AMENDMENT TO SENIOR SUBORDINATED NOTE
Exhibit 10.23
AMENDMENT TO SENIOR SUBORDINATED NOTE
THIS AMENDMENT (the “Amendment”), dated as of this 10th day of August, 2007 by and
between ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 000
Xxxxxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxxxxx 00000 (“Maker”) and GDBA INVESTMENTS, LLLP, a
Colorado limited liability limited partnership, having an office at 0000 Xxxxx Xxxxxx, Xxxxxx,
Xxxxxxxx 00000 (“Holder”).
WHEREAS, Maker has executed and delivered to Holder a Senior Subordinated Note dated September
28, 2006 (the “Note”) to evidence Maker’s indebtedness to Holder in the principal amount of Three
Million Five Hundred Thousand Dollars ($3,500,000.00); and
WHEREAS, Maker and Holder amended such Senior Subordinated Note (“Amendment No. 1”) on March
30, 2007 to further subordinate the Note to a credit facility to be extended to Maker by United
Western Bank and otherwise modify certain terms and provisions of the Note; and
4. Governing Law. The terms and conditions of this Amendment shall be governed by the
applicable laws of the State of Colorado.
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MAKER: | ||||||||
ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation |
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By: | /s/ Xxxxx X. Xxxxxxx III | |||||||
Name: | Xxxxx X. Xxxxxxx III | |||||||
Title: | Chief Financial Officer | |||||||
HOLDER: | ||||||||
GDBA INVESTMENTS, LLLP, a Colorado limited liability limited partnership |
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By: | /s/ G. Xxxxx Xxxxxxx | |||||||
Name: | G. Xxxxx Xxxxxxx | |||||||
Title: | Partner | |||||||
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