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201904148
<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 Borrower has requested that the Lender permit the Borrower to enter
<br />into a certain Rate Management Agreement to fix 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; and
<br />WHEREAS, Lender is willing to permit the Borrower to enter into the Swap Transaction
<br />pursuant to the Rate Management Agreement and extend the Maturity Date of the Note provided
<br />that the Borrower agrees to modify certain of the terms and conditions of the Mortgage, pursuant
<br />to and in accordance with the terms of this Agreement.
<br />NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
<br />and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged by
<br />Borrower, it is hereby agreed that the above -referenced Mortgage is amended as follows:
<br />1. Borrower is the current owner of the Property, and there has not been any change
<br />in the title to the Property since the date of the Mortgage.
<br />2. The Mortgage is hereby amended by deleting the first full paragraph starting on
<br />Page 2 of the Mortgage, and inserting in lieu thereof:
<br />To secure (i) the payment when and as due and payable of the principal of and
<br />interest on the Loan or so much thereof as may be advanced from time to time, and any
<br />and all late charges, and all other indebtedness evidenced by or owing under the Note and
<br />any of the other Loan Documents, together with any extensions, modifications, renewals
<br />or refinancings of any of the foregoing, (ii) the payment of all other indebtedness which
<br />this Mortgage by its terms secures, and (iii) the performance and observance of the
<br />covenants and agreements contained in this Mortgage, the Loan Agreement, the Note and
<br />each of the other Loan Documents, including without limitation the obligations of
<br />Borrower to the Lender under any Rate Management Agreement (as such term is defined
<br />in the Loan Agreement) (all of such indebtedness, obligations and liabilities identified in
<br />(i), (ii), and (iii) above being hereinafter referred to as the "Debt"), the Borrower does
<br />hereby GRANT, BARGAIN, SELL, ALIEN, REMISE, RELEASE, CONVEY, ASSIGN,
<br />TRANSFER, PLEDGE, DELIVER, SET OVER, HYPOTHECATE, WARRANT AND
<br />CONFIRM unto the Trustee for the benefit of the Lender its successors and assigns
<br />FRF7R747
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