certain Amended and Restated Revolving Promissory Note in the
original principal amount of $4,200,000.00, in favor of Mortgagee (the "Note"),
evidencing the Future Advance and governing the terms and conditions of
advancing same.
G.
Mortgagee and Mortgagor have further
agreed to modify and amend certain terms and conditions of the Mortgage and Loan
Documents to evidence the addition of the Future Advance to the indebtedness
evidenced by the Note.
NOW, THEREFORE, in consideration of the Future Advance, and in consideration of
the premises and of the mutual covenants contained herein, and for other good
and valuable consideration, the receipt and adequacy of which are hereby
acknowledged among the parties, it is agreed as follows:
1.
RECITALS.
THE ABOVE RECITALS ARE TRUE
AND CORRECT AND ARE INCORPORATED HEREIN.
2.
FUTURE ADVANCE.
THIS AGREEMENT
EVIDENCES AN ADDITIONAL ADVANCE MADE BY MORTGAGEE PURSUANT TO THE FUTURE ADVANCE
PROVISION OF THE MORTGAGE REFERRED TO HEREINABOVE.
THIS ADDITIONAL ADVANCE IS
EVIDENCED BY THE NOTE OF EVEN DATE HEREWITH. IT IS AGREED THAT THE INDEBTEDNESS
EVIDENCED BY THE NOTE SHALL BE EQUALLY SECURED WITH AND HAVE THE SAME PRIORITY
AS THE ORIGINAL INDEBTEDNESS AND IS SUBJECT TO ALL OF THE TERMS AND PROVISIONS
OF THE MORTGAGE AND OTHER LOAN DOCUMENTS AS EXPRESSLY MODIFIED HEREIN.
THE
UNDERSIGNED MORTGAGOR PROMISES TO PAY THE INDEBTEDNESS EVIDENCED BY THE NOTE IN
ACCORDANCE WITH THE TERMS AND CONDITIONS INCLUDING THE RATE OF INTEREST AND
OTHER TERMS OF REPAYMENT SET FORTH IN THE NOTE.
3.
AMENDMENTS.
THE NOTE RENEWS AND AMENDS
THE PRIOR NOTE IN ITS ENTIRETY, AND THE LOAN DOCUMENTS ARE HEREBY MODIFIED TO
PROVIDE THAT THE LOAN DOCUMENTS GOVERN AND SECURE THE NOTE, AND ALL REFERENCES
IN THE LOAN DOCUMENTS TO THE NOTE AND INDEBTEDNESS EVIDENCED THEREBY MEAN AND
REFER TO THE NOTE, AND INDEBTEDNESS THEREBY.
A.
THE LOAN AGREEMENT IS MODIFIED IN
ACCORDANCE WITH THE AMENDED AND RESTATED LOAN AGREEMENT OF EVEN DATE HEREOF, AND
ALL REFERENCES IN THE
2
LOAN DOCUMENTS TO LOAN AGREEMENT MEAN AND REFER TO THE AMENDED AND RESTATED LOAN
AGREEMENT.
B.
THE MORTGAGE AND COLLATERAL ASSIGNMENT
ARE HEREBY AMENDED AS FOLLOWS:
I.
THE PAYMENT OF THE NOTE IS AND SHALL BE SECURED BY THE LIENS AND
SECURITY INTERESTS CREATED BY THE MORTGAGE AND COLLATERAL ASSIGNMENT; AND
II.
ALL REFERENCES IN THE MORTGAGE OR THE COLLATERAL ASSIGNMENT TO
THE ORIGINAL OR MAXIMUM AMOUNT OF THE PRINCIPAL INDEBTEDNESS SECURED THEREBY
SHALL BE DEEMED AND CONSTRUED TO REFER TO THE SUM OF $4,200,000.00.
4.
MODIFICATION OF LOAN DOCUMENTS.
THE
TERMS OF THE LOAN DOCUMENTS ARE HEREBY MODIFIED SO AS TO PROVIDE THAT THE
REPAYMENT TERMS OF THE INDEBTEDNESS SECURED THEREBY SHALL ALSO INCLUDE THE
REPAYMENT TERMS OF THE FUTURE ADVANCE AS EVIDENCED BY THE NOTE.
5.
RATIFICATION.
EXCEPT AS HEREIN
MODIFIED AND AMENDED, THE TERMS AND CONDITIONS OF THE NOTE, THE MORTGAGE, THE
LOAN DOCUMENTS AND ALL OF THE DOCUMENTS EXECUTED WITH RESPECT TO THE FOREGOING
ARE HEREBY RATIFIED AND AFFIRMED AND SHALL REMAIN IN FULL FORCE AND EFFECT.
6.
WARRANTIES AND REPRESENTATIONS.
MORTGAGOR AND GUARANTOR