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200407974
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Last modified
10/16/2011 7:36:05 PM
Creation date
10/21/2005 3:23:36 AM
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DEEDS
Inst Number
200407974
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200407974 <br />herein with the same force and effect as though set forth herein in their entirety. The foregoing <br />grant of lien is in addition to and supplemented of and not in substitution for the grant of lien <br />created and provided for by this Indenture, and nothing herein contained shall affect or impair <br />the lien or priority of the Indenture. <br />2. The following paragraph set forth in the Indenture is amended in its entirety to read <br />as follows: <br />NOTICE: This Indenture secures credit in the amount of $21,000,000.00. Loans and <br />advances up to this amount, together with interest are senior to indebtedness to other <br />creditors under subsequently recorded or filed mortgages and liens. <br />3. Grantor hereby represents and warrants to Beneficiary that as of the date hereof <br />each of the representations and warranties set forth in the Indenture as supplemented hereby are <br />true and correct and that no Event of Default (as such term is defined in the Indenture), or any <br />other event which with the lapse of time or the giving of notice, or both, would constitute such an <br />Event of Default, has occurred and is continuing or shall result after giving effect to this <br />Supplement. Grantor hereby repeats and reaffirms all covenants and agreements contained in the <br />Indenture, each and all of which shall be applicable to all of the indebtedness secured by the <br />Indenture as supplemented hereby and to all the properties, rights, interest and privileges subject <br />to the Indenture as supplemented hereby. The Grantor repeats and reaffirms its covenant that all <br />the indebtedness secured by the Indenture as supplemented hereby will be promptly paid as and <br />when the same becomes due and payable. <br />4. All capitalized terms used herein without definition shall have the same meanings <br />herein as they have in the Indenture. The definitions provided herein of any capitalized terms <br />shall apply to such capitalized terms as the same appear in the Indenture as supplemented hereby, <br />all to the end that any capitalized terms defined herein and used in the Indenture as supplemented <br />hereby shall have the same meanings in the Indenture as supplemented hereby as are given to <br />such capitalized terms herein. Without limiting the foregoing, all references in the Indenture to <br />the term "indebtedness hereby secured" shall be deemed references to all the indebtedness, <br />obligations and liabilities secured by the Indenture as supplemented hereby, all references in the <br />Indenture to the term "Notes" shall be deemed references to the New Notes, all references in the <br />Indenture to the term "Credit Agreement" shall be deemed references to the Credit Agreement as <br />amended by the Amendment. <br />5. All of the provisions, stipulations, powers and covenants contained in the Indenture <br />shall stand and remain unchanged and in full force and effect except to the extent specifically <br />supplemented hereby and shall be applicable to all of the indebtedness, obligations and liabilities <br />secured by the Indenture as supplemented hereby. <br />6. Grantor acknowledges and agrees that the Indenture as supplemented hereby is and <br />shall remain in full force and effect, and that the Mortgaged Premises are and shall remain <br />subject to the lien and security interest granted and provided for by the Indenture for the benefit <br />and security of all the indebtedness hereby secured. Without limiting the foregoing, Grantor <br />hereby agrees that, notwithstanding the execution and delivery hereof, (i) all rights and remedies <br />M <br />
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