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201903421 <br />Modification Agreement and this Agreement, are hereinafter referred to as the "Loan Documents", that <br />include the following: <br />a. Building Loan Agreement by and between Borrower and Lender; <br />b. Deed of Trust, Security Agreement and Assignment of Rents from Borrower to <br />Lender recorded with the Hall County, Nebraska Register of Deeds, Mortgage <br />Records, on April 3, 2015, as Instrument No. 201502075 (the "Deed of Trust"); <br />c. Assignment of Rents and Leases from Borrower to Lender recorded with the Hall <br />County, Nebraska Register of Deeds, Miscellaneous Records on April 3, 2015, as <br />Instrument No. 201502076; <br />d. Notice of Commencement from Borrower to Lender recorded with the Hall <br />County, Nebraska Register of Deeds, Miscellaneous Records on April 3, 2015, as <br />Instrument No. 201502077; <br />e. an Assignment of Plans, Specifications and Construction Contracts and <br />Agreements from Borrower to Lender; <br />f. Environmental Indemnity Agreement from Borrower to Lender; and <br />g. <br />UCC -1 Financing Statement, <br />and include the Amended and Restated Guarantys of Payment executed jointly and individually by <br />Michael H. Staenberg, individually and as Trustee of the MHS Trust dated January 13, 1986, as amended, <br />and Raymond J. O'Connor, each of which are dated April 1, 2018 (the "Guarantys"). <br />3. Present Ownership. Borrower represents, covenants and warrants to Lender that it <br />remains the owner of the fee title to the Mortgaged Property, subject only to the liens and security <br />interests arising out of the Loan Documents and the exceptions to title set forth in Old Republic National <br />Title Insurance Company ALTA Loan Policy of Title Insurance (Policy Number LX965149) issued at the <br />Loan closing and any subsequent endorsements thereto. <br />follows: <br />4. Modification of Loan. The parties hereto have agreed to modify the Loan terms as <br />a. The term "Loan to Value" shall mean the ratio stated as a percentage of the <br />estimated outstanding Loan balance as of March 31 of the then applicable calendar year as <br />compared to the Value of the Project. <br />b. The term "Value of the Project" shall mean the appraised value of the Project as <br />measured by the Current Appraisal if such Current Appraisal is acceptable to Lender in its sole <br />discretion, or if required by Lender an Updated Appraisal. <br />c. The term "Current Appraisal" shall mean the Northwest Commons Appraisal <br />dated January 19, 2015 conducted by Mainland Valuation Services. <br />d. The term "Updated Appraisal" shall mean an update of the Current Appraisal or <br />any new MAI Appraisal as required by Lender and in either case obtained at the sole cost and <br />expense of Borrower. <br />2 <br />