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4.10 SR 12-21-2020
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4.10 SR 12-21-2020
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12/28/2020 10:14:15 AM
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Indemnification; and (vii) a First Amendment to Mortgage and Assignment of Rents and Security <br />Agreement and Fixture Financing Statement, dated as of the date hereof (the "First Amendment to <br />Mortgage"), between the Borrower and the Lender, which amends and supplements the Original <br />Mortgage (collectively, the "Amendment Documents"). <br />D. To continue to secure the Loan and to evidence the amendment to the Loan and the <br />Amendment Documents, the Borrower has agreed to execute and deliver to the Lender this First <br />Amendment to Loan Agreement. <br />NOW, THEREFORE, to induce the Lender to amend the terms of the Loan and the Original <br />Loan Agreement, and for good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the parties hereto agree as follows: <br />Amount and Purpose of the Loan. Section 1 of the Original Loan Agreement is hereby <br />deleted and replaced in its entirety with the following: <br />1. Amount and Purpose of Loan. Borrower agrees to take and Lender <br />agrees to make a mortgage loan in the principal amount of One Hundred and Fifty <br />-Four Thousand One Hundred Seventy and 63/100 Dollars ($154,170.63) (the <br />"Loan"), the Loan to be evidenced by the Amended and Restated Note and secured <br />by the First Amendment to Security Agreement, the Amended and Restated <br />Personal Guaranties, the Amended and Restated Entity Guaranty, the First <br />Amendment to the Environmental Indemnification, the First Amendment to the <br />Mortgage and any other security document required under this Agreement. <br />2. Defined Terms. The meanings of the defined terms set forth in the Original Loan <br />Agreement are hereby amended as follows: <br />a. The term "Loan Agreement" shall mean the Original Loan Agreement as <br />amended by the First Amendment to Loan Agreement. <br />b. The term "Security Agreement" shall mean the Original Security Agreement as <br />amended by the First Amendment to Security Agreement. <br />c. The term "Note" shall mean the Original Note as amended and restated by the <br />Amended and Restated Promissory Note. <br />d. The term "Mortgage" shall mean the Original Mortgage as amended by the First <br />Amendment to Mortgage. <br />e. The term "Entity Guaranty" shall mean the Original Entity Guaranty as <br />amended and restated by the Amended and Restated Entity Guaranty. <br />f. The term "Personal Guaranties" shall mean the Original Personal Guaranties as <br />amended and restated by the Amended and Restated Personal Guaranties. <br />Fees and Costs. The Borrower agrees to pay all costs related to the refinancing of the <br />Loan and any documents executed, delivered, and recorded, if necessary, in connection <br />thereto. <br />EL 185\33\69303 Lv2 <br />
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