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<br /> p ;II) r~ <br /> m ~ ("'} (n <br /> - -n c::> <br /> . C ~~ c:::r.:> 0-1 <br /> c')>- <br />N n Z :::D z-1 <br />is) :J: ~ 0 ~ ~ '. c:: ~rn <br />is) ~ rn ;.,... C) -< <br />0) m 0 <br />CS n (J') ~~- t-" 0 ....., <br />-.J ~ :J: ..J:: ....., :T- <br />N ..." <br />N c;;;> tJ: :::r:: rr1 <br />0) ,"1'1 r -0 l>> O'J <br /> 1'Tl ::3 r- ::;0 <br /> co r- l> <br /> if> (f) <br /> G..;) ;:.00;: <br /> ~ );> <br /> N -- <br /> r'\,) (in <br /> fA <br /> <br /> <br /> <br />~ <br /> <br /> <br />When recorded, return to: <br />NEDCO, 1610 S. 701h St., Ste. 201, Lincoln, NE 68506 <br /> <br />TlllRD PARTY LENDER AGREEMENT <br /> <br />This THIRD PARTY LENDER AGREEMENT, dated the L day of August ,2006, by <br />and between Platte Valley State Bank & Trust, whose address is 2223 Second Avenue, PO Box 430, <br />Kearney, Nebraska 68848 (the "Third Party Lender"), and Nebraska Economic Development Corp, whose <br />address is 1610 S. 70th Street, Ste. 201, Lincoln, NE 68506 (the "CDC"), recites and provides: <br /> <br />RECITALS <br /> <br />Kershner Properties, LLC, a Nebraska Limited Liability Company, and Central Nebraska <br />Management, Inc., a Nebraska Corporation, (the "Borrower", whether one or more in number) is the owner <br />of the real estate and other collateral described on the attached Exhibit A (the "Collateral"). The Third <br />Party Lender has made two loans, both of which have been fully advanced, one in the amount of Six <br />Hundred Seventy-Five Thousand Five Hundred and 00/100 Dollars ($675,500.00) (the "Interim Third Party <br />Lender Loan") and a second in the amount of Nine Hundred Sixty-Five Thousand and 00/100 Dollars <br />($965,000.00) (the "Term Third Party Lender Loan"). Both the Term Third Party Lender Loan and the <br />Interim Third Party Lender Loan are secured, among other things, by fIrst lien deeds ofttust or mortgages <br />(together with any modifIcations, extensions or amendments thereof) (the "Third Party Lender Deed of <br />Trust", whether one or more in number) each dated June 28, 2006 and recorded as follows: as Instrument <br />No.20063279 in the land records for Adams County on July 21,2006;as <br />Instrument No. 2006 04290 inthelandrecordsforLincolnCountyon June 2.5L <br />2006; as Instrument No. 2006-5577 in the land records for Buffalo County on <br />July 21 , 2006; and as Instrument No. 200606489 in theland records for Hall ' <br />County on July 21 ,2006. <br /> <br />The CDC has agreed to make several loans to the Borrower, totaling seven hundred thousand and <br />00/100 Dollars ($700,000.00) (the "504 Loans") to the Borrower. The 504 Loans are or will be secured, <br />among other things by deeds ofttust (the "504 Deeds of Trust") recorded among the aforesaid land records. <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual agreements set <br />forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Third Party Lender agrees as follows: <br /> <br />1. Balance of the Third PartY Lender Loan. Following the making of the Borrowers' 504 Loans, <br />the Third Party Lender will receive, in aggregate, six hundred seventy-fIve thousand six hundred fIve and <br />00/100 Dollars ($675,605.00) from the CDC, which the Third Party Lender will apply to pay off the <br />principal balance of the Interim Third Party Lender Loan and, upon the payment of any accrued, but unpaid <br />interest on the Interim Third Party Lender Loan, the Third Party Lender shall record any partial release or <br />satisfaction of the Third Party Lender's Deed of Trust as requested by the CDC, and shall release, cancel or <br />mark as paid all other liens and documents securing the Interim Third Party Lender Loan. <br /> <br />0 ~ <br />N <br />'=' [ <br />c::> 0;- <br />en <br />C) - <br />:3 <br />-l ~ <br />N <br />N 3 <br />CT.> a <br /> ~ <br />V <br />--- <br /> c <br /> 0 <br />