SECOND AMENDED AND RESTATED CONTRIBUTION AGREEMENT by and between Houston-Hotel Partners, LLC and Houston Land Partners, LLC, each a California limited liability company and Lodging Fund REIT III OP, LP a Delaware limited partnership Dated as of...Contribution Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
This Second Amended and Restated Contribution Agreement (this “Agreement”) is made and entered into as of August 3, 2021 (the “Effective Date”) by and between Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Operating Partnership”), and Houston-Hotel Partners, LLC, a California limited liability company, and Houston Land Partners, LLC, a California limited liability company (collectively the “Contributor”).
Continuing GuarantyContinuing Guaranty • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This Continuing Guaranty (this “Guaranty”), dated as of May 12, 2021 (the “Effective Date”), is made by by Lodging Fund REIT III OP, LP, a Delaware limited partnership (the “Guarantor”) in favor of EPH Development Fund LLC, a Delaware limited liability company (“Lender”).
LOAN AGREEMENT BETWEEN LF3 HOUSTON, LLC AND LF3 HOUSTON TRS, LLC AS BORROWER AND LEGENDARY A-1 BONDS, LLC AS LENDERLoan Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
Page LIST OF SCHEDULES iii Article I Definitions 1 Section 1.1 Specific Definitions 1 Article II General Loan Terms 9 Section 2.1 The Loan 9 Section 2.2 Interest, Monthly Payments 9 (a) Generally 9 (b) Taxes 9 (d) Requirements of Law Section 2.3 Loan Repayment 10 (a) Repayment 10 (b) Mandatory Prepayments 10 (c) Optional Prepayments 10 Section 2.4 Release of Property 10 Section 2.5 Payments and Computations 10 (a) Making of Payments 10 (b) Computations 11 (c) Late Payment Charge 11 Section 2.6 Extension Option 11 Article III Reserves 11 Section 3.2 Required Repairs 11 Section 3.3 Taxes and Insurance Escrow 12 Section 3.4 Operating Expense Subaccount 13 Section 3.6 FF&E Reserve 13 (a) Funding of FF&E Reserve 13 (b) Disbursements of FF&E Reserve Funds 13 Section 3.7 Casualty/Condemnation Funds 13 Section 3.8 Excess Cash Flow Subaccount 14 Section 3.9 Grant of Security Interest, Application of Funds Section 3.10 Propert
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
This Environmental Indemnity Agreement (this “Agreement”), dated as of August 3, 2021 (the “Effective Date”), is made, by LF3 HOUSTON, LLC, a Delaware limited liability company and LF3 HOUSTON TRS, LLC, a Delaware limited liability company (collectively, “Borrower”) and LODGING FUND REIT III OP, LP, a Delaware limited partnership (“Guarantor” and collectively with Borrower, “Indemnitor”) in favor of LEGENDARY A-1 BONDS, LLC, a Delaware limited liability company (“Lender”).
HOTEL MANAGEMENT AGREEMENT between LF3 HOUSTON TRS, LLC, as Owner and INTERSTATE MANAGEMENT COMPANY, LLC as Manager Hilton Garden Inn Houston/Bush Intercontinental Airport Houston, Texas AUGUST 3, 2021Hotel Management Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
THIS HOTEL MANAGEMENT AGREEMENT is made as of the 3rd day of August, 2021, between LF3 HOUSTON TRS, LLC, a Delaware limited liability company, as Owner, and INTERSTATE MANAGEMENT COMPANY, LLC, a Delaware limited liability company, as Manager.
SECOND AMENDMENT TO CONTRIBUTION AGREEMENT This SECOND AMENDMENT TO CONTRIBUTION AGREEMENT (this "Second Amendment") is made as of the 18th day of June 2021 (the "Amendment Date'') by and among Houston-Hotel Partners, LLC,a California limited...Contribution Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
THIRD AMENDMENT TO THE AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF LODGING FUND REIT III OP, LPLimited Partnership Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This Third Amendment (this “Amendment”) to the Amended and Restated Limited Partnership Agreement (the “Partnership Agreement”) of Lodging Fund REIT III OP, LP (the “Partnership”) dated June 15, 2020, as amended by First Amendment to the Amended and Restated Limited Partnership Agreement dated February 4, 2020, as amended by Second Amendment to the Amended and Restated Limited Partnership Agreement dated May 12, 2021 is adopted by Lodging Fund REIT III, Inc. (the “General Partner”), as the General Partner and on behalf of the Limited Partners to be effective as of August 3, 2021 (“Effective Date”). Capitalized terms used in this Amendment and not defined herein shall have the meanings ascribed to such terms in the Partnership Agreement.
ContractContinuing Guaranty • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
THIRD AMENDMENT TO CONTRIBUTION AGREEMENT This THIRD AMENDMENT TO CONTRIBUTION AGREEMENT (this "Third Amendment") is made as of the 2nd day of July 2021 (the "Amendment Date") by and among Houston-Hotel Partners, LLC, a California limited liability...Contribution Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
SECOND AMENDMENT TO THE AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF LODGING FUND REIT III OP, LPLimited Partnership Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This Second Amendment (this “Amendment”) to the Amended and Restated Limited Partnership Agreement (the “Partnership Agreement”) of Lodging Fund REIT III OP, LP (the “Partnership”) dated June 15, 2020, as amended by First Amendment to the Amended and Restated Limited Partnership Agreement dated February 4, 2020 is adopted by Lodging Fund REIT III, Inc. (the “General Partner”), as the General Partner and on behalf of the Limited Partners to be effective as of May 12, 2021 (“Effective Date”). Capitalized terms used in this Amendment and not defined herein shall have the meanings ascribed to such terms in the Partnership Agreement.
FIRST AMENDMENT TO CONTRIBUTION AGREEMENT This FIRST AMENDMENT TO CONTRIBUTION AGREEMENT (this “First Amendment”) is made as of the 18th day of May 2021 (the “Amendment Date”) by and among Houston-Hotel Partners, LLC, a California limited...Contribution Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
ELEVATION HotelManagement • AMENDMENT TO EXISTING MANAGEMENT AGREEMENT THIS AMENDING AGREEMENT is dated December 19th, 2019 and effective January 1st, 2020. BETWEEN: HD Sunland Park Property, LLC ("Owner") -AND-Elevation Hotel Management...Management Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
This document prepared by and afterAssignment of Leases and Rents • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts • Texas
4. Transfers in Response to Disposition Instructions. Notwithstanding the provisions of the "Secured Party Control" section of this Agreement, unless Bank separately agrees in writing to the contrary, Bank will have no obligation to disburse funds in...Deposit Account Control Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
DocuSign Envelope ID: EE02CB5E-FF50-49BD-8512-2DCD9D456575 FIRST AMENDMENT TO CONTRIBUTION AGREEMENT ThisFIRSTAMENDMENTTOCONTRIBUTIONAGREEMENT(this“First Amendment”) is made as of the 28th day of May 2021 (the “Amendment Date”) by and among HCNA...Contribution Agreement • August 13th, 2021 • Lodging Fund REIT III, Inc. • Real estate investment trusts
