EXHIBIT 10.9
AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE
THIS AMENDMENT TO AMENDED AND RESTATED PROMISSORY NOTE (the
"Amendment") is made and entered into as of December 31, 1998, by and between
Marine Bancshares, Inc., a Florida corporation (the "Borrower") and the
undersigned lender (the "Lender").
WHEREAS, the Borrower and the Lender have previously executed an
Amended and Restated Promissory Note, dated as of November 2, 1998 (the "Note");
and
WHEREAS, the parties now desire to amend the Note on the terms and
conditions set forth herein;
NOW, THEREFORE, in consideration of the above and the mutual covenants
and agreements set forth herein, the parties agree as follows:
1. PAYMENTS; PREPAYMENTS. Section 2 (a) of the Note is hereby amended
by deleting the text "December 31, 1998" and by substituting in lieu thereof
"January 31, 1999".
2. FUNDING FEE. Section 3 of the Note is hereby amended by deleting the
text "December 31, 1998" and by substituting in lieu thereof "January 31, 1999".
3. NO EFFECT ON OTHER PROVISIONS. All provisions of the Note that have
not been amended by this Amendment shall remain in full force and effect.
4. COUNTERPARTS. This Amendment may be executed in two or more
counterparts, all of which, when taken together, shall constitute a single
original. A facsimile copy of this Amendment shall be deemed an original for all
purposes to the maximum extent allowed by law.
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IN WITNESS WHEREOF, each of the parties has caused this Amendment to be
executed on its behalf as of the date first above written.
BORROWER:
MARINE BANCSHARES, INC.
Attest:
_______________________________ By:____________________________
Name:
Title:
_______________________________
LENDER:
_______________________________
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