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EXHIBIT 10.15
AMENDMENT TO ASSIGNMENT OF LEASES AND RENTS
THIS AMENDMENT is made and entered into as of the 23rd day of March,
1999, by and between FIRST BANK having its principal place of business in the
County of St. Louis, Missouri (hereinafter referred to as "Lender") and EBS
BUILDING, L.L.C., a Delaware Limited Liability Corporation, residing or having
its principal place of business at 000 Xxxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx 00000
in the City of St. Louis, Missouri (hereinafter referred to as "Borrower").
WITNESSETH:
WHEREAS, Lender has advanced certain funds to Borrower in the past; and
WHEREAS, said advance was secured by an Assignment of Leases and Rents
recorded in the Recorder of Deeds Office in the City of St. Louis, at Book 1374,
Page 1259, (the "Assignment"); and
WHEREAS, said Assignment provides for future advances and future
obligations to be secured thereby and governed by Section 443.055 RSMo.;
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good
and valuable considerations paid by Trustee, the receipt and sufficiency of
which is hereby acknowledged by Borrower, it is agreed as follows:
1. The Assignment is amended by deleting the first paragraph on page 3
thereof and inserting the following in lieu thereof:
The total amount outstanding or the total amount of obligations secured
at any time which is secured by this Assignment, excluding any interest and any
amounts advanced by Lender for the protection of the security interest herein
granted or amounts advanced or obligations incurred or evidenced for the
completion of a contemplated improvement under a construction loan agreement,
shall not exceed Six Million Dollars ($6,000,000). This Assignment, including
any future advances or future obligations, shall be governed by all provisions
of Section 443.055 of the Revised Statutes of Missouri in effect as of the date
hereof.
2. The lien of the original Assignment and the covenants and agreements
therein, and in the note originally secured by the Assignment and all other
obligations secured thereby, except as herein modified, shall be and remain in
full force and effect, subject to all of the conditions and provisions contained
in the note secured by the original Assignment and other obligations in the
Assignment. Borrower hereby assumes and agrees to be bound by and to perform all
of the covenants and agreements contained in the note originally secured by the
Assignment, and other obligations in the Assignment to be performed by the
makers thereof, at the times and in the
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manner therein specified, except as expressly modified and/or extended herein.
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IN WITNESS WHEREOF, this Amendment has been duly executed by the
undersigned as of the 23rd day of March, 1999.
EBS BUILDING, L.L.C.
By: PricewaterhouseCoopers LLP, manager
(SEAL)
By: /s/ Xxxxx X. Xxxxxx
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Xxxxx X. Xxxxxx, Partner
FIRST BANK
By: /s/ Xxxxxxx X. Whites
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Xxxxxxx X. Whites, Vice President
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STATE OF MISSOURI )
) SS.
COUNTY OF ST. LOUIS )
On this day of March, 1999, before me appeared Xxxxx X. Xxxxxx, to
me personally known, who, by me being duly sworn did say that he is a partner of
PricewaterhouseCoopers LLP, a limited liability partnership, and the said
limited liability partnership is the manager of EBS Building, L.L.C., a limited
liability company and said Xxxxx X. Xxxxxx acknowledged that he executed the
same in behalf of said limited liability partnership and said limited liability
company and said Xxxxx X. Xxxxxx acknowledged said instrument to be the free act
and deed of said limited liability partnership and said limited liability
company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office in the county or city and state aforesaid, the day
and year last above written.
/s/ Xxxxx X. Xxxxx
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Notary Public
My Term Expires: 1/9/2001
LENDER ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF ST. LOUIS )
On this day of March, 1999, before me appeared Xxxxxxx X. Whites,
to me personally known, who, being by me duly sworn, did say that he is a Vice
President of First Bank, a Missouri banking corporation and that the seal
affixed to the foregoing instrument is the corporate seal of said corporation,
and that said instrument was signed and sealed in behalf of said corporation, by
authority of its Board of Directors; and said Xxxxxxx X. Whites acknowledged
said instrument to be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed an
official seal at my office in the county or city and state aforesaid, the day
and year last above written.
/s/ Xxxxxx X. Xxxxx
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Notary Public
My Term Expires: July 1, 2001
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