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201904149
<br />SECOND AMENDMENT TO ASSIGNMENT OF LEASES AND RENTS
<br />This SECOND AMENDMENT TO ASSIGNMENT OF LEASES AND RENTS (this
<br />"Agreement") is made as of July /7, 2019, by and from KM GRAND ISLAND JOINT VENTURE,
<br />LLC, a Missouri limited liability company ("Borrower"), having an address at 2127 Innerbelt Business
<br />Center Drive, Suite 200, St. Louis, Missouri 63114, to and for the benefit of SIMMONS BANK (f/k/a
<br />SIMMONS FIRST NATIONAL BANK), a national banking association ("Lender").
<br />WITNESSETH:
<br />WHEREAS, Lender previously extended certain financing to Borrower in the amount of Six
<br />Million Five Hundred Thousand and 00/100 Dollars ($6,500,000.00) (the "Original Loan") pursuant to
<br />the terms of a certain Construction Loan Agreement dated as of December 22, 2015, between Lender and
<br />Borrower (the "Loan Agreement");
<br />WHEREAS, Borrower executed and delivered a certain promissory note to evidence the Original
<br />Loan for the sum of Six Million Five Hundred Thousand and 00/100 Dollars ($6,500,000.00) dated as of
<br />December 22, 2015, payable to the order of Lender on December 21, 2020 (hereinafter referred to as the
<br />"Original Note");
<br />WHEREAS, Borrower and Lender previously modified the Loan Agreement pursuant to that
<br />certain First Modification Agreement dated July 31, 2017 (hereinafter referred to as the "First
<br />Modification");
<br />WHEREAS, the Lender extended an additional loan to the Borrower in the amount of One
<br />Million Two Hundred Five Thousand Eight Hundred Forty -Eight and 00/100 Dollars ($1,205,848.00) (the
<br />"Additional Loan") pursuant to the terms of a certain Second Modification Agreement between Borrower
<br />and the Lender dated as of March 12, 2018 (the "Second Modification") (the Original Loan and the
<br />Additional Loan are hereinafter collectively referred to as the "Loan");
<br />WHEREAS, the Original Loan and the Additional Loan are evidenced by a certain Amended and
<br />Restated Promissory Note dated as of March 12, 2018, in the original principal amount of Seven Million
<br />Seven Hundred Five Thousand Eight Hundred Forty -Eight and No/100 Dollars ($7,705,848.00) (the
<br />"Note");
<br />WHEREAS, the Loan evidenced by the Note is secured by, among other things, (i) that certain
<br />Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing by Borrower for
<br />the benefit of Lender dated as of December 22, 2015, and recorded as Instrument Number 201508663 in
<br />the Office of the Register of Deeds of Hall County, Nebraska (the "Recorder's Office"), as amended by
<br />Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
<br />by and between Borrower and Lender dated as of March 12, 2018, and recorded as Instrument Number
<br />201801533 in the Recorder's Office (together with all renewals, modifications, increases and extensions
<br />thereof, the "Mortgage"), which grants Lender a first priority security interest in the real property
<br />described on Exhibit A attached thereto (the "Property"); and (ii) that certain Assignment of Leases and
<br />Rents dated as of December 22, 2015, and recorded as Instrument Number 201508664 in the Recorder's
<br />Office 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 Recorder's
<br />Office (the Assignment of Leases") The Loan Agreement, Note, Mortgage, the Assignment of Leases
<br />fR67R7151
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