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201208290
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Last modified
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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20�208290 <br />be released upon the receipt by Lender of funds attributa.ble to such Additional <br />Mortgage based upon the respective release prices set forth in Exhibit "G" <br />attached hereto and upon receipt of the funds representing the applicable release <br />price, such funds will be deposited into a to-be-established deposit account (the <br />"Collateral Account") with Lender that is subject to and Borrower hereby pledges <br />and grants to Lender a security interest in the Collateral Account as collateral and <br />security for Borrower's obligations under the Note and the Loan Agreement and <br />which collateral and security interest shall be evidenced by and Borrower hereby <br />agrees to execute and deliver to Lender and perform that certain Account Pledge <br />Agreement dated of even date of the First Loan Modification Agreement (the <br />"Account Pledge Agreement"). Funds placed in the Collateral Account shall <br />remain in the Collateral Account until the earlier of: (i) such time as Borrower is <br />unsuccessful in its attempts to refinance that certain Mortgage Note from Pedcor <br />Investments-2007-XCVIII, L.P., an Indiana limited partnership in the original <br />principal amount of Eight Million One Hundred Thousand and 00/100 Dollars <br />($8,100,000.00) dated September 25, 2007 ("Alison Pointe Note") or <br />(ii) September 30, 2013. Thereafter, the funds in the Collateral Account may, at <br />Lender's sole option, be: (a) applied to the then outstanding principal balance of <br />the Note; or (b) applied to the outstanding principal balance of the Alison Pointe <br />Note. Any funds remaining in the Collateral Account after the Note and the <br />Alison Pointe Note are paid in full shall, so long as there does not then exist an <br />Event of Default under and as defined in any of the four (4) promissory notes <br />evidencing four (4) other existing loans from Lender to Pedcor under and <br />pursuant to a certain Master Loan Agreement, as amended, which are more <br />commonly known as the Dry Creek (Tennessee), Clay Terrace (Missouri), Valley <br />View (Illinois) and Delaware Trace (Indiana) loans all of which are also subject to <br />modification agreements dated August _, 2012, be returned to Borrower. <br />Further, upon the sale of the real estate subject to the Deed of Trust (i.e. Grand <br />Island, Nebraska), Borrower agrees to deliver to Lender a sum equal to the greater <br />of (i) Two Hundred Fifty T'housand and 00/100 Dollars ($250,000.00) or (ii) fifty <br />percent (50%) of the net proceeds from such sale, and Lender shall, at its option: <br />(a) apply such funds to the outstanding principal balance of the Note; or (b) <br />deposit such funds into the Collateral Account subject to the Account Pledge <br />Agreement." <br />9. The Loan Agreement is further amended and modified so as to delete in its <br />entirety Exhibit "G" atta.ched thereto and replace the same with Ezhibit "G" atta.ched hereto. <br />10. Borrower hereby re�rms all representa.tions and warranties of Borrower in the <br />Loan Documents. <br />11. Borrower hereby represents and warrants to Lender that there is no default or <br />Event of Default (as defined in the Loan Agreement) nor event which with the giving of notice, <br />the passage of time or both, would become an Event of Default under or in connection with the <br />Loan Documents. <br />6 MORIMD:1080698 <br />Gtand Island:August 20, 2012 <br />
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