Mortgage Warehousing and Security Agreement Sample Contracts

FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • London

THIS FIFTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of June 28, 2013, by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC (the “Borrower”), BANK OF AMERICA, N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

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RECITALS
Mortgage Warehousing and Security Agreement • March 31st, 1998 • Westmark Group Holdings Inc • Mortgage bankers & loan correspondents • Michigan
FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT Dated as of April 17, 2010 By and Among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC AND BANK OF AMERICA, N.A. as Credit Agent AND THE LENDERS PARTY HERETO
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Agreement”), dated as of April 17, 2010, is made by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC, a Michigan limited liability company (the “Company”), BANK OF AMERICA, N.A., as agent (in such capacity, the “Credit Agent”), BANK OF AMERICA, N.A., in its individual capacity (in such capacity, “Bank of America”), and each lender, including Bank of America, in such capacity, from time to time party hereto (individually, a “Lender” and collectively, the “Lenders”).

EIGHTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • April 2nd, 2014 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS EIGHTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of March 28, 2014, by and among ACRE CAPITAL LLC (f/k/a EF&A FUNDING, L.L.C.) (the “Borrower”), BANK OF AMERICA, N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of June 30, 2010, by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC (the “Borrower”), BANK OF AMERICA. N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of June 30, 2011, by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC (the “Borrower”), BANK OF AMERICA. N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS FOURTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of August 1, 2012, by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC (the “Borrower”), BANK OF AMERICA, N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of June 20, 2012, by and among EF&A FUNDING, L.L.C., d/b/a ALLIANT CAPITAL, LLC (the “Borrower”), BANK OF AMERICA, N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

SIXTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • September 6th, 2013 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS SIXTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) dated as of September 5, 2013, by and among BANK OF AMERICA, N.A., as Credit Agent (the “Credit Agent”), ACRE CAPITAL LLC (f/k/a EF&A FUNDING, L.L.C. d/b/a ALLIANT CAPITAL, LLC) (the “Borrower”), and the LENDER party to this Amendment (the “Lender”).

SEVENTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT
Mortgage Warehousing and Security Agreement • January 31st, 2014 • Ares Commercial Real Estate Corp • Real estate investment trusts • New York

THIS SEVENTH AMENDMENT TO FIFTH AMENDED AND RESTATED MORTGAGE WAREHOUSING AND SECURITY AGREEMENT (this “Amendment”) is made as of January 31, 2014, by and among ACRE CAPITAL LLC (f/k/a EF&A FUNDING, L.L.C.) (the “Borrower”), BANK OF AMERICA, N.A., as Credit Agent (in such capacity, the “Credit Agent”), and the LENDERS party to this Amendment (the “Lenders”).

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