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202401647 initial capitalized letter that are not otherwise defined herein shall have the meanings ascribed to them by the Loan Agreement. 2. Loan Documents. The obligations of Borrower in connection with the Loan, as amended, are evidenced, secured and/or guaranteed by documents and agreements executed contemporaneously with the Original Promissory Note which, as amended and modified by the First Modification Agreement, the Second Modification Agreement, Third Modification Agreement, the Fourth Modification Agreement, the Fifth Modification Agreement, Credit Relief Agreement, the Sixth Modification Agreement and this Agreement, are hereinafter referred to as the "Loan Documents", that include the following: a. Building Loan Agreement by and between Borrower and Lender; b. Deed of Trust, Security Agreement and Assignment of Rents from Borrower to Lender recorded with the Hall County, Nebraska Register of Deeds, Mortgage Records, on April 3, 2015, as Instrument No. 201502075 (the "Deed of Trust"); c. Assignment of Rents and Leases from Borrower to Lender recorded with the Hall County, Nebraska Register of Deeds, Miscellaneous Records on April 3, 2015, as Instrument No. 201502076; d. Notice of Commencement from Borrower to Lender recorded with the Hall County, Nebraska Register of Deeds, Miscellaneous Records on April 3, 2015, as Instrument No. 201502077; e. an Assignment of Plans, Specifications and Construction Contracts and Agreements from Borrower to Lender; f. Environmental Indemnity Agreement from Borrower to Lender; and g. UCC -1 Financing Statement, and include the Amended and Restated Guarantys of Payment executed jointly and individually by Michael H. Staenberg, individually and as Trustee of the MHS Trust dated January 13, 1986, as amended, and Raymond J. O'Connor, each of which are dated April 1, 2018 (the "Guarantys"). 3. Present Ownership. Borrower represents, covenants and warrants to Lender that it remains the owner of the fee title to the Mortgaged Property, subject only to the liens and security interests arising out of the Loan Documents and the exceptions to title set forth in Old Republic National Title Insurance Company ALTA Loan Policy of Title Insurance (Policy Number LX965149) issued at the Loan closing and any subsequent endorsements thereto. follows: 4. Modification of Loan. The parties hereto have agreed to modify the Loan terms as a. As a condition precedent to Lender's agreement to modify the Loan as described in 4.b. and 4.c. below, concurrent with execution of this Agreement, Borrower shall remit to Lender Three Hundred Thirty One Thousand Twenty -Nine and 43/100 Dollars ($331,029.43) as an additional principal payment against the Loan (the "Principal Paydown"). 2