0001104659-05-033670 Sample Contracts

NOTE
Boston Restaurant Associates Inc • July 22nd, 2005 • Retail-eating places
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MULTI-PARTY SECURITY AGREEMENT
Multi-Party Security Agreement • July 22nd, 2005 • Boston Restaurant Associates Inc • Retail-eating places • Massachusetts

This is an agreement between Commerce Bank & Trust Company, a Massachusetts trust company with offices in Worcester, Massachusetts (“Secured Party”), and the following organizations (collectively “Debtors”):

FIRST MORTGAGE AND SECURITY AGREEMENT
First Mortgage and Security Agreement • July 22nd, 2005 • Boston Restaurant Associates Inc • Retail-eating places • Massachusetts

This mortgage is given to secure the full and timely payment and performance of all indebtedness and obligations of Mortgagor to Mortgagee now existing or hereafter arising under the Loan Documents, as defined below, including without implied limitation (i) the indebtedness evidenced by Mortgagor’s note of even date in the face amount of $800,000 (“Note”) and (ii) Mortgagor’s obligations to Mortgagee under a certain Multi-Party Guaranty Agreement of even date among Mortgagor, Mortgagee, and other parties relating to obligations owed Mortgagee by Boston Restaurant Associates, Inc., in the amount of $1,500,000 (“Guaranty Agreement”).

Loan Agreement
Loan Agreement • July 22nd, 2005 • Boston Restaurant Associates Inc • Retail-eating places • Massachusetts

This is an agreement among Boston Restaurant Associates, Inc., a Delaware corporation with its headquarters in Saugus, Massachusetts (“BRAI”), George R. Chapdelaine (“Trustee”), only in his capacity as Trustee of BRA Nominee Trust (“Trust”) under a declaration of trust dated January 23, 1991, recorded with the Suffolk County Registry of Deeds in Book 16684, Page 20, and filed with the Suffolk Registry District of the Land Court as Document No. 472988, and Commerce Bank & Trust Company, a Massachusetts trust company with its headquarters in Worcester, Massachusetts (“Lender”).

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