Prepared by and return to: Darrell D. Garvey, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Orlando, Florida 32801Mortgage Modification and Amended and Restated Mortgage and Security Agreement • March 7th, 2005 • Inland Western Retail Real Estate Trust Inc • Real estate investment trusts • Florida
THIS MORTGAGE MODIFICATION AND AMENDED AND RESTATED MORTGAGE AND SECURITY AGREEMENT AMENDS AND RESTATES THAT CERTAIN NOTICE OF FUTURE ADVANCE, MORTGAGE MODIFICATION AND AMENDED AND RESTATED MORTGAGE AND SECURITY AGREEMENT DATED FEBRUARY 26, 2004 AND RECORDED ON MARCH 1, 2004 IN OFFICIAL RECORDS BOOK 5212, PAGE 2259 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AS ASSUMED BY BORROWER PURSUANT TO THAT CERTAIN ASSUMPTION AGREEMENT OF EVEN DATE HEREWITH (THE “ASSUMPTION AGREEMENT”), AND SECURES THE RENEWAL NOTE REFERRED TO HEREIN IN THE ORIGINAL PRINCIPAL AMOUNT OF FIFTEEN MILLION SIX HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED ELEVEN AND NO/100 DOLLARS ($15,656,511.00) (THE “RENEWAL NOTE”). THE RENEWAL NOTE AMENDS, RESTATES AND RENEWS THAT CERTAIN FUTURE ADVANCE AND RENEWAL NOTE IN THE STATED PRINCIPAL SUM OF FIFTEEN MILLION EIGHT HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($I5,850,000.00) DATED FEBRUARY 27, 2004.
