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PRIOR : LOAN ACCT. NOTE NOTE MATURITY
OBLIGATION : NUMBER NUMBER DATE AMOUNT DATE
INFORMATION : 3362109701 11/02/00 $700,000.00 12/02/07
:
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:
AMENDED : LOAN ACCT. MODIFICATION NOTE
OBLIGATION : NUMBER NUMBER DATE AMOUNT
INFORMATION : 3362109701 05/25/06 $574,149.57
:
: MATURITY INDEX INTEREST INITIALS
: DATE (w/margin) RATE
: 05/02/26 01 - Mercantile 8.000% WWD
: Prime Rate
:
: Creditor Use Only
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DEBT MODIFICATION AGREEMENT
DATE AND PARTIES. The date of this Debt Modification Agreement (Modification)
is May 25, 2006. The parties and their addresses are:
LENDER:
MERCANTILE EASTERN SHORE BANK (Successor in merger to St. Michaels Bank)
000 Xxxx Xxxxxx
P.O. Box 60
Chestertown, Maryland 21620
BORROWER:
DCA OF VINELAND LLC
a New Jersey Limited Liability Company
Building 0, Xxxxx 0x
Xxxx Xxxxxx Commons
0000 X. Xxxxxxxx Xxx.
Vineland, NJ 08361
1. DEFINITIONS. In this Modification, these terms have the following meanings:
A. Pronouns. The pronouns "I," "me," and "my" refer to each Borrower
signing this Modification, individually and together with their heirs,
executors, administrators, successors, and assigns. "You" and "your"
refer to the Lender, with its participants or syndicators, successors
and assigns, or any person or entity that acquires an interest in the
Modification or Prior Obligation.
B. Amended Obligation. Amended Obligation is the resulting agreement that
is created when the Modification amends the Prior Obligation. It is
described above in the AMENDED OBLIGATION INFORMATION section.
C. Loan. Loan refers to this transaction generally. It includes the
obligations and duties arising from the terms of all documents prepared
or submitted in association with the Prior Obligation and this
modification, such as applications, security agreements, disclosures,
notes, agreements and this Modification.
D. Modification. Modification refers to this Debt Modification Agreement.
E. Prior Obligation. Prior Obligation refers to my existing agreement
described above in the PRIOR OBLIGATION INFORMATION section, and any
previous extensions, renewals, modifications or substitutions of it.
2. BACKGROUND. You and I have previously entered into a Prior Obligation.
As of the date of this Modification, the outstanding, unpaid balance of the
Prior Obligation is $574,149.57. Conditions have changed since the execution
of the Prior Obligation instruments. In response, and for value received,
you and I agree to modify the terms of the Prior Obligation, as provided for
in this Modification.
3. TERMS. The Prior Obligation is modified as follows:
A. Interest. Our agreement for the payment of interest is modified to
read:
(1) INTEREST. Interest will accrue on the unpaid Principal balance of
this Loan at the rate of 8.000 percent (Interest Rate) until May
26, 2006, after which time it may change as described in the
Variable Rate subjection.
(a) Maximum Interest Amount. Any amount assessed or collected as
interest under the terms of this Loan will be limited to the
maximum lawful amount of interest allowed by state or federal
law, whichever is greater. Amounts collected in excess of the
maximum lawful amount will be applied first to the unpaid
Principal balance. Any remainder will be refunded to me.
(b) Statutory Authority. The amount assessed or collected on this
Loan is authorized by Subtitle 1, Section 12-103(e) of Title 12
of the Commercial Law Article of the Annotated Code of Maryland.
(c) Accrual. Interest accrues using an Actual/360 days counting
method.
(d) Variable Rate. The Interest Rate may change during the term of
this transaction.
(1) Index. Beginning with the first Change Date, the Interest
Rate will be based on the following index: Mercantile Prime
Rate.
The Current Index is the most recent index figure available on
each Change Date. You do not guaranty by selecting this Index,
or the margin, that the Interest Rate of the Loan will be the
same rate you charge on any other loans or class of loans you
make to me or other borrowers. If this Index is no longer
available, you will substitute a similar index. You will give me
notice of your choice.
(2) Change Date. Each date on which the Interest Rate may change
is called a Change Date. The Interest Rate may change May 26,
2006 and daily thereafter.
(3) Calculation Of Change. On each Change Date you will calculate
the Interest Rate, which will be the Current Index. The
result of this calculation will be rounded to the nearest
.001 percent. Subject to any limitations, this will be the
Interest Rate until the next Change Date. The new Interest
Rate will become effective on each Change Date. The Interest
Rate and other charges on the Loan will never exceed the
highest rate or charge allowed by law for the Loan.
(4) Effect Of Variable Rate. A change in the Interest Rate will
have the following effect on the payments: The amount of
scheduled payments and the amount of the final payment will
change.
B. Payments. The payment provision is modified to read:
(1) PAYMENT. I agree to pay the Loan in installments of Principal and
of accrued interest. I will make payments of accrued interest
beginning Jun 12, 2006, and then on the 2nd day of each month
thereafter. I will make Principal payments of $2,401.53 beginning
June 2, 2006, and then on the 2nd day of each month thereafter. A
final payment of Principal, together with any accrued but unpaid
interest, will be due May 2, 2026.
Payments will be rounded up to the nearest $.01. With the final
payment I also agree to pay any additional fees or charges owing
and the amount of any advances you have made to others on my
behalf. Payments scheduled to be paid on the 29th, 30th or 31st
day of a month that contains no such day will, instead, be made on
the last day of such month.
X. Xxxx and Charges. As additional consideration for your consent to
enter into this Modification Agreement, I agree to pay, or have paid
these additional fees and charges:
(1) Late Charge. If a payment is more than 15 days late, I will be
charged 10.000 percent of the Unpaid Portion of Payment* or
$.10.00, whichever is greater. I will pay this late charge
promptly but only once for each late payment.
* unpaid installments of principal and interest then due
D. Insurance. I understand and agree that any insurance premiums paid to
insurance companies as part of this Amended Obligation will involve
money retained or paid to you as commissions or other remuneration.
(1) Flood Insurance. Flood insurance is not required at this time. It
may be required in the future should the property be included in an
update flood plain map. If required in the future, I may obtain
flood insurance from anyone I want that is reasonably acceptable to
you.
4. CONTINUATION OF TERMS. Except as specifically amended by this
Modification, all of the terms of the Prior Obligation shall remain in full
force and effect.
5. WAIVER. I waive all claims, defenses, setoffs, or counterclaims relating
to the Prior Obligation, or any document securing the Prior Obligation, that
I may have. Any party to the Prior Obligation that does not sign this
Modification, shall remain liable under the terms of the Prior Obligation
unless released in writing by you.
6. REASON FOR MODIFICATION. To change the interest rate and the maturity
date.
7. ADDITIONAL TERMS. The interest rate, repayment terms and/or renewal terms
as set forth above will be subject to review and adjustment every 5 years.
8. SIGNATURES. By signing under seal, I agree to the terms contained in this
Modification. I also acknowledge receipt of a copy of this Modification.
BORROWER:
DCA of Vineland LLC
/s/ Xxxxxx X. Xxxxx
By-----------------------------------(Seal)
Xxxxxx X. Xxxxx, Treasurer
