Modification of Deed of Trust. The Deed of Trust is modified as follows:
(a) The lien and other terms of the Deed of Trust shall continue to secure the Line as increased hereby, and any subsequent extensions, renewals, amendments, modifications increases or supplements to the Line or the Amended Line Note. Accordingly, each reference in the Deed of Trust (1) to the “Credit Agreement” shall be deemed to be a reference individually and collectively to the Credit Agreement as amended hereby, and all further amendments, modifications or supplements of the Credit Agreement, and (2) to the “Line Note” shall be deemed to be a reference individually and collectively to the Amended Line Note, and all further amendments, modifications, supplements, extensions, renewals or replacements of the Amended Line Note.
(b) Notwithstanding anything to the contrary contained in the Deed of Trust, the maximum amount of principal secured by the Deed of Trust shall be increased to $5,000,000 and the reference to $2,500,000 in Section 2(b) of the Deed of Trust is hereby changed to read as “$5,000,000.”
(c) The Grantor ratifies and confirms the grant of the Property, as defined and as set forth in the Deed of Trust to secure payment of the Secured Indebtedness, as defined therein, and as increased by this Agreement.
(d) The Grantor hereby restates, confirms and ratifies each of the representations and warranties set forth in the Deed of Trust and agrees that a breach or default under this Agreement will constitute a default under the Deed of Trust. Except as specifically modified by this Agreement, the terms and provisions of the Deed of Trust are ratified and confirmed by the parties hereto and remain in full force and effect. The Deed of Trust, as modified hereby, continues to secure the Secured Indebtedness, as defined therein and as increased hereby, with the same priority as before this Agreement was executed and delivered.
Modification of Deed of Trust. (a) All references in the Deed of Trust to the Note shall be deemed to refer to the Note as amended by the Note Modification.
(b) All references in the Deed of Trust to the Loan Agreement shall be deemed to refer to the Loan Agreement as amended by the Amendment to Loan Agreement.
(c) The terms, covenants and conditions of the Loan Agreement, as amended by the Amendment to Loan Agreement, are hereby incorporated in, and made a part of, the Deed of Trust. In the event of any inconsistency between the terms of the Deed of Trust and the terms of the Loan Agreement, the terms of the Loan Agreement shall govern.
Modification of Deed of Trust. Lender and Borrower hereby agree that Paragraph 18 of the Deed of Trust is hereby amended and modified by adding the following language to the end of said paragraph: "Notwithstanding anything herein to the contrary, Grantors may transfer the premises to a limited partnership owned directly or indirectly 100% by Grantors, without the
Modification of Deed of Trust. The Deed of Trust is hereby modified in the following respects:
(a) The first "WHEREAS" paragraph on page 1 of the Deed of Trust is replaced by the following:
Modification of Deed of Trust. This Modification of Deed of Trust (the “Modification”) is entered into and is to be effective this 15th day of October, 1998, with respect to that certain Promissory Note, (the “Promissory Note”), in favor of the CXXXX-XXXXXX COMPANY, (the “Holder”) in the original principal amount of $1,500,000.00 executed by CALPROP CORPORATION, a California Corporation, (“Calprop”) and with respect to that certain Guaranty, (the “Guaranty”), dated May 4, 1998 executed by HUNTERS CHASE, LTD., a Colorado Limited Partnership, (the “Guarantor”), and is based upon the following facts:
Modification of Deed of Trust. (a) The term “Affiliated Guaranty” as used in the Deed of Trust is hereby amended to refer to the Affiliated Guaranty as modified by the First Modification of Affiliated Guaranty.
Modification of Deed of Trust. Assignment of Leases and Rents, Security Agreement and Fixture Filing and Other Loan Documents dated September 8, 2011, between Tiger Properties and Administrative Agent, it is capacity as agent for Original Lender, recorded in Wake County, North Carolina in Book 014456, Page 02698.
Modification of Deed of Trust. A Modification of Deed of Trust executed by Southern Flow; and
Modification of Deed of Trust. Borrower hereby agrees that concurrently herewith, Borrower shall deliver to Bank a Modification to Deed of Trust ("D/T Modification") in recordable form and substance satisfactory to Bank, which D/T Modification shall provide, in part, that the Deed of Trust is modified to secure all of Borrower's obligations to Bank under the Agreement, as amended by this First Amendment and as may be further amended, modified, supplemented or restated from time to time.
Modification of Deed of Trust. The Deed of Trust is modified as follows:
(a) Schedule I attached to this Agreement is hereby attached as Schedule I to the Deed of Trust.
(b) Clause (c) of Paragraph 1.1 is deleted and the following is substituted in lieu thereof:
(c) all obligations of ARC to the Noteholder under that certain Amended and Restated Guaranty dated March ____, 2004 made by ARC for the benefit of the Noteholder, as amended from time to time.