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EXHIBIT 10.1
THIRD AMENDMENT TO LOAN AGREEMENT
THIS THIRD amendment to LOAN AGREEMENT (the "Agreement") is made and
entered into as of July 1, 2001 by and between Sun Communities Operating Limited
Partnership, a Michigan limited partnership ("Lender"), whose address is 00000
Xxxxxxxxxx Xxxx, Xxxxx 000, Xxxxxxxxxx Xxxxx, Xxxxxxxx 00000, and XXXXXXX
FINANCIAL SERVICES CORPORATION, a Michigan corporation ("Borrower"), whose
address is 000 Xxxx Xxxxx Xxxxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000.
RECITALS:
A. Borrower and Lender have entered into that certain Loan Agreement
dated March 1, 1998, a First Amendment to Loan Agreement dated as of June 11,
1999 and a Second Amendment to Loan Agreement dated as of December 13, 1999
(collectively, the "Loan Agreement").
B. Borrower and Lender desire to amend the Loan Agreement in accordance
with the terms and conditions of this Amendment.
NOW, THEREFORE, the parties agree as follows:
1. Section 1 of the Loan Agreement is hereby deleted in its entirety
and replaced with the following Section 1:
"1. LOAN. Lender will make the following Loan to
Borrower:
Type of Loan Interest Rate Note Amount Maturity
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Line of Credit 8% per annum $50,000,000 Demand
The Loan and any amendments, extensions, renewals, or
refinancing thereof are subject to this Agreement."
2. Unless otherwise modified by this Amendment, all provisions of the
Loan Agreement shall remain in full force and effect.
3. This Amendment may be executed in any number of counterparts, each
of which shall be an original and all of which together shall constitute one and
the same agreement. Facsimile or photographic reproductions of this Amendment
may be made and relied upon to the same extent as though such fax or copy were
an original.
[signature page attached]
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IN WITNESS WHEREOF, the parties have executed this First Amendment to
Loan Agreement as of the date first written above.
BORROWER:
XXXXXXX FINANCIAL SERVICES
CORPORATION, a Michigan corporation
By: /s/ Xxxxxx X. Xxxxx
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Its: President and Chief Executive Officer
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LENDER:
SUN COMMUNITIES OPERATING LIMITED
PARTNERSHIP, a Michigan limited partnership
By: Sun Communities, Inc., a Maryland corporation
Its: General Partner
By: /s/ Xxxx X. Xxxxxxxx
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Its: President
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