AMENDMENT OF AGRICULTURAL CREDIT AGREEMENT
This Amendment of Agricultural Credit Agreement ("Amendment") is made and
entered into this 25th day of June, 1997 by and between SANWA BANK CALIFORNIA
(the "Bank") and XXXXXX VINEYARDS INC. (the "Borrower") with respect to the
following:
This Amendment shall be deemed to be a part of and subject to that certain
agricultural credit agreement between the parties hereto and dated as of June
4, 1997, as it may have been or be amended from time to time, and any and all
addenda, riders, exhibits and schedules thereto (collectively, the
"Agreement"). Unless otherwise defined herein, all terms used in this
Amendment shall have the same meanings as in the Agreement. To the extent
that any of the terms or provisions of this Amendment conflict with those
contained in the Agreement, the terms and provisions contained herein shall
control.
WHEREAS, the Borrower and the Bank mutually desire to extend, amend and/or
modify the Agreement.
NOW THEREFORE, for value received and hereby acknowledged, the Borrower and
the Bank agree as follows:
1. REVISED ASSUMPTION AGREEMENT. The dollar amount contained in section
6.17 of the Agreement, which is currently $1,560,000.00, is hereby modified
and changed to be $2,835,000.00.
2. INCORPORATION INTO AGREEMENT. On and after the effective date of this
Amendment, each reference in the Agreement to "this Agreement", "hereunder",
"hereof", "herein" or words of like import referring to the Agreement shall
mean and be referenced to the Agreement as amended by this Amendment.
3. NO WAIVER. The execution, delivery and performance of this Amendment
shall not, except as expressly provided herein, constitute a waiver of any
provision of, or operate as a waiver of any right, power or remedy of the
Bank under, the Agreement.
4. CONFIRMATION OF OTHER TERMS AND CONDITIONS. Except as specifically
provided in this Amendment, all other terms, conditions and covenants of the
Agreement which are unaffected by this Amendment shall remain unchanged and
shall continue in full force and effect and the Borrower hereby covenants and
agrees to perform and observe all terms, covenants and agreements provided
for in the Agreement, as hereby amended.
IN WITNESS WHEREOF, this Amendment has been executed by the parties hereto as
of the date first hereinabove written.
BANK: BORROWER:
SANWA BANK CALIFORNIA XXXXXX VINEYARDS CALIFORNIA INC.
FKA XXXXXX VINEYARDS INC.
By: /s/ Xxxxxx X. Xxxxxxxxx By: /s/ Xxxxxx X. Xxxxxx
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Xxxxxx X. Xxxxxxxxx, Authorized Officer Xxxxxx X. Xxxxxx, President
By: /s/ Xxxxxx X. Xxxxx
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Xxxxxx X. Xxxxx, Secretary
