0001193125-12-162631 Sample Contracts

CREDIT AGREEMENT
Credit Agreement • April 13th, 2012 • Shepherd's Finance, LLC • Pennsylvania

This Credit Agreement (“Agreement”), dated as of the 30 day of December, 2011, by and between BENJAMIN MARCUS HOMES, L.L.C., a Pennsylvania limited liability company (“BMH”), INVESTOR’S MARK ACQUISITIONS, LLC (“IMA”), a Delaware limited liability company (each a “Borrower Party” and collectively, the “Borrower Parties”), and Mark L. Hoskins, an individual residing in the Commonwealth of Pennsylvania (“Hoskins”),

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COMMERCIAL PLEDGE AGREEMENT
Commercial Pledge Agreement • April 13th, 2012 • Shepherd's Finance, LLC • Pennsylvania

THIS COMMERCIAL PLEDGE AGREEMENT (this “Agreement”) dated as of December 30, 2011, is made and executed by and among SHEPHERD’S FINANCE, LLC (“Grantor”), DANIEL M. WALLACH AND JOYCE S. WALLACH (the “Wallachs”) and 2007 DANIEL M. WALLACH LEGACY TRUST (the “Wallach Trust”; with the “Wallachs” collectively referred to as “Lenders”).

MORTGAGE
Shepherd's Finance, LLC • April 13th, 2012

This MORTGAGE (“Security Instrument”) is given on 7-21, 2010. The mortgagor is INVESTOR’S MARK ACQUISITIONS L. L. C. By Mark L. HOSKINS, Investment Manager and Mark L. Hoskins, Individually (“Borrower”). This Security Instrument is given to LOUIS E. MENICHI , 25%; JENNIE MENICHI, 25%; ERMA GREGO, 15% AND ANNA MARIE CORRADO, 35% and whose address is do Louis E. Menichi, 50 Menichi Lane, McDonald, PA 15057 (“Lender”). Borrower owes Lender the principal sum of ONE MILLION DOLLARS TWO HUNDRED NINETY AND NO/100THS ($1,290,000.00) Dollars. This debt is evidenced by Borrower’s note dated the same date as this Security Instrument (“Note”), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on [per note] . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 t

AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of SHEPHERD’S FINANCE, LLC dated as of MARCH 29, 2012
Limited Liability Company Agreement • April 13th, 2012 • Shepherd's Finance, LLC • Delaware

This Amended and Restated Limited Liability Company Agreement of SHEPHERD’S FINANCE, LLC, a Delaware limited liability company (the "Company"), is entered into as of March 29, 2012 by and among the Company, the Initial Members executing this Agreement as of the date hereof and each other Person who after the date hereof becomes a Member of the Company and becomes a party to this Agreement by executing a Joinder Agreement.

AMENDED AND RESTATED COMMERCIAL PLEDGE AGREEMENT
Commercial Pledge Agreement • April 13th, 2012 • Shepherd's Finance, LLC • Pennsylvania

THIS AMENDED AND RESTATED COMMERCIAL PLEDGE AGREEMENT (this “Agreement”) dated as of December 30, 2011, is made and executed by and among INVESTOR’S MARK ACQUISITIONS, LLC(“IMA”) and BENJAMIN MARCUS HOMES, L.L.C. (“BMH”; with IMA and BMHcollectively referred to as the”Grantors”) and SHEPHERD’S FINANCE, LLC (“Lender”).

AMENDMENT OF PROMISSORY NOTE
Note • April 13th, 2012 • Shepherd's Finance, LLC

THIS AMENDMENT OF PROMISSORY NOTE (this “Amendment”) dated January 31, 2012, is made and executed by and among SHEPHERD’S FINANCE, LLC, whose address is 3508 Washington Road, McMurray, PA 15317 (referred to herein as “Borrower”), and INVESTOR’S MARK ACQUISITIONS, LLC, whose address is 124 Windermere Ct., McMurray, PA 15317 (referred to herein as “Lender”).

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