AMENDMENT NO. 5 AND ADDENDUM TO REVOLVING PROMISSORY NOTE (AD&C LOAN)Bluegreen Corp • April 5th, 2012 • Real estate agents & managers (for others)
BY THIS AMENDMENT NO. 5 AND ADDENDUM TO REVOLVING PROMISSORY NOTE (AD&C LOAN) (“Amendment”) dated as of March 30, 2012, BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation (“BVU”), and BLUEGREEN NEVADA, LLC, a Delaware limited liability company (“Bluegreen Nevada” and collectively with BVU, the “Borrower” or “Maker”), and RESORT FINANCE AMERICA, LLC, a Delaware limited liability company (“Lender” or “Holder”), successor-by-assignment to GMAC Commercial Finance, LLC, a Delaware limited liability company (“GMACCF”), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby confirm and agree as follows:
FIFTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) AND AMENDMENT TO PROJECT LOAN COMMITMENTFifth Modification Agreement • April 5th, 2012 • Bluegreen Corp • Real estate agents & managers (for others) • Arizona
This Fifth Modification Agreement (AD&C Loan Agreement) and Amendment to Project Loan Commitment (this “Amendment”), dated as of March 30, 2012 (subject to the effectiveness hereof as provided in Paragraph 12 below, the “Effective Date”), is entered into by and among (i) Bluegreen Vacations Unlimited, Inc., a Florida corporation (“Bluegreen Vacations”), (ii) Bluegreen Nevada, LLC, a Delaware limited liability company (“Bluegreen Nevada”) (collectively, “Borrower”), (iii) Bluegreen Corporation, a Massachusetts corporation (“Bluegreen”, and collectively with Borrower, the “Borrower Parties”), and (iv) Resort Finance America, LLC, a Delaware limited liability company (“Lender”), successor-by-assignment to GMAC Commercial Finance, LLC, a Delaware limited liability company (“GMACCF”).
ContractBluegreen Corp • April 5th, 2012 • Real estate agents & managers (for others) • Nevada
This instrument was prepared by: John O. Sutton, Jr., Esq. K&L Gates LLP 301 Commerce, Suite 3000 Fort Worth, Texas 76102 Recording requested by and when recorded mail to: John O. Sutton, Jr., Esq. K&L Gates LLP 301 Commerce, Suite 3000 Fort Worth, Texas 76102
