EXHIBIT 10.65
FIRST AMENDMENT TO
CREDIT LINE DEED OF TRUST AND SECURITY AGREEMENT
TO SOUTHTRUST BANK N.A.
RELATING TO THE ALSTOM POWER RICHMOND BUILDING
Space Above Reserved for Recording Information
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This instrument prepared by: Cross-reference to instruments
Xxxxxxx X. Xxxxxx, Esq. recorded at:
Xxxx & Xxxxxx LLP Book 3739, Page 000
Xxx Xxxxxxx Xxxxxx - Xxxxx 0000 Book 3739, Page 903
000 Xxxx Xxxxxxxxx Xxxxxx Xxxxxxxxxxxx Xxxxxx, Xxxxxxxx
Xxxxxxx, Xxxxxxx 00000
(000) 000-0000
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FIRST AMENDMENT TO CREDIT LINE
DEED OF TRUST AND SECURITY AGREEMENT
THIS FIRST AMENDMENT TO CREDIT LINE DEED OF TRUST AND SECURITY AGREEMENT
(this "Amendment") is entered as of December 15/th/, 2000, by and between XXXXX
REIT, LLC - VA I, a Georgia limited liability company ("Borrower", and "Grantor"
for indexing purposes), and SOUTHTRUST BANK, an Alabama banking corporation (as
successor by conversion to SouthTrust Bank, National Association, a national
banking association) ("Lender", and "Grantee" for indexing purposes).
R e c i t a l s:
Borrower has heretofore executed and delivered to Lender the following
security documents, each of which has been recorded with the circuit court clerk
of Chesterfield County, Virginia (the "Recording Office"):
(a) Credit Line Deed of Trust and Security Agreement
dated as of December 29, 1999, as recorded in the Recording
Office in Book 3739 at Page 870 (the "Security Instrument");
and
(b) Assignment of Leases and Rents and Leases dated as
of December 29, 1999, as recorded in the Recording Office in
Book 3739, Page 903 (the "Assignment").
The Security Instrument and the Assignment (collectively, the "Security
Documents") secure, among other things, a Loan which has been advanced to
Borrower pursuant to a Loan Agreement described therein between Borrower and
Lender (as heretofore amended, the "Original Loan Agreement"). Borrower and
Lender have entered into an Amended and Restated Loan Agreement dated of even
date herewith (the "Amended Loan Agreement"), pursuant to which the Original
Loan Agreement is amended, restated, and reinstated.
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First Amendment to Credit Line Deed of Trust and Security Agreement - Page 1
Xxxxx REIT, LLC - VA I (ABB Office Building)
To satisfy one of the conditions precedent set forth in the Amended Loan
Agreement, Borrower desires to amend the Security Documents to reflect the
amendment, restatement, and reinstatement of the Original Loan Agreement and the
other documents relating to the Loan.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Borrower and Lender agree as follows:
1. Defined Terms. Capitalized terms used, but not defined, in this
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Amendment shall have the meanings ascribed to them in the Security Instrument.
2. Amendment to Security Documents. The Security Documents are hereby
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amended in the following respects:
(a) All references to the "Loan" in the Security Documents
shall henceforth refer to the Loan as reduced to the principal
amount of $7,900,000.00. Accordingly, all references in the
Security Documents to the words and figures "Nine Million Two
Hundred Eighty Thousand and No/100 Dollars" and "$9,280,000.00"
are hereby deleted, and the words and figures "Seven Million Nine
Hundred Thousand and No/100 Dollars" and "$7,900,000.00" are
hereby substituted in lieu thereof.
(b) All references to the "Loan Agreement" in the Security
Documents shall henceforth refer to the Amended Loan Agreement,
as the Amended Loan Agreement might hereafter be amended,
extended, restated, or consolidated;
(c) All references to the "Note" in the Security Documents
shall henceforth refer to the Amended and Restated Revolving Note
dated of even date herewith in the stated principal amount of
$7,900,000.00, as the same might hereafter be amended, renewed,
extended, increased, consolidated, or restated; and
3. Confirmation of Obligations. As amended hereby, the Security
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Documents shall remain in full force and effect and are hereby ratified and
affirmed in all respects. Any and all references to the Security Documents
contained in any of the other Loan Documents shall henceforth be deemed to refer
thereto as amended hereby.
4. Recordation. Borrower agrees that an original counterpart of this
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Amendment may be recorded with the Recording Office, and Borrower shall pay all
fees and costs incurred by Lender in connection therewith.
5. Document Protocols. This Amendment shall be governed by the Document
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Protocols set forth in Article Nine of the Amended Loan Agreement, which are
incorporated by reference into this Amendment as if fully set forth herein.
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First Amendment to Credit Line Deed of Trust and Security Agreement - Page 2
Xxxxx REIT, LLC - VA I (ABB Office Building)
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and
year first above written, with the intention that this Amendment take effect as
an instrument under seal.
XXXXX REIT, LLC - VA I, a Georgia limited
liability company
By: Xxxxx Real Estate Investment
Trust, Inc.,
a Maryland corporation
Its Sole Manager
By: /s/ Xxxxxxx X. Xxxxxxxx
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Name: Xxxxxxx X. Xxxxxxxx
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Title: Executive Vice President
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[Affix corporate seal]
Acknowledgment
STATE OF GEORGIA )
)
COUNTY OF GWINNETT)
The foregoing instrument was acknowledged and signed before me this 4/th/
day of December, 2000, by Xxxxxxx X. Xxxxxxxx as Executive Vice President of
Xxxxx Real Estate Investment Trust, Inc., a Maryland corporation, which is the
sole manager of Xxxxx REIT, LLC - VA I, a Georgia limited liability company.
My commission expiry: 6-24-2004
Notary Public: /s/ Xxxxxx Xxxx Xxxx
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[EXECUTIONS CONTINUED ON FOLLOWING PAGE]
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First Amendment to Credit Line Deed of Trust and Security Agreement - Page 3
Xxxxx REIT, LLC - VA I (ABB Office Building)
SOUTHTRUST BANK, an Alabama banking
corporation, successor by conversion to
SouthTrust Bank, National Association, a
national banking association
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Title: Vice President
Acknowledgment
STATE OF GEORGIA)
)
COUNTY OF XXXXXX)
The foregoing instrument was acknowledged and signed before me this 15/th/
day of December, 2000, by Xxxxx X. Xxxxxx, as Vice President of SouthTrust Bank,
an Alabama banking corporation.
My commission expiry: 5-16-2003
Notary Public: [ILLEGIBLE]
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[END OF EXECUTIONS]
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First Amendment to Credit Line Deed of Trust and Security Agreement - Page 4
Xxxxx REIT, LLC - VA I (ABB Office Building)
