MORTGAGE AND SECURITY AGREEMENT Dated: February 3, 2012 in the amount of $22,748,000 from RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC, Mortgagor a New Jersey limited liability company, having an office at: c/o RBH Group, 89 Market Street, 8th Floor,...Mortgage and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
WHEREAS, the Loan evidenced by the Note was made available by the Authority to the Mortgagor pursuant to the terms and provisions set forth in that certain Bond Agreement dated as of December 1, 2011 (the “Bond Agreement”) executed by and among the Mortgagor, the Authority and TD Bank, N.A., as purchaser (the “Purchaser”), under which the Authority has agreed to provide the Mortgagor with funds to undertake financing the acquisition of land and construction of buildings located in the City of Newark, County of Essex and State of New Jersey;
LEASEHOLD MORTGAGE, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT Dated: February 3, 2012 in the amount of $27,000,000 (the “Mortgage Amount”) From TEACHERS VILLAGE SCHOOL QALICB URBAN RENEWAL, LLC, a New Jersey limited liability company...Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
THIS INSTRUMENT CONTAINS AFTER-ACQUIRED PROPERTY PROVISIONS AND SECURES OBLIGATIONS CONTAINING PROVISIONS FOR CHANGES IN INTEREST RATES, EXTENSIONS OF TIME FOR PAYMENT AND OTHER “MODIFICATIONS,” AS DEFINED IN N.J. LAWS 1985, CH. 353, IN TERMS OF SUCH OBLIGATIONS. UPON ANY SUCH MODIFICATION, THIS MORTGAGE SHALL HAVE THE BENEFIT OF THE LIEN PRIORITY PROVISIONS OF THAT LAW.
GUARANTY OF NEW MARKETS TAX CREDITSGuaranty of New Markets Tax Credits • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
THIS GUARANTY OF NEW MARKETS TAX CREDITS (this “Guaranty”), is made as of February 3, 2012, by TEACHERS VILLAGE SCHOOL QALICB URBAN RENEWAL, LLC, a New Jersey Urban Renewal limited liability company, and RBH-TRB NEWARK HOLDINGS, LLC, a New York limited liability company (each a “Guarantor” and collectively, the “Guarantors”, jointly and severally) for the benefit of GSB NMTC INVESTOR LLC, a Delaware limited liability company, its successors and assigns and any transferees of its interest in the Fund (as hereinafter defined) (collectively, the “Investor”).
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts • New York
THIS AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of April 17, 2012, by and among BRT RLOC LLC, a New York limited liability company (“Borrower”), BRT Realty Trust, a Massachusetts business trust, as guarantor (in such capacity, “Guarantor”) and as servicer (in such capacity, “Servicer”), the Lenders hereto, Capital One, National Association, as agent for the Lenders (in such capacity, Agent”) and as custodian (in such capacity, “Custodian”).
SECURITY AGREEMENTSecurity Agreement • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts • New Jersey
This Security Agreement (“Agreement”) is dated this 3rd day of February, 2012, by and between RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC (“Debtor”), a New Jersey limited liability company, and TD BANK, N.A., a national banking association (“Lender”).
JOINT AND SEVERAL COMPLETION GUARANTYCompletion Guaranty • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
THIS JOINT AND SEVERAL COMPLETION GUARANTY (this “Guaranty”), dated as of February 3, 2012, is made on a joint and several basis by TEACHERS VILLAGE SCHOOL QALICB URBAN RENEWAL, LLC, a New Jersey limited liability company having an address at c/o RBH Group, 89 Market Street, 8th Floor, Newark, New Jersey 07102 (the “Borrower”), and RBH-TRB NEWARK HOLDINGS, LLC, a New York limited liability company, having an address at c/o RBH Group, 89 Market Street, 8th Floor, Newark, New Jersey 07102 (“RBH”, and together with Borrower, the “Guarantors” and each a “Guarantor”), to TD BANK, N.A., national banking association having an address at 317 Madison Avenue, 2nd Floor, New York, New York 10017, acting in its capacity as administrative agent (the “Administrative Agent”); GATEWAY SUB-CDE I, LLC, a New Jersey limited liability company, having an address of c/o Gateway CDE LLC, 2 Gateway Center, 5th Floor, Newark, New Jersey 07102 (“Gateway Lender”); and NJCC CDE ESSEX LLC, a New Jersey limited lia
GUARANTY OF COMPLETIONGuaranty of Completion • May 10th, 2012 • BRT Realty Trust • Real estate investment trusts
THIS GUARANTY OF COMPLETION (this “Guaranty”) is made as of the 3rd day of February, 2012, by RBH-TRB NEWARK HOLDINGS, LLC, a New York limited liability company having an office at c/o RBH Group, 89 Market Street, 8th Floor, Newark, New Jersey 07102 (“RBH”) and RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC, a New Jersey limited liability company having an office at c/o RBH Group, 89 Market Street, 8th Floor, Newark, New Jersey 07102 (“Borrower”) (as guarantor hereunder), and together with RBH, jointly and severally, “Guarantor”) in favor of TD BANK, N.A., a national banking association, having an office at 317 Madison Avenue, New York, New York 10017 (the “Bank”).
