|
AGREEMENT:
<br />ti01304388
<br />NOW THEREFORE, in consideration of the foregoing recitals and the mutual agreements herein
<br />set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby
<br />acknowledged, Trustor and MetLife hereby agree, and amend the Deed of Trust, as follows:
<br />1. Definition of "Note" in Deed of Trust. The definition of "Note" in the Deed of Trust
<br />shall be amended to refer collectively to (a) a Secured Promissory Note — Tranche I from Trustor to
<br />MetLife dated as of June 30, 2011, in the original principal amount of $75,000,000.00, with a final payment
<br />due on July 1, 2021, (b) a Secured Promissory Note — Tranche II from Trustor to MetLife dated as of June
<br />30, 2011, in the original principal amount of $15,000,000.00, with a final payment due on July 1, 2021 and
<br />(c) a Secured Promissory Note — Tranche III from Trustor to MetLife dated as of May 17, 2013, in the
<br />original principal amount of $8,000,000.00, with a final payment due on July 1, 2021. From and after the
<br />effective date of this Amendment, all statements or references within the text of the Deed of Trust to the
<br />defined term "Note" shall mean and be references to the "Note" as defined in this Amendment.
<br />2. Addition of Section 1.7 to the Deed of Trust. Section 1.7 is hereby added to the Deed of
<br />Trust in its entirety as follows:
<br />1.7 Obligations Secured. This Deed of Trust secures all of the Obligations of
<br />Trustor, including all principal indebtedness evidenced by (a) a Secured Promissory Note
<br />— Tranche I from Trustor to Beneficiary dated as of June 30, 2011, in the original
<br />principal amount of $75,000,000.00, with a final payment due on July 1, 2021, (b) a
<br />Secured Promissory Note — Tranche II from Trustor to Beneficiary dated as of June 30,
<br />2011, in the original principal amount of $15,000,000.00, with a final payment due on
<br />July 1, 2021 and (c) a Secured Promissory Note — Tranche III from Trustor to Beneficiary
<br />dated as of May 17, 2013 in the original principal amount of $8,000,000.00, with a final
<br />payment due on July 1, 2021.
<br />3. Amendment to Exhibit A of the Deed of Trust. Exhibit A of the Deed of Trust is hereby
<br />amended and restated in its entirety by the Exhibit A attached hereto.
<br />4. Deed of Trust Remains Effective. This Amendment is a modification only and not a
<br />novation of the Deed of Trust. Except as specifically provided herein, the Deed of Trust, shall be and
<br />remains in full force and effect and not modified or further amended or changed hereby. The execution,
<br />delivery and effectiveness of this Amendment shall not, except as expressly provided herein, operate as a
<br />waiver of any right, power or remedy of MetLife under the Deed of Trust, nor constitute a waiver of any
<br />provision of the Deed of Trust. In all respects not inconsistent herewith, the Deed of Trust shall otherwise
<br />remain unaffected, unchanged and unimpaired.
<br />5. Governing Law. This Amendment shall be governed and construed in accordance with
<br />the laws of the State of Nebraska.
<br />6. Execution. All action on the part of Trustor necessary for the valid execution and
<br />delivery of this Amendment, has been duly and effectively taken and such Amendment in the hands of
<br />MetLife, its successors and assigns, will be legal, valid and binding obligation of the Trustor and
<br />enforceable according to the terms hereof and thereof.
<br />7. Counterparts. This Amendment may be executed in any number of counterparts, each of
<br />which for all purposes shall be deemed to be an original and all of which shall constitute one agreement.
<br />8. Certain Definitions. All statements or references within the text of the Deed of Trust to
<br />the "Deed of Trust" shall mean and be references to the Deed of Trust, as amended by this Amendment;
<br />and all statements or references within the text of the Deed of Trust to the "Loan Agreement," shall mean
<br />and be references to the "Loan Agreement ", as defined in this Amendment.
<br />DOCS /1171851.1 2
<br />
|