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that: 4 20180395s of Borrower to Lender including a $230,000.00 Irrevocable Standby Letter of Credit issued by Associated Bank, National Association (the "LOC ") as credit support for this Loan. The LOC will be released once all site improvements have been completed as determined by Lender in its reasonable discretion and all remaining first generation space at the Project has been fully built out. Now, therefore, it is hereby agreed by and among the parties as follows: 5. Incorporation of Preliminary Matters. All of the provisions and statements in the foregoing Preliminary Matters are affirmed by Lender and Borrower. 6. Modified Promissory Note. Concurrently with the execution hereof, Borrower has executed and delivered to Lender a Second Modified Promissory Note in the amount of $12,093,893.10 (the "Second Modified Note "), which the parties agree represents the unpaid principal balance advanced under the Loan, and which the parties agree shall be substituted for the First Modified Note, which shall be cancelled and returned to Borrower. Borrower hereby acknowledges and agrees that the Second Modified Note, and the repayment thereof, shall continue to be secured by the Loan Documents, as amended by this Agreement. 7. Loan Document Modifications. Effective upon the execution hereof: a. The Maturity Date as stated in Section 2(b) of the First Modified Note shall be modified from March 31, 2018 to March 31, 2021; b. The reference to the scheduled Maturity Date of the Promissory Note as set forth in the Deed of Trust is hereby modified to March 31, 2021; c. The Note Rate in the Second Modified Note shall be a fixed rate of 5.01 %; d. All references to the Loan Conversion Covenant minimum debt service coverage ratio covenant in the Loan Documents, shall be waived; e. All reference to the annual debt service covenant in the Building Loan Agreement, First Modified Note, and in any other Loan Documents shall remain as modified by this Agreement. f. Except as modified herein, all of the terms, conditions and provisions of the Loan Documents are hereby ratified and confirmed and shall remain in full force and effect. 8. Representations and Warranties. Borrower hereby represents and warrants to Lender a. To Borrower's knowledge, each of the representations and warranties set forth in this Agreement and in the Loan Documents amended hereby are true and correct as of the date hereof; b. This Agreement constitutes the legal, valid and binding obligation of Borrower and is enforceable in accordance with its terms; and c. As of the date hereof, there exists no event of default under the First Modified Note or any of the other Loan Documents executed by Borrower in connection with the Loan as amended by this Agreement.