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201208290
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10/10/2012 10:20:13 AM
Creation date
10/5/2012 8:23:15 AM
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DEEDS
Inst Number
201208290
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�Q�2�$290 <br />Further, in connection with the Loan Agreement, Pedcor Acquisition executed and delivered to <br />Lender a certain Collateral Pledge Agreement (Limited Liability Company Membership Interest) <br />(the "Pledge Agreement") dated August 6, 2009. Additionally, in connection with the Loan <br />Agreement, Borrower caused to be delivered to Lender that certain Letter of Credit (as defined in <br />the Loan Agreement) issued by Pedcor Bancorp to Lender in the amount of Two Million Five <br />Hundred Fifty Thousand and 00/100 Dollars ($2,550,000.00) with an issue date of August 6, <br />2009 (the "Letter of Credit") (the Loan Agreement, the Note, the Deed of Trust, the Borrower's <br />Affidavit, the Indemnity Agreement, the Pledge Agreement, the Letter of Credit and every other <br />document now or hereafter evidencing, securing or otherwise executed in conjunction with the <br />Note and the Loan Agreement are collectively, the "Loan Documents"). <br />C. Lender and Borrower desire to amend and modify the Note and the Deed of Trust, <br />and to the extent necessary, the Loan Documents, so as to: (i) e�end the Maturity Date (as <br />defined in the Note) from July 31, 2012 to January 31, 2014; (ii) provide that the Applicable <br />Interest Rate (as defined in the Loan Agreement) under the Daily Fluctuating Rate Option (as <br />defined in the Loan Agreement) shall mean the Daily Fluctuating Rate (as defined in the Loan <br />Agreement) plus four hundred twenty-five (425) basis points (one hundred (100) basis points <br />being equal to one percent (1%) per annum) and that there shall be no minimum LIBOR Ra,te (as <br />defined in the Loan Agreement) and that the Applicable Interest Rate under the Monthly LIBOR <br />Ra.te Option (as defined in the Loan Agreement) sha11 mean the one month LIBOR Rate plus <br />four hundred twenty-five (425) basis points and that there sha11 be no minimum LIBOR Ra.te; <br />(iii) provide for certain changes to the financial reporting covenants as set forth in the Loan <br />Agreement; (iv) require certain amendments and modifications to the Letter of Credit, or <br />alternatively, a new letter of credit to be substituted for the Letter of Credit; (v) provide for <br />certain amendments and modifications to Section 9.26 Release of Collateral of the Loan <br />Agreement as more particularly described herein; and (vi) provide for such other amendments <br />and modifications as set forth herein. <br />NOW, THEREFORE, IN CONSIDERATION of the above Recitals, and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and further, <br />to induce Lender to agree to the amendments and modifications set forth below, Lender, <br />Borrower and Pedcor Acquisition hereby agree as follows: <br />1. The Recitals set forth in the beginning of this Agreement are true and correct and <br />are hereby incorporated as a material part of this Agreement. <br />2. The Note and the Deed of Trust, and to the extent necessary, the Loan <br />Documents, are hereby amended and modified so that the Maturity Date is e�ended from <br />July 31, 2012 to January 31, 2014. <br />3. The Loan Agreement is amended and modified so as to provide that Section 2.4 <br />Interest Rate (a) and (b) of the Loan Agreement are hereby deleted in their entirety and replaced <br />with the following: <br />"(a) Daily Fluctuatin� Rate Option. Under the Daily Fluctuating Ra.te <br />Option the term Applicable Interest Rate shall mean the variable per annum rate <br />equal to the Daily Fluctuating Rate plus four hundred twenty-five (425) basis <br />2 MORINID:1080698 <br />Grand Island:August 20, 2012 <br />
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