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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
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201208290
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�Q120��90 <br />points (one hundred (100) basis points being equal to one percent (1%) per <br />annum). <br />(b) Monthlv LIBOR Ra.te Option. Under the Monthly LIBOR Rate <br />Option the term Applicable Interest Rate sha11 mean the per annum rate equal to <br />the One Month LIBOR Rate plus four hundred twenty-five (425) basis points." <br />4. The Loan Agreement is further amended and modified so as to provide that <br />Section 5.1 Financial Statements; Reports of the Loan Agreement is hereby deleted in its entirety <br />and replaced with the following: <br />"5.1 Financial Statements; Reports. In addition to any other financial <br />statements required to be delivered to Lender pursuant to the provisions of any of <br />the other Loan Documents, Borrowers shall, from time to time, furnish to or cause <br />to be furnished to Lender the following: <br />(a) within one hundred twenty (120) days after the end of each <br />calendar year or within ten (10) days of any other request from Lender <br />(but not more often than monthly), verification from each Borrower as to <br />documentation supporting the liquidity requirements contained in Section <br />5.11 of this Agreement; <br />(b) within one hundred eighty (180) days after the end of each <br />calendar year, audited financial statements of Pedcor Investments, A <br />Limited Liability Company, on a combined, consolidated and <br />consolidating basis, prepared in accordance with sound accounting <br />principles consistently applied and certified by independent certified <br />public accountants satisfactory to Lender, containing a balance sheet and <br />statements of income and surplus of Pedcor Investments, A Limited <br />Liability Company, along with any management letters written by such <br />accountants; <br />(c) immediately upon becoming awaxe of the existence of any <br />condition or event which constitutes an Event of Default, a written notice <br />specifying the nature and period of existence thereof and what action <br />Borrowers are taking or proposes to take with respect thereto; <br />(d) within thirty (30) days from filing each calendaz year, a <br />copy of the federal income tax return and supporting schedule and exhibits <br />for Borrowers for the calendar year then ended; <br />(e) within one hundred eighty (180) days after June 30 of each <br />calendar year, personal financial statements of and certified by <br />Bruce A. Cordingley and Phillip J. Stoffregen and within one hundred <br />eighty (180) days after December 31 of each year, personal <br />fmancial statements of and certified by Bruce A. Cordingley and <br />Phillip J. Stoffregen on Lender's personal financial sta.tement form; <br />3 MORIlVID:1080698 <br />Grand Island:August 20, 2012 <br />
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