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EXHIBIT 10.9
AMENDMENT NO. 4
TO
THE DEALER SECURITY AGREEMENT
THIS AMENDMENT NO. 4 to the DEALER SECURITY AGREEMENT (this
"Amendment"), dated as of December 1, 1996, is by and between CITICORP
DEL-LEASE, INC., doing business as CITICORP DEALER FINANCE ("Lender"), and M&M
PROPERTIES, INC. AND XxXXXXX & FALCONITE EQUIPMENT CO., INC. (jointly and
severally referred to herein as "Borrower").
W I T N E S S E T H:
WHEREAS, Lender and each Borrower are parties to a Dealer Security
Agreement each dated June 19, 1995 (each Dealer Security Agreement being
referred to herein as the "Agreement"; capitalized terms not otherwise defined
in this Amendment shall have the meanings attributed thereto in the Agreement);
and
WHEREAS, Lender and Borrower have agreed to amend the Agreement as set
forth herein;
NOW THEREFORE, in consideration of the premises and for good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Lender and Borrower hereby agree to amend the Agreement as
follows:
SECTION 1. DEFINITIONS.
(a) The definition of the term "Termination Date" is
amended by deleting it in its entirety and substituting therefor the
following: "Termination Date means, January 31, 1998 as such date may be
amended or extended from time to time."
SECTION 2. MISCELLANEOUS. The obligations of Borrower under the
Agreement as amended hereby shall be the joint and several obligations of each
of them. The terms and conditions of this Amendment are hereby incorporated
into the Agreement. This Amendment shall take precedence in the event any terms
and conditions of the Agreement conflict herewith. Except as provided herein,
all other terms and conditions of the Agreement shall remain in full force and
effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed as of the day and year first above written.
M&M PROPERTIES, INC.
By: /s/ Xxxxx XxXxxxx
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Name: XXXXX XxXXXXX
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Title: President
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XxXXXXX & FALCONITE EQUIPMENT
CO., INC.
By: /s/ Xxxxx XxXxxxx
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Name: XXXXX XxXXXXX
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Title: President
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CITICORP DEL-LEASE, INC., d/b/a
CITICORP DEALER FINANCE
By: /s/ Xxxx X. Xxxxx
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Name: XXXX X. XXXXX
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Title: Vice President
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