201801532 - Laserfiche WebLink

Browse

201801532 WHEREAS, the Original Note is secured by, among other things, a certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by Borrower dated as of December 22, 2015, and recorded as Instrument Number 201508663 in the Office of the Register of Deeds of Hall County, Nebraska, which constitutes a lien on the real estate described on Exhibit A, attached hereto and incorporated herein (hereinafter referred to as the "Mortgage "); and WHEREAS, Borrower and Lender previously modified the Loan Agreement pursuant to that certain First Modification Agreement dated July 31, 2017 (hereinafter referred to as the "First Modification "); WHEREAS, Borrower is the owner of the real estate covered by the Mortgage described herein; and WHEREAS, Borrower desires to borrow additional funds from Lender in an amount equal to One Million Two Hundred Five Thousand Eight Hundred Forty -Eight and 00 /100 Dollars ($1,205,848.00) (the "Additional Loan"); WHEREAS, Borrower desires to modify the Loan Documents (hereinafter defined) as herein stated, to provide for the Additional Loan; WHEREAS, Lender has agreed to so modify certain of the terms and conditions of the Loan Documents, pursuant to and in accordance with the terms of this Agreement; and NOW, THEREFORE, in consideration of the extension of the time of payment of the principal sum and certain other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, but subject to all the conditions and provisions contained in the Original Note, the Mortgage, and all other documents evidencing or securing the Loan (the "Loan Documents "), except as herein modified, Borrower hereby agrees to and with Lender and its successors and assigns as follows: 1. All capitalized terms used herein, except as modified hereby shall have the same meanings as set forth in the Loan Documents. 2. Lender is willing to extend additional financing to the Borrower in the amount of the Additional Loan, with the Loan and the Additional Loan to be evidenced by an Amended and Restated Promissory Note dated as of even date herewith by Borrower payable to the order of Lender in the original principal amount of Seven Million Seven Hundred Five Thousand Eight Hundred Forty -Eight and No /100 Dollars ($7,705,848.00), as the same may be amended, restated, modified or supplemented and in effect from time to time (the "Amended and Restated Note ") in form and substance satisfactory to Lender. 3. From and after the date hereof, any references to the "Note" in the Loan Documents shall be deemed to mean the Amended and Restated Note, and any references to the amount of the Note or the amount of the Loan in the Loan Documents shall be amended to mean the amount of the Amended and Restated Note. 61783131.4 2