0001645873-23-000095.txt : 20230426 0001645873-23-000095.hdr.sgml : 20230426 20230426140949 ACCESSION NUMBER: 0001645873-23-000095 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20230425 FILED AS OF DATE: 20230426 DATE AS OF CHANGE: 20230426 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: SMITH KIMBERLY J CENTRAL INDEX KEY: 0001578938 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-40814 FILM NUMBER: 23848812 MAIL ADDRESS: STREET 1: 2325 E CAMELBACK RD STREET 2: SUITE 1100 CITY: PHOENIX STATE: AZ ZIP: 85016 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: MODIV INC. CENTRAL INDEX KEY: 0001645873 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] 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: 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 FORMER COMPANY: FORMER CONFORMED NAME: Rich Uncles REIT, Inc. DATE OF NAME CHANGE: 20150623 4 1 wf-form4_168253257606814.xml FORM 4 X0407 4 2023-04-25 0 0001645873 MODIV INC. MDV 0001578938 SMITH KIMBERLY J 200 S. VIRGINIA STREET SUITE 800 RENO NV 89501 1 0 0 0 0 COMMON STOCK, CLASS C 2023-04-25 4 P 0 43.9932 10.47 A 4872.6507 D /s/ John Raney, by Power of Attorney for Kimberly J. Smith 2023-04-26 EX-24 2 modivpoa-ksmith.htm KIMBERLY J. SMITH POA
MODIV INC.
POWER OF ATTORNEY

    Know all by these presents, that the undersigned hereby constitutes and appoints each of John Raney,
Sandra Sciutto and Reginald Salanga, 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 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 10th day of December, 2021.



      /s/ KIMBERLY J. SMITH
      Name: KIMBERLY J. SMITH