Exhibit 10.3
ALLONGE AND MODIFICATION AGREEMENT (NOTE NO. 2)
(Amendment and Modification of Note No. 2)
THIS ALLONGE AND MODIFICATION AGREEMENT (the “Agreement”) is dated as of the 22nd day of March, 2022, by Broad Street Operating Partnership, LP, a Delaware limited partnership, Broad Street Realty, Inc., a Delaware corporation, and Broad Street Realty, LLC, a Maryland limited liability company, their respective successors and/or assigns (collectively, the “Borrower” for clerical convenience); MVB Bank, INC., a West Virginia banking corporation, its successors and/or assigns (the “Lender”); and Michael Z. Jacoby (individually) (the “Guarantor”).
R E C I T A L S :
W I T N E S S E T H :
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged and affirmed, the parties hereto do hereby agree as follows:
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This Agreement shall be deemed to be incorporated into and become a part of Note No. 2 as if fully set forth therein, and may be attached to Note No. 2. Except as modified herein, all other terms and conditions of Note No. 2 shall remain unchanged and in full force and effect.
(signatures follow next)
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WITNESS the following signatures and seals of the undersigned to this Allonge and Modification Agreement:
Borrower:
Broad Street Operating Partnership, LP
a Delaware limited partnership
By: Broad Street OP GP, LLC
a Delaware limited liability company
its General Partner
By: | /s/ Michael Z. Jacoby (seal) |
| Michael Z. Jacoby |
| Chief Executive Officer |
Broad Street Realty, Inc.
a Delaware corporation
By: | /s/ Michael Z. Jacoby (seal) |
| Michael Z. Jacoby |
| Chief Executive Officer |
Broad Street Realty, LLC
a Maryland limited liability company
By: | /s/ Michael Z. Jacoby (seal) |
| Michael Z. Jacoby |
| Chief Executive Officer |
STATE OF ____________________
CITY/COUNTY OF ____________________, to wit:
The foregoing instrument was acknowledged before me, a notary public, this _____ day of March, 2022, by Michael Z. Jacoby, as Chief Executive Officer of Broad Street OP GP, LLC, a Delaware limited liability company, the General Partner of Broad Street Operating Partnership, LP, a Delaware limited partnership, as Chief Executive Officer of Broad Street Realty, Inc., a Delaware corporation, and as Chief Executive Officer of Broad Street Realty, LLC, a Maryland limited liability company.
My Commission Expires: __________________________
Registration Number: Notary Public
(signatures continue next)
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WITNESS the following signatures and seals of the undersigned to this Allonge and Modification Agreement (continued):
Guarantor:
/s/ Michael Z. Jacoby (seal) |
MICHAEL Z. JACOBY (individually) |
STATE OF ____________________
CITY/COUNTY OF ____________________, to wit:
The foregoing instrument was acknowledged before me, a notary public, this _____ day of March, 2022, by Michael Z. Jacoby (individually).
My Commission Expires: __________________________
Registration Number: Notary Public
(signatures continue next)
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Witness our signatures and seals to the Allonge and Modification Agreement (continued):
Lender:
MVB Bank, INC.
a West Virginia banking corporation
By: | /s/ Garret Reed |
Print Name: | Garret Reed |
Title: | Senior Vice President |
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