EXHIBIT 10.2
(COAMERICA LOGO)
AMENDMENT TO MASTER REVOLVING NOTE
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This Amendment to Master Revolving Note ("Amendment"), made, delivered, and
effective as of September 27, 2006, by and between FAMILY HOME HEALTH SERVICES
INC., a Nevada corporation ("Borrower"), of 000 X. Xxx Xxxxx Xxxxx, Xxxxx 000,
Xxxxxxxx, Xxxxxxxx 00000-0000 and COMERICA BANK, a Michigan banking corporation
("Bank"), whose address is 000 Xxxxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000.
WHEREAS, Borrower and Bank are parties to that certain Master Revolving Note in
the original principal amount of $1,300,000 dated November 10, 2005 ("Note");
and
WHEREAS, Bank and Borrower desire to amend the Note as set forth below;
NOW, THEREFORE, in consideration of the premises and the mutual promises
contained in this Amendment, Borrower and Bank agree as follows:
1. The face amount of the Note is now increased to One Million Eight
Hundred Thousand Dollars ($1,800,000).
2. Borrower is responsible for all costs incurred by Bank, including
without limit reasonable attorney fees, with regard to the preparation
and execution of this Amendment.
3. The execution of this Amendment shall not be deemed to be a waiver of
any Default or Event of Default.
4. All the terms used in this Amendment which are defined in the Note
shall have the same meaning as used in the Note, unless otherwise
defined in this Amendment.
5. Borrower waives, discharges, and forever releases Bank, Bank's
employees, officers, directors, attorneys, stockholders, and their
successors and assigns, from and of any and all claims, causes of
action, allegations or assertions that Borrower has or may have had at
any time up through and including the date of this Amendment, against
any or all of the foregoing, regardless of whether any such claims,
causes of action, allegations or assertions are known to Borrower or
whether any such claims, causes of action, allegations or assertions
arose as result of Bank's actions or omissions in connection with the
Note, or any amendments, extensions or modifications thereto, or Bank's
administration of the debt evidenced by the Note or otherwise.
6. This Amendment is not an agreement to any further or other amendment of
the Note.
7. Borrower expressly acknowledges and agrees that except as expressly
amended in this Amendment, the Note, as amended, remains in full force
and effect and is ratified, confirmed and restated.
IN WITNESS WHEREOF, the parties have executed and delivered this Amendment on
the date set forth above.
COMERICA BANK FAMILY HOME HEALTH SERVICES INC.
By: By:
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Xxxxxxx X. Xxxxxxxx Xxxxx Xxxxx
Its: Vice President Its: CEO
