MORTGAGE NOTE MODIFICATION AGREEMENT AND DECLARATION OF NO SET-OFFMortgage Note Modification Agreement and Declaration • June 9th, 2004 • Alloy Inc • Retail-catalog & mail-order houses
THIS AGREEMENT, made this 19th day of April, 2004, by and between dELiA*s DISTRIBUTION COMPANY, a Delaware corporation (the “Maker”) and MANUFACTURERS AND TRADERS TRUST COMPANY, a New York banking corporation, successor in interest to Allfirst Bank (the “Payee”) to modify the Mortgage Note dated August 6, 1999 (the “Note”), which was given in connection with that certain Open-End Construction/ Permanent Loan Mortgage and Security Agreement also dated August 6, 1999 (the “Mortgage”) to secure payment of an original principal indebtedness of Five Million Three Hundred Twenty Thousand Dollars ($5,320,000.00), said Mortgage having been recorded in York County Record Book 1373, Page 6314, as a lien on and against the Mortgaged Property, as therein described and defined (the “Mortgaged Property”)
