THIRD AMENDMENT OF LOAN AGREEMENTLoan Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS THIRD AMENDMENT OF LOAN AGREEMENT (the “Third Amendment”), is made as of the day of September, 2009 (“Third Amendment Effective Date”) by and among COMSTOCK PENDERBROOK, L.C., a Virginia limited liability company (“Borrower”) and COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Comstock” or “Guarantor”) (Borrower and Comstock are referred to herein collectively as “Obligors”), and GUGGENHEIM CORPORATE FUNDING, LLC, having an address at 135 East 57th Street, New York, New York, 10022 (“Administrative Agent”), for the benefit of the several banks and other financial institutions or entities from time-to-time parties to the Loan Agreement, defined below (the “Lenders” and together with the Administrative Agent, the “Beneficiary”).
FORBEARANCE AGREEMENT (Comstock Cascades, L.C.)Forbearance Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS FORBEARANCE AGREEMENT dated as of September , 2009 (which, together with all amendments and modifications hereto, is hereinafter referred to as this “Agreement”) is made by and among COMSTOCK CASCADES, L.C., a Virginia limited liability company (the “Borrower”), COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (the “Guarantor”), and MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation and successor-by-merger to M&T Mortgage Corporation (the “Bank”).
FORBEARANCE AND CONDITIONAL RELEASE AGREEMENTForbearance and Conditional Release Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • North Carolina
THIS FORBEARANCE AND CONDITIONAL RELEASE AGREEMENT (this “Agreement”) is entered into as of November , 2009 (the “Effective Date”), is made by and among COMSTOCK HOMES OF RALEIGH, L.L.C., a North Carolina limited liability company (the “Borrower”), COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“CHCI”), and FIFTH THIRD BANK, an Ohio banking corporation, successor by merger with Fifth Third Bank, N.A., successor by merger with First Charter Bank (the “Lender”).
FORBEARANCE AND CONDITIONAL RELEASE AGREEMENT (Comstock Belmont Bay 89, L.C.)Forbearance and Conditional Release Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS FORBEARANCE AND CONDITIONAL RELEASE AGREEMENT dated as of September , 2009 (this “Agreement”) is made by and among COMSTOCK BELMONT BAY 89, L.C., a Virginia limited liability company (the “Borrower”), COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (the “Guarantor”), and MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation and successor-by-merger to M&T Mortgage Corporation (the “Bank”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS FIRST AMENDMENT TO LOAN AGREEMENT (this “Agreement”) is made and entered into as of October 30, 2009, by and among COMSTOCK STATION VIEW, L.C., a Virginia limited liability company (“Station View”), COMSTOCK POTOMAC YARD, L.C., a Virginia limited liability company (“Potomac”; Station View and Potomac are sometimes hereinafter referred to individually as “Borrower” and collectively as “Borrowers”), COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Guarantor”; Borrowers and Guarantor are sometimes hereinafter referred to individually as a “Loan Party” and collectively as the “Loan Parties”), and KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), individually and as Agent for the Lenders (the “Agent”).
CONSENSUAL FORECLOSURE AND SETTLEMENT AGREEMENTConsensual Foreclosure and Settlement Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • North Carolina
This CONSENSUAL FORECLOSURE AND SETTLEMENT AGREEMENT (“Agreement”) is made and entered into as of August , 2009 (the “Effective Date”) by and among COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Borrower”); COMSTOCK MASSEY PRESERVE, L.L.C., a Virginia limited liability company (“Comstock Massey”); COMSTOCK HOMES OF RALEIGH, L.L.C., a North Carolina limited liability company (“Comstock Raleigh”); COMSTOCK HOLLAND ROAD, L.L.C., a Virginia limited liability company (“Comstock Holland”); COMSTOCK HOMES OF ATLANTA, LLC, a Georgia limited liability company (“Comstock Atlanta”); COMSTOCK JAMES ROAD, LLC, a Georgia limited liability company (“Comstock James Road”); TRIBBLE ROAD DEVELOPMENT, LLC, a Georgia limited liability company (“Tribble Road Development”); COMSTOCK SUMMERLAND, L.C., a Virginia limited liability company (“Comstock Summerland”); COMSTOCK LANDING, LLC, a Virginia limited liability company (“Comstock Landing”); COMSTOCK WAKEFIELD, LLC, a Virginia limited liabi
SETTLEMENT AGREEMENTSettlement Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
This Settlement Agreement (the “Agreement”) is made and entered into between Belmont Bay, L.C., Belmont Town Center Associates, LLC, Belmont Town Center Umbrella Association, Inc., Belmont Bay Homeowners Association, Inc. (collectively “the Belmont entities”); and Comstock Belmont Bay 89, L.C. (also known as Comstock Belmont Bay 8 & 9, Inc.) and Comstock Homebuilding Companies, Inc. (collectively “the Comstock entities”); and Premier Title, Inc.; and Donald J. Creasy and Stephen P. Caruthers and James R. Epstein and Lawrence A. Wilkes (collectively the “Individual Defendants”); and EFO Capital Management, Inc., Eric-Belmont Associates, LLC, Harbor Point West Associates, LLC, Harbor Point East Associates, LLC, Harbor View Associates, LLC and Harbor Side I Associates, LLC (the “Epstein entities”); and WVS Development Associates LLC, as of the day of June, 2009.
SETTLEMENT AGREEMENT AND MUTUAL RELEASESettlement Agreement • November 13th, 2009 • Comstock Homebuilding Companies, Inc. • Operative builders • Georgia
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter the “Agreement”) is entered into effective as of this day of September, 2009 by and between CORNERSTONE BANK (the “Lender”), and COMSTOCK HOMEBUILDING COMPANIES, INC. (“CHCI”) and MATHIS PARTNERS, LLC (“Mathis”) (collectively, the “Borrower”). The above identified parties are at times referred to herein collectively as “Parties” and individually as a “Party”.
