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SIGNIFICANT ACCOUNTING POLICIES (Tables)
9 Months Ended
Sep. 30, 2020
SIGNIFICANT ACCOUNTING POLICIES  
Summary of notes receivable, net

The following table summarizes our Notes receivable, net as of September 30, 2020 and December 31, 2019 (dollars in thousands):

Interest rate at

Balance Outstanding

    

September 30, 

    

September 30, 

    

December 31, 

2020

2020

2019

Note due October 2020 (a)

 

8.00

%  

$

$

2,250

Note due February 2021 (b)

N/A

4,000

Note due May 2022 (c)

8.00

%

20,000

20,000

Note due October 2022 (d)

 

4.75

%  

115,000

115,000

Note due January 2023 (e)

10.00

%  

18,785

16,400

Notes Receivable

157,785

153,650

Allowance for credit losses

(789)

Total notes receivable, net

 

  

$

156,996

$

153,650

(a)In March 2020, the Company entered into a purchase agreement to acquire all of the unaffiliated third party’s intellectual property in exchange for cancellation of the secured note and accrued interest. All property acquired was recorded in Other assets on the Consolidated Balance Sheets.
(b)In May 2020, the Company entered into a promissory note with an unaffiliated third party with an aggregate commitment of $4.0 million, in connection with the sale of an operating community. No interest is due on the promissory note and the note matures in February 2021.
(c)The Company has a secured note with an unaffiliated third party with an aggregate commitment of $20.0 million, all of which has been funded. The note is secured by a parcel of land and related land improvements. Interest payments up to December 2019 are due when the loan matures and interest payments after December 2019 are due monthly. In April 2020, the terms of the secured note were amended to extend the term to May 30, 2022, to adjust the interest rate to 8.0% and require additional borrower covenants.

In September 2020, the developer defaulted on the loan. As a result of the default, the Company expects to take title to the property pursuant to a deed in lieu of foreclosure. At that time, the Company will reclassify the related balance as Real estate owned on the Consolidated Balance Sheet and anticipates recording a gain on extinguishment of the secured note based upon the property’s fair market value on the date of the title transfer.

(d)The Company has a secured note with an unaffiliated third party with an aggregate commitment of $115.0 million, all of which has been funded. Interest payments are due when the loan matures. The note is secured by a first priority deed of trust on a 259 apartment home operating community in Bellevue, Washington, which was completed in 2020. When the note was funded, the Company also entered into a purchase option agreement and paid a deposit of $10.0 million, which gave the Company the option to acquire the community at a fixed price of $170.0 million. In August 2020, the Company exercised the purchase option. The purchase is expected to close in 2021. The deposit is generally nonrefundable other than due to a failure of closing conditions pursuant to the terms of the agreement. If the Company fails to close the purchase other than due to seller’s failure or other breaches in the purchase option agreement, per the terms of the agreement, the note will be modified to extend the maturity date to 10 years following the date the temporary certificate of occupancy was issued, which was July 2020. Upon
modification, the loan would be interest only for the first three years and after such date payments will be based on a 30-year amortization schedule.
(e)The Company has a secured note with an unaffiliated third party with an aggregate commitment of $20.0 million, of which $18.8 million has been funded, including $2.4 million funded during the nine months ended September 30, 2020. Interest payments are due monthly. The note matures at the earliest of the following: (a) the closing of any private or public capital raising in the amount of $5.0 million or greater; (b) an acquisition; (c) acceleration in the event of default; or (d) January 2023.

During 2020, the terms of this secured note were amended to increase the aggregate commitment from $16.4 million to $20.0 million, to extend the maturity date of the note to January 2023 and to provide that the April 2020 through July 2020 interest payments are deferred and paid when the note matures.