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201904147
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201904147
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Last modified
12/9/2019 6:39:07 PM
Creation date
7/17/2019 3:50:55 PM
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DEEDS
Inst Number
201904147
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201904147 <br />WHEREAS, Borrower and Lender previously modified the Loan Agreement pursuant to <br />that certain First Modification Agreement dated July 31, 2017 (hereinafter referred to as the <br />"First Modification"); <br />WHEREAS, the Lender extended an additional loan to the Borrower in the amount of <br />One Million Two Hundred Five Thousand Eight Hundred Forty -Eight and 00/100 Dollars <br />($1,205,848.00) (the "Additional Loan") pursuant to the terms of a certain Second Modification <br />Agreement between Borrower and the Lender dated as of March 12, 2018 (the "Second <br />Modification") (the Original Loan and the Additional Loan are hereinafter collectively referred <br />to as the "Loan"); <br />WHEREAS, the Original Loan and the Additional Loan are evidenced by a certain <br />Amended and Restated Promissory Note dated as of March 12, 2018, in the original principal <br />amount of Seven Million Seven Hundred Five Thousand Eight Hundred Forty -Eight and No/100 <br />Dollars ($7,705,848.00) (the "Note"); <br />WHEREAS, the Loan evidenced by the Note is secured by, among other things, (i) that <br />certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing <br />by Borrower for the benefit of Lender dated as of December 22, 2015, and recorded as <br />Instrument Number 201508663 in the Office of the Register of Deeds of Hall County, Nebraska <br />(the "Recorder's Office"), as amended by Amendment to Deed of Trust, Assignment of Leases <br />and Rents, Security Agreement and Fixture Filing by and between Borrower and Lender dated as <br />of March 12, 2018, and recorded as Instrument Number 201801533 in the Recorder's Office <br />(together with all renewals, modifications, increases and extensions thereof, the "Mortgage"), <br />which grants Lender a first priority security interest in the real property described on Exhibit A <br />attached thereto (the "Property"); and (ii) that certain Assignment of Leases and Rents dated as <br />of December 22, 2015, and recorded as Instrument Number 201508664 in the Recorder's Office <br />as amended by First Amendment to Assignment of Leases and Rents by and between Borrower <br />and Lender dated as of March 12, 2018, and recorded as Instrument Number 201801534 in the <br />Recorder's Office (the Assignment of Leases") The Loan Agreement, Note, Mortgage, the <br />Assignment of Leases and each of the other documents evidencing or securing the Loan are <br />hereinafter referred to collectively as the "Loan Documents;" <br />WHEREAS, the current principal balance of the Note is $7,180,945.84; <br />WHEREAS, the Borrower has requested that the Lender permit the Borrower to enter <br />into a certain Rate Management Agreement to hedge the interest rate for all or a portion of the <br />Indebtedness evidenced by the Note (the "Swap Transaction") pursuant to a certain Rate <br />Management Agreement (as such term is defined in the Loan Agreement); <br />WHEREAS, the Borrower has requested that the Lender agree to extend the Maturity <br />Date of the Note; <br />WHEREAS, Lender is willing to permit the Borrower to enter into the Swap Transaction <br />pursuant to the Rate Management Agreement provided that the Borrower agrees to modify <br />certain of the terms and conditions of the Loan Documents, pursuant to and in accordance with <br />the terms of this Agreement; and <br />2 <br />6R676,17 <br />
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