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201401693
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Last modified
8/19/2014 2:25:42 PM
Creation date
3/28/2014 8:25:22 AM
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DEEDS
Inst Number
201401693
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Restated Credit Agreement to evidence the terms and conditions of the Amended Credit Facility, <br />including the New Loan. <br />D. As a condition to making the Amended Credit Facility Wells Fargo required Trustor <br />to enter into this Amendment of Deed of Trust, Security Agreement, Fixture Filing and <br />Assignment of Leases and Rents (this "Amendment"). <br />E. In order to secure the full and punctual payment and performance of all present and <br />future Obligations, Trustor has agreed to execute and deliver this Amendment and by this <br />Amendment, the parties desire to amend the Deed of Trust as set forth below. <br />AGREEMENT <br />-2 <br />201401 693 <br />Now, THEREFORE, in consideration of the foregoing recitals and the mutual agreements <br />herein set forth, and for other good and valuable consideration, the receipt and adequacy of which <br />are hereby acknowledged, Trustor and Wells Fargo hereby agree, to amend the Deed of Trust, as <br />follows: <br />1. Restatement of First "Whereas" Clause in Deed of Trust. The first "Whereas" <br />appearing in the Deed of Trust shall be amended and restated to read in its entirety as follows: <br />WHEREAS, Trustor and Beneficiary (individually and as Agent for <br />the Secured Creditors identified and defined below) have entered <br />into that certain Amended and Restated Credit Agreement, dated as <br />of March e n , 2014 (such Credit Agreement, as the same may from <br />time to time be amended, modified or restated, being hereinafter <br />referred to as the "Credit Agreement"), which amends and restates <br />that certain Credit Agreement dated as of June 30, 2011 and <br />pursuant to which Beneficiary and other lenders and letter of credit <br />issuers which from time to time become party to the Credit <br />Agreement (Beneficiary and such other lenders being hereinafter <br />referred to collectively as the "Lenders" and individually as a <br />"Lender" and such letter of credit issuers being hereinafter referred <br />to collectively as the "L /C Issuers" and individually as a "L/C <br />Issuer "; and Beneficiary, the L/C Issuers, and the Lenders, together <br />with any affiliates of the Lenders party to the Hedge Agreements <br />and/or Funds Transfer and Deposit Account Agreements, being <br />hereinafter referred to collectively as the "Secured Creditors" and <br />individually as a "Secured Creditor") have agreed, subject to <br />certain terms and conditions, to make available to Trustor a <br />revolving credit facility (the "Revolving Credit") in an maximum <br />aggregate principal amount of $350,000,000 (subject to increases) <br />with advances under the Revolving Credit to be evidenced by <br />Revolving Notes of Trustor payable to the order of the respective <br />Lender named thereon and by a Swing Note payable to the order of <br />
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