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�� ',�.•� 'aY' .> � � � � A � � � � � � t-.z � � �...�. d°► � � � � � � r � - �o �. � � � c ��' . � N � � � m c, � �n -p _-.,,� r^�'n � � .o #, ' t rv 0 ,� �` y ,� r �� 1 ff� � _, �w� � Q i� � � � 5 �� o --� c � 2 m --► "� O Q � � � = m xs m r � r n � � D ti�� � O N O F---� h--' O G� � � "►�� :�` s THIRD PARTY LENDER A,GREEMENT ��'�� h � o, A'I8TAh THIS THIRD PARTY LENDER AGREEMENT (Agreement) is dated this 19 day of April , 20 11 , by and befinreen INTRUST BAIdK, PI.A. � i arty Lender whose address is 105 I�L Main PO Box 1�chita. KS 67201 , and Frontier Financial Part ers. Inc. _ ,(CDC) whose address is 1512 W 6th Ave.. Suite E. Emporia. KS 66801 RECITALS 1. As described in the "Authorization for Debenture Guarantee (SBA 504 Loan)," as amended (Authorization), and as detailed below, the Third Party Lender will provide term financing (Third Party Loan), and the CDC will provide a loan (the 504 Loan} funded by a debenture issued by the CDC and guaranteed by the U.S. Small Business Administration (SBA), to Borrower and Operating Company, if any, identified below (collectively, Borrower) for purposes of financing the Project described in the Authorization, which involves the acquisition and/or improvement of the real and/or personal property described below, and in E�chibit A attached hereto and incorporated herein by reference (Project Properiy): SBA Loan #: 456-360-5007 SBA Loan Name: Freddv's Frozen Custard - Grand Island Borrower: Custard Cats. LLC Operating Company (if any): N/A Third Party Loan Amount: � 863 0�0 00 Term of Third Party Loan: 10 vears If Real Property — Project Property Address: Street address: 1140 Allen Drive City, State, Zip code: Grand Island, NE, 68802- Attach Legal description as Exhibit A If Personal Property: Describe prop�rty, including name of manufacturer, name of equipment, and applicable serial number(s) or other identifying numbers for property valued at $5000 or more. If needed, attach a more complete description as Exhibit A. 2. The parties have required the Borrower to grant liens or security interests in the Project Prop�rty to secure the separate loans advanced by the parties (Common Collateral), and the lien or security interest held by CDC (CDC Lien) will be junior and subordinate to the lien or security interest held by the Third Party Lender (Third Party Lender Lien), unless CDC and SBA agree otherwise in writing. SBA Form 2287 (September 2010)