FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND
FIXTURE FILING dated as of December __, 1996 (as the same may be amended or
otherwise modified from time to time, this "Amendment") by and between CORPORATE
REALTY INCOME FUND I, L.P., a Delaware limited partnership (the "Trustor"),
having an office at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, and FLEET
BANK, NATIONAL ASSOCIATION, a national banking association (the "Beneficiary"),
having an office at 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000.
W I T N E S S E T H:
WHEREAS, the Trustor executed and delivered to the PUBLIC TRUSTEE OF
BOULDER COUNTY, COLORADO (the "Trustee"), for the benefit of the Beneficiary,
that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture
Filing dated September 26, 1996 (as the same may be amended or otherwise
modified from time to time, the "Trust Deed") covering all of the Trustor's
estate in and to all that tract or parcel of land situate, lying and being in
the County of Boulder, State of Colorado, and more particularly described in
EXHIBIT A annexed to and made a part of this Amendment;
WHEREAS, the Trust Deed was recorded by the Boulder County Recorder on
September 30, 1996 as Document # 01646373, Real Estate Records F 2159;
WHEREAS, the Trustor and the Beneficiary are also parties to a Loan
Agreement dated as of September 26, 1996 (as the same may be amended or
otherwise modified from time to time, (the "Loan Agreement") and, pursuant to
the Loan Agreement, the Beneficiary has agreed to lend up to $24,000,000 to the
Trustor, and, to evidence such loans, the Trustor executed and delivered to the
Beneficiary the Note;
WHEREAS, payment of the indebtedness of the Trustor evidenced by the Note
is secured by the Trust Deed;
WHEREAS, the Trustor and Beneficiary are simultaneously herewith entering
into a First Amendment to Loan Agreement and Note for the purpose, among others,
of increasing the principal amount of the Note from $24,000,000 to $44,000,000;
and
WHEREAS, it is a condition precedent to the effectiveness of the First
Amendment to Loan Agreement and Note
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that each of the parties hereto shall have executed and delivered this
Amendment, thereby amending the Trust Deed and each of the parties hereto is
willing to do so.
NOW, THEREFORE, the parties to this Amendment hereby agree as follows:
1. All capitalized terms used herein without definition and which are
defined in the Trust Deed are used herein with the meanings assigned to such
terms in the Trust Deed.
2. The description in the Trust Deed to the Note being in the principal
amount of $24,000,000 are hereby amended so that all of such references shall be
to a Note in the principal amount of $44,000,000.
3. The granting clauses of the Trust Deed are hereby restated in their
entirety and incorporated herein and the Trustor hereby ratifies and restates
such granting clauses as incorporated herein.
4. The Trust Deed, as modified by this Amendment, and all covenants of the
Trustor made in the Trust Deed are hereby ratified and confirmed by the Trustor
in all respects, and the Trust Deed, as so modified, shall continue in full
force and effect in accordance with its terms.
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IN WITNESS WHEREOF, each of the parties has caused these presents to be
signed and attested, all as of the day and year first above written.
ATTEST: CORPORATE REALTY INCOME FUND I, L.P.
_____________________ By:__________________________________
Xxxxxx X. Xxxxxxx, Xx.,
General Partner
By: 1345 Realty Corporation,
General Partner
By:________________________________
Xxxxxx X. Xxxxxxx, Xx.,President
ATTEST: FLEET BANK, NATIONAL ASSOCIATION
____________________ By:_______________________________
Title:
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STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
On the ___ day of December, 1996, before me personally came XXXXXX X.
XXXXXXX, XX., to me known, who, being by me duly sworn, did depose and say that
he resides at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; that he is the
President of 1345 Realty Corporation, the corporation described in and which
executed the foregoing instrument as a general partner of Corporate Realty
Income Fund I, L.P.; and that he signed his name thereto by order of the board
of directors of said corporation and as and for the act and deed of said
corporation and partnership.
___________________________________
NOTARY PUBLIC
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
On the ____day of December, 1996, before me personally came XXXXXX X.
XXXXXXX, XX., to me known, who, being by me duly sworn, did depose and say that
he resides at 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; that he is a
general partner of Corporate Realty Fund I, L.P., as described in the foregoing
instrument; and that he signed his name thereto as and for the act and deed of
said partnership.
___________________________________
NOTARY PUBLIC
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STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
On the ____day of December, 1996, before me personally came Xxxxx Xxxxxx,
to me known, who, being by me duly sworn, did depose and say that he resides at
00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000; that he is a Vice President of
Fleet Bank, National Association; and that he signed his name thereto as and for
the act and deed of Fleet Bank, National Association.
___________________________________
NOTARY PUBLIC
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SECTION:
BLOCK:
LOTS: 2 and 3
COUNTY: Boulder
Date: As of December __, 1996
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
by and between
CORPORATE REALTY INCOME FUND I, L.P.
("Trustor")
having an office at
000 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
and
FLEET BANK, NATIONAL ASSOCIATION
having its principal office at
00 Xxxx 00xx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000
("Beneficiary")
This instrument prepared by, and after recording please return to:
Loeb & Loeb LLP
000 Xxxx Xxxxxx
Xxx Xxxx, Xxx Xxxx 00000-0000
Attention: Xxxxxxx X. Xxxxxxx, Esq.
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