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2. The Assignment is hereby amended by deleting Section 14.1 on page 8 of the <br />Assignment and inserting in lieu thereof: <br />61840256.4 <br />201801534 <br />NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Borrower, <br />Borrower and Lender hereby agree as follows: <br />1. The Assignment is hereby amended by deleting Section B. on page 1 of the Assignment <br />and inserting in lieu thereof: <br />Lender has agreed to make a loan to Borrower in the maximum principal amount of Seven <br />Million Seven Hundred Five Thousand Eight Hundred Forty -Eight and 00 /100 Dollars <br />($7,705,848.00) (the "Loan ") pursuant to that certain Construction Loan Agreement dated as of <br />December 22, 2015, as amended by First Modification Agreement dated as of July 31, 2017, and <br />by Second Modification Agreement dated as of inevol -t t o'Z , 2018, between Borrower <br />and Lender (the "Loan Agreement "). The Loan is evidenced by a Promissory Note dated as of <br />even date herewith by Borrower payable to the order of Lender in the original principal amount of <br />$7,705,848.00, as the same may be amended, restated, modified or supplemented and in effect <br />from time to time (the "Note "). <br />14.1. Future Advances. The total amount outstanding at any one time which is secured <br />by this Assignment, excluding any interest and any amounts advanced by Lender for the <br />protection of the security interest herein granted or amounts advanced or obligations incurred for <br />the completion of a contemplated improvement under a construction loan agreement, shall not <br />exceed $7,705,848.00. This Assignment shall be governed by all provisions of Neb. Rev. Stat. § <br />76 -1002 (Reissue 2009). <br />3. The lien of the Assignment and the covenants and agreements therein, except as herein <br />modified, shall be and remain in full force and effect, subject to all of the conditions and provisions <br />contained in the Assignment. <br />4. This Agreement shall not be deemed to constitute an alteration, waiver, annulment, or <br />variation of any of the terms and conditions of the Assignment except as expressly set forth herein. <br />Except as modified herein, the terms of the Assignment shall continue in full force and effect as originally <br />provided. <br />5. For purposes of executing this Agreement, a document (or signature page thereto) signed <br />and transmitted by facsimile machine or telecopier is to be treated as an original document. The signature <br />of any party thereon, for purposes hereof, is to be considered as an original signature, and the document <br />transmitted is to be considered to have the same binding effect as an original signature on an original <br />document. At the request of any party, any facsimile or telecopy document is to be reexecuted in original <br />form by the parties who executed the facsimile or telecopy document. No party may raise the use of a <br />facsimile machine or telecopier or the fact that any signature was transmitted through the use of a <br />facsimile or telecopier machine as a defense to the enforcement of this Agreement or any amendment or <br />other document executed in compliance with this Paragraph. <br />6. This Agreement may be executed by the parties on any number of separate counterparts, <br />and all such counterparts so executed constitute one agreement binding on all the parties notwithstanding <br />that all the parties are not signatories to the same counterpart. <br />SIGNATURE PAGES FOLLOW <br />