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(a) Section 2.1. Section 2.1 of the Note is hereby deleted in its entirety and the <br />following is substituted therefor: <br />"Construction Loan Maturity Date. All principal and all accrued and unpaid interest and <br />other sums due hereunder shall be due and payable on December 1, 2018 (the <br />"Construction Loan Maturity Date'), subject to extension as provided in Section 2.2. The <br />period from the date of recordation of the Deed of Trust through the Construction Loan <br />Maturity Date is herein referred to as the 'Construction Loan Period."' <br />(b) Section 4.2. Section 4.2(a) of the Note is hereby deleted in its entirety and the <br />following is substituted therefor: <br />"(a) The "Term Loan Interest Rate" shall be the applicable interest rate accruing on <br />this Note during the Term Loan Period determined in accordance with this Section 4.2. <br />For the period of time commencing with the Conversion Date and thereafter until the date <br />that is one hundred eighty (180) months from the Conversion Date (the "Term Loan <br />Interest Rate Reset Date"), the outstanding principal balance of this Note shall bear <br />interest at a fixed interest rate of Five and Sixty -Seven one hundredth percent (5.67%) <br />per annum (the "Initial Term Loan Interest Rate")." <br />(c) Section 6.2(a). Section 6.2(a) of the Note is hereby deleted in its entirety and the <br />following is substituted therefore: <br />"(a) No Prepayment Fee Periods. Borrower may prepay all or a part of the Loan <br />without fee or premium at any time prior to the Conversion Date. <br />Notwithstanding anything to the contrary set forth above, Borrower may prepay the <br />principal balance of this Note prior to the Conversion Date, without fee, premium or penalty, <br />provided that: (a) no prepayment may be made which in Bank's judgment would <br />contravene or prejudice funding under any applicable permanent loan commitment or tri - <br />party agreement or the like; (b) Bank shall have actually received from Borrower prior <br />written notice of (i) Borrower's intent to prepay, (ii) the amount of principal which will be <br />prepaid (the "Prepaid Principal"), and (iii) no prepayment may be made which would reduce <br />the principal balance of the Loan to an amount which is less than $6,420,000 (unless such <br />prepayment is made in order to satisfy the requirements under Section 2.1(b) of the Loan <br />Purchase Agreement and Borrower, concurrent with such prepayment to Bank, delivers to <br />CCRC any "Delivery Assurance Fee" required under the Delivery Assurance Note or the <br />Loan Purchase Agreement) or such lesser amount of the CCRC Purchase Price as may <br />be required to satisfy Section 2.1(b) be permitted pursuant to the terms of the Loan <br />Purchase Agreement. If this Note is prepaid in full, any commitment of Bank for further <br />advances shall automatically terminate." <br />4. Amendment of Loan Agreement. As between Bank and Borrower (and CCRC as <br />successor to Bank), the terms, conditions and covenants of the Loan Agreement are hereby amended as <br />follows: <br />(a) Recital D. Recital D of the Loan Agreement is hereby deleted in its entirety and <br />the following is substituted therefore: <br />"The Loan is due and payable on December 1, 2018, unless further extended pursuant to <br />the terms hereof (the "Construction Loan Maturity Date"). However, if prior to the <br />Construction Loan Maturity Date, Borrower satisfies all "Conversion Conditions" contained <br />in that certain Loan Purchase Agreement of even date herewith by and among Borrower, <br />Lender and CCRC, as amended to date, CCRC will purchase the Loan and the Loan will <br />convert to a term loan not to exceed the principal amount of Six Million Four Hundred and <br />