AUGUST 2010 ALLONGE TO AMENDED AND RESTATED CONSTRUCTION AND SITE DEVELOPMENT LINE OF CREDIT MORTGAGE NOTE
AUGUST 2010 ALLONGE
TO AMENDED AND RESTATED CONSTRUCTION AND SITE
DEVELOPMENT LINE OF CREDIT MORTGAGE NOTE
Payor:
Big Boulder Corporation, Blue Ridge Real Estate Company, BBC Holdings, Inc., BRRE Holdings, Inc., Northeast Land Company, Lake Mountain Company, Jack Frost Mountain Company, Boulder Creek Resort Company, Moseywood Construction Company, individually and doing business as Stoney Run Realty Company and Stoney Run Builders Company, and Jack Frost National Golf Course, Inc. jointly, severally and collectively the "Borrowers")
Payee:
Manufacturers and Traders Trust Company (the "Bank")
Date of Note:
April 20, 2006
Original
Principal Amount:
Ten Million Dollars ($10,000,000.00)
Current
Principal Amount:
Seventeen Million Nine Hundred Thousand Dollars ($17,900,000.00)
NOW, THEREFORE, for good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:
1. This August 2010 Allonge to the Amended and Restated Construction and Site Development Line of Credit Mortgage Note (the "Allonge") shall be and remain attached to and shall constitute an integral part of that certain Construction and Site Development Line of Credit Mortgage Note dated April 20, 2006, executed by Borrower in favor of the Bank, as amended by the Amended and Restated Construction and Site Development Line of Credit Mortgage Note dated June 14, 2007, which, among other things, amended the interest rate and increased the principal amount of the Loan to Twenty Five Million Dollars ($25,000,000.00), as further amended by an Allonge to the Amended and Restated Construction and Site Development Line of Credit Mortgage Note dated October 19, 2009, and as otherwise amended from time to time (collectively the "Note"). Capitalized terms not otherwise defined in this Allonge shall have the meaning ascribed to such terms in the Note.
2. The Maturity Date (as defined in the Note) shall be extended from August 30, 2010 to September 30, 2010. Absent a demand, interest shall continue to be due and payable on a monthly basis as set forth in the Note, for all principal, accrued interest and costs due and payable in full on the earlier to occur of a demand by the Bank or September 30, 2010.
3. Except as amended hereby all of the terms and provisions of the Note shall remain in full force and effect and are hereby reaffirmed and confirmed by the parties thereto, including, but not limited to the confession of judgment and waiver of jury provisions contained therein.
(remainder of this page left intentionally blank)
IN WITNESS WHEREOF, the parties hereto set their hands and seals as of the 23rd day of August, 2010.
ATTEST:
BIG BOULDER CORPORATION
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇, Executive Vice
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
BLUE RIDGE REAL ESTATE COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
BBC HOLDINGS, INC.
/s/ ▇▇▇▇ ▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
President and Treasurer
ATTEST:
BRRE HOLDINGS, INC.
/s/ ▇▇▇▇ ▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇ ▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX I.D. NO. ▇▇-▇▇▇▇▇▇▇
President and Treasurer
ATTEST:
NORTHEAST LAND COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
LAKE MOUNTAIN COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
[SIGNATURES CONTINUED ON NEXT PAGE]
2
ATTEST:
JACK FROST MOUNTAIN COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX I.D. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
BOULDER CREEK RESORT COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
MOSEYWOOD CONSTRUCTION
COMPANY, Individually and d/b/a
STONEY RUN REALTY COMPANY and
d/b/a STONEY RUN BUILDERS COMPANY
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
ATTEST:
▇▇▇▇ ▇▇▇▇▇ NATIONAL GOLF COURSE, INC.
/s/ ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
BY: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Secretary
▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
TAX ID. NO. ▇▇-▇▇▇▇▇▇▇
Executive Vice President and Treasurer
BANK ACCEPTANCE:
MANUFACTURERS AND TRADERS TRUST COMPANY
BY: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Vice President
3