Amended and Restated Loan Agreement - Community Housing Development Corporation of Central KansasFrom: Lance H. Cochran \[mailto:lcochran@kenberk.com\]
Sent: Monday, March 1, 2021 11:46 AM
To: Aaron O. Martin <aomartin@cml-law.com>
Cc: April Engstrom <april@ovpgroup.com>; Pack, Debbie <debbie.pack@salina.org>; Mermis, Cheryl
<cheryl.mermis@salina.org>
Subject: RE: Lee Lofts
Here you go.
Lance
Lance H. Cochran
KENNEDY BERKLEY YARNEVICH
& WILLIAMSON, CHARTERED
th
119 W. Iron, 7 Floor
P.O. Box 2567
Salina, Kansas 67402-2567
(785) 825-4674 \[Phone\]
(785) 825-5936 \[Fax\]
From: Aaron O. Martin <aomartin@cml-law.com>
Sent: Monday, March 1, 2021 10:57 AM
To: Lance H. Cochran <lcochran@kenberk.com>
Cc: April Engstrom <april@ovpgroup.com>; Pack, Debbie <debbie.pack@salina.org>; Mermis, Cheryl
<cheryl.mermis@salina.org>
Subject: Lee Lofts
Lance:
The City is preparing to fund the Lee Lofts loan, and we appreciate you and the developer group getting
us all the signatures. The City Clerk’s office just noticed that the version of the Amended and Restated
Loan Agreement previously executed by you, as President of the CHDO, was NOT the final version of the
document. I believe that we can use your previous signature page (page 9), since it is an isolated
page. However, your initials on page 7 had to be discarded, because the final version of page 7 was
different than the one that you initialed. In short, we would ask that you please initial page 7 of the
attached PDF, and scan and email it back. That will complete all outstanding items.
Thanks,
Aaron O. Martin
Clark, Mize & Linville, Chartered
129 S. Eighth - P.O. Box 380
Salina, KS 67402-0380
Tel: (785) 823-6325 Fax: (785) 823-1868
Email: aomartin@cml-law.com
This message was sent by an attorney with Clark, Mize & Linville, Chartered. The information contained in this message is privileged,
confidential, and is intended only for the use of the addressee(s) indicated above. Anyone who receives this email in error should notify the
sender by telephone (785-823-6325) and/or reply message immediately and destroy the original message in his or her possession. Thank
you.
Section 8.05. Benefit of Agreement. This Agreement shall be binding upon and inure to
the benefit of Borrower and Lender and their successors and assigns, and all subsequent holders
of the Note.
Section 8.06. Execution in Counterparts. This Agreement may be executed in
counterparts, all of which taken together shall be deemed one original. Signatures to this
Agreement transmitted by facsimile or by electronic transmission shall be valid and effective to
bind the party so signing.
Section 8.07. Change in Ownership. The Borrower shall promptly provide written notice
to the Lender of any change in the owners/members owning/comprising more than 50% of the
original ownership of Original Borrower as of the effective date of this Agreement.
Section 8.08. No Assignment. Borrower shall not assign or transfer its rights or
obligations under this Agreement or any Loan Documents without the prior written consent of
Lender.
ARTICLE IX
STATUTORY NOTICE
The following provisions are included in compliance with K.S.A. Sections 16-117 and 16-
118.
THIS WRITTEN AGREEMENT IS THE FINAL EXPRESSION OF THE CREDIT
AGREEMENT BETWEEN THE BORROWER AND THE LENDER AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF ANY PRIOR OR CONTEMPORANEOUS ORAL
AGREEMENT BETWEEN THE BORROWER AND THE LENDER. THE FOLLOWING
SPACE (WHICH THE BORROWER AND THE LENDER AGREE IS SUFFICIENT SPACE)
IS PROVIDED FOR THE PLACEMENT OF NONSTANDARD TERMS, IF ANY (IF THERE
ARE NO NONSTANDARD TERMS TO BE ADDED, STATE"NONE"): NONE
THE BORROWER AND THE LENDER HEREBY AFFIRM THAT THERE IS NO
UNWRITTEN ORAL CREDIT AGREEMENT BETWEEN THE BORROWER AND THE
LENDER WITH RESPECT TO THE SUBJECT MATTER OF THIS WRITTEN CREDIT
AGREEM I NT.
/10P�` INITIALED FOR THE BORROWER
INITIALED FOR THE LENDER
[Remainder of Page Intentionally Left Blank]
Amended and Restated Loan Agreement 7 \VA 15177471
Lee lofts City of Salina Loan