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AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
<br />SECURITY AGREEMENT AND FIXTURE FILING
<br />THIS AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND
<br />RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this "Agreement ") is made
<br />as of Plata 12. , 2018, by and between KM GRAND ISLAND JOINT VENTURE,
<br />LLC, a Missouri limited liability company, with an address at 2127 Innerbelt Business Center
<br />Drive, Suite 310, St. Louis, Missouri 63114 (the "Borrower ") and OLD REPUBLIC
<br />NATIONAL TITLE INSURANCE COMPANY with an address at 400 Second Avenue South,
<br />Minneapolis, MN 55401 (the "Trustee ") and SIMMONS BANK (f /k/a SIMMONS FIRST
<br />NATIONAL BANK), a national banking association, its successors and assigns, with an address
<br />at 8151 Clayton Road, St. Louis, Missouri 63117 (the "Lender ")
<br />WITNESSETH:
<br />201801533
<br />WHEREAS, Lender extended certain financing to Borrower in the amount of Six Million
<br />Five Hundred Thousand and No /100 Dollars ($6,500,000.00) (the "Original Loan ") pursuant to
<br />the terms of a certain Construction Loan Agreement dated as of December 22, 2015, between
<br />Lender and Borrower (the "Loan Agreement ");
<br />WHEREAS, Borrower executed and delivered a certain promissory note to evidence the
<br />Loan for the sum of Six Million Five Hundred Thousand and No /100 Dollars ($6,500,000.00)
<br />dated as of December 22, 2015, payable to the order of Lender on December 21, 2020
<br />(hereinafter referred to as the "Original Note "); and
<br />WHEREAS, the Original Note is secured by, among other things, a certain Deed of Trust,
<br />Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by Borrower
<br />dated as of December 22, 2015, and recorded as Instrument Number 201508663 in the Office of
<br />the Register of Deeds for Hall County, Nebraska which constitutes a lien on the real estate (the
<br />"Property ") described on Exhibit A, attached hereto and incorporated herein (hereinafter referred
<br />to as the "Mortgage "); and
<br />WHEREAS, Borrower desires to borrow additional funds from Lender in an amount
<br />equal to One Million Two Hundred Five Thousand Eight Hundred Forty -Eight and No /100
<br />Dollars ($1,205,848.00) (the "Additional Loan") pursuant to the terms of a certain Second
<br />Modification Agreement between Borrower and the Lender dated as of the date hereof; and
<br />WHEREAS, the Original Loan and the Additional Loan are hereinafter collectively
<br />referred to as the "Loan "); and
<br />WHEREAS, the Loan is evidenced by a certain Amended and Restated Promissory Note
<br />in the principal amount of Seven Million Seven Hundred Five Thousand Eight Hundred Forty
<br />Eight and No /100 Dollars ($7,705,848.00) by the Borrower in favor of the Lender dated as of the
<br />date hereof (the "Note "); and
<br />WHEREAS, the Lender has agreed to advance the Additional Loan to the Borrower and
<br />Borrower and Lender desire to, among other things, amend the Mortgage to provide for the
<br />Additional Loan;
<br />61840205.4
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