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201208290
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10/10/2012 10:20:13 AM
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10/5/2012 8:23:15 AM
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DEEDS
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201208290
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9 <br />�0��o�2so <br />(� within one hundred twenty (120) days of the end of each <br />calendar year, an annual cash flow analysis and contingent liability <br />analysis for Bruce A. Cordingley and Phillip J. Stoffregen in form and <br />content acceptable to Lender; <br />(g) within one hundred eighty (180) days of the end of each <br />calendar yeax, an annual cash flow analysis and contingent liability <br />analysis for Pedcor Investments, A Limited Liability Company in form <br />and content acceptable to Lender; <br />(h) within thirty (30) days of the end of each calendar quarter <br />and year end, financial statements for Lions Creek Apartments (Pedcor <br />Property Acquisition-I, LLC) and a certified rent roll, together with any <br />other information deemed necessary and requested by Lender; <br />(i) a quarterly compliance certificate as to matters set forth <br />herein as required by Lender from the Borrowers and Pedcor Bancorp; <br />(j) upon reasonable request from Lender, a certificate as to <br />compliance with the fmancial covenants, set forth in Section 5.11, in <br />addition to the quarterly compliance certificate in subparagraph (j) above; <br />(k) within ten (10) days of completion, annua.l audited fmancial <br />statements of Pedcor Bancorp, prepared in accordance with sound <br />accounting principles consistently applied and certified by independent <br />certified public accountants satisfactory to Lender containing a balance <br />sheet and statements of income and surplus along with any management <br />letters written by such accountants and all quarterly company prepared <br />financial statements of Pedcor Bancorp; <br />(1) within one hundred eighty (180) days after the end of each <br />calendar year, audited financial sta.tements of Pedcor Development <br />Corporation, Pedcor Construction Company and Pedcor Management <br />Corporation, prepared in accordance with sound accounting principles <br />consistently applied and certified by independent certified public <br />accountants satisfactory to Lender containing a balance sheet and <br />sta.tements of income and surplus, along with any management letters <br />written by such accountants; and <br />(m) at the request of Lender, on reasonable notice, such other or <br />updated information as Lender may from time to time reasonably require." <br />5. Borrower hereby reaffirms and ratifies to Lender their obligations under <br />Section 5.11 of the Loan Agreement, which for purposes of convenience is repeated as follows: <br />"5.11 Financial Covenants. The following financial covenants shall be <br />complied with: (a) the Borrowers' combined cash, marketable securities and cash <br />equivalents at the end of any two (2) consecutive calendar quarters (Mazch 31, <br />June 30, September 30 and December 31) sha11 not be less than $2,000,000.00. <br />0 <br />MORIMD:1080698 <br />Grand Island:August 20, 2012 <br />
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