0001645873-24-000033.txt : 20240308 0001645873-24-000033.hdr.sgml : 20240308 20240308150407 ACCESSION NUMBER: 0001645873-24-000033 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20210125 FILED AS OF DATE: 20240308 DATE AS OF CHANGE: 20240308 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SCIUTTO SANDRA G CENTRAL INDEX KEY: 0001293262 ORGANIZATION NAME: FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-40814 FILM NUMBER: 24733899 MAIL ADDRESS: STREET 1: 6 EXECUTIVE CIRCLE, SUITE 250 CITY: IRVINE STATE: CA ZIP: 92614 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: Modiv Industrial, Inc. CENTRAL INDEX KEY: 0001645873 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] ORGANIZATION NAME: 05 Real Estate & Construction IRS NUMBER: 474156046 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 200 S. VIRGINIA STREET, SUITE 800 CITY: RENO STATE: NV ZIP: 89501 BUSINESS PHONE: 888-686-6348 MAIL ADDRESS: STREET 1: 200 S. VIRGINIA STREET, SUITE 800 CITY: RENO STATE: NV ZIP: 89501 FORMER COMPANY: FORMER CONFORMED NAME: MODIV INC. DATE OF NAME CHANGE: 20210120 FORMER COMPANY: FORMER CONFORMED NAME: RW HOLDINGS NNN REIT, INC. DATE OF NAME CHANGE: 20170814 FORMER COMPANY: FORMER CONFORMED NAME: Rich Uncles NNN REIT, Inc. DATE OF NAME CHANGE: 20151209 4 1 wk-form4_1709928236.xml FORM 4 X0508 4 2021-01-25 0 0001645873 Modiv Industrial, Inc. MDV 0001293262 SCIUTTO SANDRA G 200 S. VIRGINIA STREET SUITE 800 RENO NV 89501 0 1 0 0 CAO 0 Class R OP Units 0 2021-01-25 4 A 0 31667.5 0 A 2024-03-31 COMMON STOCK, CLASS C 31667.5 31667.5 D There is no expiration date in connection with the 12,667 Class R Units ("Class R Units") of Modiv Operating Partnership, LP (the "Partnership"), issued to the reporting person; however, the Class R Units are automatically and mandatorily converted into Class C Units of the Partnership ("Class C Units") on March 31, 2024 on a 2.5:1 basis. The Class C Units are redeemable for cash or, at the issuer's option, exchangeable for shares of the issuer's Class C Common Stock on a 1:1 basis, and have no expiration. /s/ John Raney, by Power of Attorney for Sandra G. Sciutto 2024-03-08 EX-24 2 poasandrasciutto.txt EX-24 MODIV INDUSTRIAL INC. POWER OF ATTORNEY Know all by these presents, that the undersigned hereby constitutes and appoints each of Ray Pacini, John Raney, Reginald Salanga and Lamont Dumas, the undersigned's true and lawful attorney-in-fact to: (1) prepare, execute in the undersigned's name and on the undersigned's behalf, and submit to the U.S. Securities and Exchange Commission (the "SEC") a Form ID, including amendments thereto, and any other documents necessary or appropriate to obtain codes and passwords enabling the undersigned to make electronic filings with the SEC of reports required by Section 16(a) of the Securities and Exchange Act of 1934 or any rule or regulations of the SEC; (2) execute for and on behalf of the undersigned, in the undersigned's capacity as an officer and/or director of Modiv Industrial Inc. (the "Company"), Forms 3, 4, and 5, and amendments thereto, in accordance with Section 16(a) of the Securities Exchange Act of 1934 and the rules thereunder, and any other forms or reports the undersigned may be required to file in connection with the undersigned's ownership, acquisition, or disposition of securities of the Company; (3) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form ID and Form 3, 4, or 5, or other form or report, or amendment thereto, and timely file such form with the SEC and any stock exchange, self-regulatory association or similar authority; and (4) take any other action of any type whatsoever in connection with the foregoing which, in the opinion of such attorney-in-fact, may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming, nor is the Company assuming, any of the undersigned's responsibilities to comply with Section 16 of the Securities Exchange Act of 1934. The validity of this Power of Attorney shall not be affected in any manner by reason of the execution, at any time, of other powers of attorney by the undersigned in favor of persons other than those named herein. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 3, 4, and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the foregoing attorneys-in-fact. This Power of Attorney may be filed with the SEC as a confirming statement of the authority granted herein. IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of March, 2024. /s/ SANDRA G. SCIUTTO Name: SANDRA G. SCIUTTO