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W <br />P <br />• THIS FIFTH MORTGAGE LOAN EXTENSION AND MODIFICATION AGREEMENT (this <br />"Agreement") is made effective May 31, 2019, by and between GRAND ISLAND JOINT VENTURE, <br />Of <br />LLC, a Missouri limited liability company ("Borrower"), and FIRST NATIONAL BANK OF OMAHA, <br />a national banking association ("Lender"). <br />3 <br />e% Preliminary Matters <br />WHEN RECORDED, PLEASE RETURN TO: <br />Mortgage Loan Department <br />First National Bank of Omaha <br />Third Floor, First National Plaza <br />11404 West Dodge Road <br />Omaha, Nebraska 68154 <br />r7t <br />FIFTH MORTGAGE LOAN EXTENSION AND MODIFICATION AGREEMENT <br />(Grand Island JV Construction) <br />1. Original Loan. On or about the 31st day of March, 2015, Borrower secured a loan from <br />Lender in the original amount of Twelve Million Five Hundred Thousand and 00/100 Dollars <br />($12,500,000.00) (the "Loan"), as evidenced by Borrower's Promissory Note to Lender dated March 31, <br />2015, in the amount of $12,500,000.00 (the "Original Promissory Note") and secured by a Deed of Trust, <br />Security Agreement and Assignment of Rents, as hereinafter described, on the real estate in Hall County, <br />Nebraska, as legally described on Exhibit "A" attached hereto (the "Mortgaged Property"). The Loan <br />was modified by a Loan Modification Agreement dated October 21, 2015, by Second Loan Modification <br />Agreement dated March 7, 2016, by a Third Mortgage Loan Extension and Modification Agreement <br />dated November 21, 2016 (the "Third Modification Agreement") and Modified Promissory Note dated <br />November 21, 2016 in the amount of Twelve Million Ninety Three Thousand Eight Hundred Ninety <br />Three and 10/100 Dollars ($12,093,893.10) (the "First Modified Note") and was further modified by a <br />Fourth Mortgage Loan Extension and Modification Agreement dated April 1, 2018 and Second Modified <br />Promissory Note dated April 1, 2018 in the amount of $12,093,893.10 (the "Second Modified Note"). <br />Lender and Borrower have agreed to extend the term of the Loan provided certain conditions are satisfied <br />and effect certain other modifications of the Loan. The parties agree that the unpaid principal balance <br />presently advanced and outstanding on the Loan and Second Modified Note is the sum of $11,874,080.95 <br />as of the date hereof. <br />2. Loan Documents. The obligations of Borrower in connection with the Loan, as <br />amended, are evidenced, secured and/or guaranteed by documents and agreements executed <br />contemporaneously with the Original Promissory Note which, as amended and modified by the First <br />Modification Agreement, the Second Modification Agreement, Third Modification Agreement, the Fourth <br />t 40./ <br />