2019 NNN Loan Agreement. Reference is made to that certain Loan Agreement dated April 30, 2019 between NNN Borrower and Lender (as amended, the “2019 NNN Loan Agreement”), which 2019 NNN Loan Agreement amended, restated, replaced and superseded that certain Business Loan Agreement dated February 20, 2018 between Lender and NNN Borrower and that certain Promissory Note dated February 20, 2018 by NNN Borrower in favor of Lender. Borrower hereby assumes and agrees to pay and perform when due all present and future indebtedness, liabilities and obligations of NNN Borrower under, based upon, or arising out of the 2019 NNN Loan Agreement and all other Loan Documents (as defined in the 2019 NNN Loan Agreement), including without limitation all of the “Obligations” as defined in the 2019 NNN Loan Agreement, as the same are amended hereby. This Agreement amends, restates, replaces and supersedes, in its entirety, the 2019 NNN Loan Agreement. This Agreement does not constitute a novation of the 2019 NNN Loan Agreement but, rather, an amendment and continuation thereof. Without limitation on the generality of the foregoing, Borrower and Lender acknowledge and agree that (i) Purchase Contract Loans that are outstanding under the 2019 NNN Loan Agreement shall be deemed Purchase Contract Loans (as defined in Section 1 of the Schedule to this Agreement) hereunder, (ii) Loans other than Purchase Contract Loans that are outstanding under the 2019 NNN Loan Agreement shall be deemed Other Loans (as defined in Section 1 of the Schedule to this Agreement) hereunder, and such Purchase Contract Loans and Other Loans shall be subject to the terms hereof.
