|
89._ 101058
<br />fied Class "B" Units ("Third Amendment to Declaration "), which
<br />Third Amendment to Declaration is incorporated herein by: this
<br />reference;
<br />WHEREAS, Lender executed and delivered to Borrower a Partial=
<br />Deed of Reconveyance, dated July 31,•1987 and recorded as Docu-
<br />ment Number 87- 104548 which released Units No. 2018, 201C, and
<br />201D;
<br />WHEREAS, Borrower and Lender executed the'Eighth Modification
<br />of Loan Docuaents, dated as of -tebruary 26, •1988 (Document ,Number
<br />_
<br />88- 101240) which is incorporAi6d.:herein by • this reference.; and
<br />which, among other things red3::., .face amount of the '.3econd
<br />Promissa ' Note from $900, Q ::.k'::f .42, 041 and extended the
<br />maturity +date of the Second Pr pp -i9ca � .4ote to December 31,.,3.988;
<br />WHEREAS., &6r-rower and Leii r executed the Fourth Amendment
<br />'
<br />and AesG theme '' of tke? Firs ier Bank, National Assoc t'~ion,
<br />Lincoln, ra9ka, dons Lc� -- Agreement, stated a of
<br />February•.16w-- Y.9�8., which is incorporated herein by i `aiftrence.:.
<br />r;.,.
<br />( "Fourth A:aenftgmt- to Construction Loam.`.- dgreement "f ;
<br />.
<br />WHEREAS, Borrower and Lender exeiu}t:r_d a Supplemental Assign -'
<br />ment of 4eases, dated �ars of February .,.Z6, 1988, which is incorpo-
<br />rated herein by -t is : revere p , ( "Supplemental Assignment ") ;
<br />WHEREAS, Borrower excscu.ted ,•a Promissory Note Secured By Deed
<br />of Trust for $115,000 dammed as of February 26, 1988, in favor of
<br />Lender or its holder ( "Third Promissory Note "), which is incor-
<br />porated herein.by this reference;
<br />WHEREAS, Arter executed a Sixth Arter Guarantee, dated as of
<br />February 26, 1988, ( "Sixth Guarantee ") in favor of the Lender or
<br />_
<br />the holder of the Second Promissory Note and Third Promissory
<br />Note, which is incorporated herein by this reference;
<br />WHEREAS, Borrower and - Lender executed the Fifth Amendment of
<br />;
<br />the FirsTier Bank, National Association, Lincoln, Nebraska,
<br />Construction Loan Agreement, dated this even date, which is
<br />incorporated herein by this reference ( "Fifth Amendment to
<br />Construction Loan Agreement ");
<br />WHEREAS, the Lender has agreed to further extend the maturity
<br />date of the Second Promissory Vote' to Septaiihdr 30, 1989 and
<br />reduce the interest rate from the Lender's Base Rate plus two
<br />percent down to, Base Rate plus one -half percent:;
<br />WHEREAS, Borrower and Lender desire to redefine the term
<br />"Loan Documents" as that term was defined in the original Agree-
<br />went, Deed of Trust, Original Loan Documents, First Amendment to..,
<br />Construction Loan Agreement, Second Promissory Note, Second Guar-
<br />antee, Aeadvanced Loan Documents, Second Amendment to Construc-
<br />tion Loan Agreement; Fourth Guarantee; Assignment of Leases;
<br />Lower Level Trust Deed; Parking Lot Trust deed; Third Amendment
<br />'
<br />to Construction Loan Agreement; Fifth Guarantee; Fourth Amendment
<br />to Construction Loan Agreement; Supplemental Assignment; Sixth
<br />Guarantee; Third Promissory Note; and Fifth Amendment to
<br />Construction Loan Agreement;
<br />WHEREAS, this Agreement modifies the Deed of Trust, Lower
<br />Level Trust Deed, Parking Lot Trust Deed, Second Promissory Note,
<br />Third Promissory Note-and other Loan Documents as defined herein.
<br />NOW, THEREFORE, Lender and Borrower agree as follows:
<br />1. New Definition of Loan Documents. This Agreement, Fifth
<br />Amendment to Construction Loan Agreement, and Supplemental
<br />Assignment are hereby included in the definition of "Loan
<br />Documents" as that term is defined in the Original Loan Agree-
<br />ment, Deed of Trust, Original Loan Documents, First Amendment to
<br />Construction Loan Agreement, Second Promissory Note, Second
<br />Guarantee, Readvanced Loan Documents, Second Amendment to
<br />Construction Loan Agreement, Fourth Guarantee, Assignment of
<br />Leases, Lower Level Trust Deed, Parking Lot Trust Deed, Third
<br />-
<br />-j-
<br />
|