virginia having its principal office at 11465 Sunset Hills Road, Suite 510, Reston, Virginia 20190.

CARVE-OUT GUARANTY
Carve-Out Guaranty • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia

THIS CARVE-OUT GUARANTY (this “Guaranty”) dated as of January 27, 2005, is made by COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Guarantor”), in favor of CORUS BANK, N.A. (“Lender”).

COMPLETION GUARANTY
Completion Guaranty • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia

THIS COMPLETION GUARANTY (this “Completion Guaranty”) dated as of January 27, 2005, is made by COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Guarantor”), in favor of CORUS BANK, N.A. (“Lender”).

LOAN AGREEMENT Dated as of January 27, 2005 between CORUS BANK, N.A. (“Lender”) and COMSTOCK PENDERBROOK, L.C., a Virginia limited liability company (“Borrower”) LOAN: $67,000,000
Loan Agreement • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia

All that certain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the County of Fairfax and the Commonwealth of Virginia and being more particularly described as follows:

SERVICES AGREEMENT
Services Agreement • March 31st, 2005 • Comstock Homebuilding Companies, Inc. • Operative builders

THIS SERVICES AGREEMENT (the “Agreement”) is made as of the 1st day of October, 2004, by and between COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Comstock”), and COMSTOCK ASSET MANAGEMENT, L.C., a Virginia limited liability company (“CAM”).

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