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201904148
<br />SECOND AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND
<br />RENTS, SECURITY AGREEMENT AND FIXTURE FILING
<br />THIS SECOND AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF
<br />LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (this
<br />"Agreement") is made as of July /7 , 2019, by and between KM GRAND ISLAND JOINT
<br />VENTURE, LLC, a Missouri limited liability company, with an address at 2127 Innerbelt
<br />Business Center Drive, Suite 310, St. Louis, Missouri 63114 (the "Borrower") and OLD
<br />REPUBLIC NATIONAL TITLE INSURANCE COMPANY with an address at 400 Second
<br />Avenue South, Minneapolis, MN 55401 (the "Trustee") and SIMMONS BANK (f/k/a
<br />SIMMONS FIRST NATIONAL BANK), a national banking association, its successors and
<br />assigns, with an address at 8151 Clayton Road, St. Louis, Missouri 63117 (the "Lender").
<br />WITNESSETH:
<br />WHEREAS, Lender previously extended certain financing to Borrower in the amount of
<br />Six Million Five Hundred Thousand and 00/100 Dollars ($6,500,000.00) (the "Original Loan")
<br />pursuant to the terms of a certain Construction Loan Agreement dated as of December 22, 2015,
<br />between Lender and Borrower (the "Loan Agreement");
<br />WHEREAS, Borrower executed and delivered a certain promissory note to evidence the
<br />Original Loan for the sum of Six Million Five Hundred Thousand and 00/100 Dollars
<br />($6,500,000.00) dated as of December 22, 2015, payable to the order of Lender on December 21,
<br />2020 (hereinafter referred to as the "Original Note");
<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 />6Rh7R747
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