No)
Sch. V-1
ANNEX A
Conduit Lender
Commitment
Institutional Lender
Commitment
Wells Fargo Bank, N.A.
$ 100,000,000
Sch. V-2
EXHIBITS
TO
AMENDED AND RESTATED LOAN AND SERVICING AGREEMENT
Dated as of November 5, 2010
(Fifth Street Funding, LLC)
EXHIBITS
EXHIBIT A
Form of Approval Notice
EXHIBIT B
Form of Assignment of Mortgage
EXHIBIT C
Form of Borrowing Base Certificate
EXHIBIT D
Form of Disbursement Request
EXHIBIT E
Form of Joinder Supplement
EXHIBIT F
Form of Notice of Borrowing
EXHIBIT G
Form of Notice of Reduction (Reduction of Advances Outstanding)
EXHIBIT H
[Reserved]
EXHIBIT I
Form of Variable Funding Note
EXHIBIT J
Form of Notice and Request for Consent
EXHIBIT K
Form of Certificate of Closing Attorneys
EXHIBIT L
Form of Servicing Report
EXHIBIT M
Form of Servicer's Certificate (Servicing Report)
EXHIBIT N
Form of Release of Required Loan Documents
EXHIBIT O
Form of Transferee Letter
EXHIBIT P
Form of Power of Attorney for Servicer
EXHIBIT Q
Form of Power of Attorney for Borrower
EXHIBIT R
Form of Servicer's Certificate (Loan Asset Register)
EXHIBIT S
Form of Letter of Credit Request
EXHIBIT A
FORM OF APPROVAL NOTICE
LOAN ASSET
APPROVAL NOTICE
DATE
ELIGIBLE LOAN ASSET INFORMATION
Obligor Name
Tranche Description
Par Amount
Purchase Price
Unfunded Exposure Amount
Pricing
Maturity Date
Approved Exceptions to Eligibility Criteria for Loan Asset
See Attached Schedule 1.
ASSIGNED VALUE
Assigned Value
Applicable Percentage
WELLS FARGO SECURITIES LLC APPROVAL
Fifth Street Commitment Termination
Approval Good Until
Approval Conditioned Upon
Ex. A-1
EXHIBIT B
FORM OF ASSIGNMENT OF MORTGAGE
RECORDING REQUESTED BY AND UPON
RECORDATION RETURN TO:
[Attorney name]
Dechert LLP
[Address]
THIS DOCUMENT WAS, WITH THE ADVICE
OF LOCAL COUNSEL, PREPARED BY:
[Attorney name]
Dechert LLP
[Address]
GENERAL ASSIGNMENT OF [MORTGAGE/DEED OF TRUST] AND LOAN
DOCUMENTS
THIS GENERAL ASSIGNMENT OF [MORTGAGE/DEED OF TRUST] AND LOAN DOCUMENTS
(this "Assignment"), made as of the ____ day of
, 20__ by
("________"), having an address
("Assignor") to
, a
, having an address
at
("Assignee").
KNOW ALL MEN BY THESE PRESENTS, that for good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Assignor has sold,
assigned, granted, transferred, conveyed and set over, without recourse or
warranty, and by these presents does sell, assign, transfer, grant, convey and
set over unto Assignee and to the successors and assigns of Assignee all of
Assignor's right, title and interest in, to and under (a) the document(s)
referenced in Annex 1 attached hereto and made a part hereof, including any
amendments or supplements thereto (such documents collectively referred to
herein as the "Loan Documents"), certain of which have been recorded as shown on
Annex 2 attached hereto and made a part hereof, (b) the instruments, documents,
certificates, letters, records and papers relating to the Loan Documents and all
other documents executed and/or delivered in connection with the loan evidenced
and/or secured by the Loan Documents, including, without limitation, all of
Assignor's right, title and interest in any title insurance policies, and other
insurance policies, endorsements and