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S. Addition to Article III - Undertakings by Developer and City: The following Section is added to Article III: I Section 3.8 Developer's Agreement to Pay Tax Increment Deficiency. received by the City in ach year will be less than $34.750 annually. the terminate i a a d ludin 11 rr'u i Judi 4 thtcilinusiltaLThwa jaingrkinsin112, t o • i n�u �1 i t �i 47 amoun of the Tax Increments the City receives in that year. The amount the Developer navy to the City nursuant to the nreceding sentence in any g ren year is referred to herein as a "Deficiency Payment." The Developer must d t t n ifies the Developer, in writing of the amount or the Deficiency Payment• h• levels i ' s.li'. 'i i ti , k• ►e ' 'a m terminates after the Tax Increment Note has . eeu:laid in full or matured and the City has received sufficient additional Tax Increments in the amount of the Loan. to rely the an in full 6 Modification of Section 6.7 - Expiration: Section 6.7 is deleted in its entirety and replaced with the following: Section 6.7. Expiration. This Agreement shall expire on the earlier of the following dates (i) August 1. 2014, or (ii) the date the City has be u fully performed its obligations to the Developer under the Tax Increment Note and has received sufficient additional Tax Increments to renav the Loan, in full 1i Modification of Exhibit D: The Tax Increment Note, a copy of which is attached to th • 1 evel i r n e . 4.• r • t • j i ;jam, aced in its entirety with the Tax Increment Note attached hereto as Exhibit At 11. Affect of Second Amendment on Agreement: Except as expressly set forth in this Second Amendment. the Agreement remains unmodified and in full force and effect. 12„ Defined Terms: Capitalized terms not otherwise defined herein have the meanings established in the Agreement. Page 8 1255437vRed; V3 to VI; 02/14/01