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fV <br />a <br />W <br />CC11 <br />cny�N�sT • <br />INST 2023 03255 <br />HALL. <br />2023 <br />THIRD PARTY LENDER AGREEMEN <br />CC <br />CASH <br />CHECK LG 4© <br />REFUNDS: <br />CASH <br />CHECK <br />3 <br />THIS THIRD PARTY LENDER AGREEMENT ("Agreement") is dated \54> day of <br />IKAL , 2023, by and between Bruning Bank, ("Third Party Lender") whose address is <br />3032 West Stolley Park Road Grand Island, NE 68801-7227 ,and Nebraska Economic <br />Development Corp., ("CDC") whose address is 4445 South 86th Street, Suite 200 Lincoln, NE <br />68526. <br />RECITALS <br />1. The Third Party Lender and CDC will provide separate loans to the Borrower and Operating Company, if <br />any (collectively "Borrower"), according to the terms in the Authorization for Debenture Guarantee (SBA <br />504 Loan), as amended ("Authorization"). The Third Party Lender will provide term financing ("Third <br />Party Loan"), and the CDC will provide a loan ("504 Loan") funded by a debenture issued by the CDC <br />and guaranteed by the U.S. Small Business Administration ("SBA"), for purposes of financing the Project <br />described in the Authorization, which involves the acquisition and/or improvement of the real and/or personal <br />property described below, and in Exhibit A attached hereto and incorporated herein by reference ("Project <br />Property"): <br />SBA Loan #: 75756782-02 <br />SBA Loan Name: Ken's Appliance, Inc. <br />Borrower: JK Leetch Investments, LLC <br />Operating Company (if any): Ken's Appliance, Inc. <br />Third Party Loan Amount: $1,921,293.39 <br />Term of Third Party Loan: 18.1 Years <br />If Real Property -- Project Property Address: <br />Street address: <br />City, State, Zip Code: <br />2208 N. Webb Road, Unit 1 <br />Grand Island, NE 68803-1739 <br />Attach Legal description as an exhibit <br />Unit 1, Northwest Commons Business Condominiums, organized and existing under the laws of the State <br />of Nebraska pursuant to Declaration of Northwest Commons Business Condominiums recorded June 30, <br />2020 as Instrument No. 202004464, of the Records of Hall County, Nebraska <br />2. The parties have required the Borrower to grant liens on the Project Property to secure the separate loans <br />advanced by the parties ("Common Collateral"), and the lien of the CDC ("CDC Lien") will be junior and <br />subordinate to the lien of the Third Party Lender ("Third Party Lender Lien"), unless Third Party Lender, <br />CDC and SBA agree otherwise in writing. <br />TERMS AND CONDITIONS <br />In consideration of the above, the mutual agreements set forth below, and for other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as <br />follows: <br />SBA Form 2287 (04-18) 1 <br />Previous Editions Obsolete <br />