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202104148
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5/18/2021 3:46:48 PM
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5/18/2021 3:46:47 PM
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DEEDS
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202104148
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202104148 <br />CONSENT AND REAFFIRMATION <br />Dated March 15, 2021 <br />The undersigned having delivered an Amended and Restated Guaranty of Payment dated <br />July 17, 2019, to SIMMONS BANK (the "Lender") (hereinafter the "Guaranty") as an <br />inducement to extend credit to KM GRAND ISLAND JOINT VENTURE, LLC (the <br />"Borrower") pursuant to the Construction Loan Agreement dated as of December 22, 2015, <br />between the Borrower and the Lender (the "Loan Agreement") and pursuant to the Amended and <br />Restated Promissory Note dated as of March 12, 2018, by Borrower in favor of the Lender (the <br />"Note") agrees to the Fourth Modification Agreement between Borrower and Lender dated as of <br />the date hereof (the "Modification Agreement") and agrees that such Modification Agreement <br />shall not affect the undersigned's continued liability to Lender pursuant to the Guaranty. The <br />undersigned specifically understands and agrees that the Liabilities, as such term is defined in the <br />Guaranty, will include the obligations of the Borrower pursuant to the Modification Agreement. <br />The undersigned also represents and warrants to Lender that the undersigned has the legal power <br />and ability to execute and deliver this consent and reaffirmation and that all actions required by <br />the undersigned have been duly taken and that when executed and delivered by the undersigned, <br />this Consent and Reaffirmation shall constitute the undersigned's valid and binding obligation. <br />The undersigned specifically understands and agrees that the Lender is specifically relying on <br />this Consent and Reaffirmation as a condition to the effectiveness of the Modification <br />Agreement. Furthermore, by executing this Consent and Reaffirmation, Guarantor is, among <br />other things, releasing the Lender as more particularly set forth in Section 11 of the Modification <br />Agreement. <br />SIGNATURE PAGES FOLLOW <br />77472029.1 <br />774770,9 4 <br />
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