EX-10.13
from 10-K
5 pages
In Consideration of the Extension of Credit by First Place Bank ("Lender"), Whose Mailing Address Is 724 Boardman Poland Road, Youngstown, Ohio 44512, to Arcdv Dgatnil001, LLC; Arcdv Fdwvlms1, LLC, Arcdv Fdgtrms1, LLC; and Arcdv Fdknsok001, LLC, Each a Delaware Limited Liability Company (Individually, a "Borrower" And, Collectively, the "Borrowers"), as Evidenced by Borrowers' Note ("Note") in the Principal Amount of One Million Five Hundred Thirty Thousand Dollars ($1,530,000.00) (The "Loan"); a Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing Financing Statement, Mortgage, Assignment of Rents and Leases and Security Agreement or Deed of Trust, Assignment of Rents and Leases and Security Agreement, as the Case May Be (Collectively the "Mortgages") on Each of Four (4) Properties Identified as the "Mortgaged Property" in the Note, All of Even Date Herewith (Hereinafter Collectively Referred to as the "Obligations"), and Other Good and Valuable Consideration, the Receipt of Which Is Acknowledged, the Undersigned Indemnitor Hereby Agrees to Pay, Protect, Defend and Save Lender Harmless From and Against, and Hereby Indemnifies Lender From and Against Any and All Liabilities, Obligations, Losses, Damages, Costs, Fees, Expenses, Claims, Demands, Settlements, Awards and Judgments of Any Nature or Description Whatsoever (Including, Without Limitation, Legal Fees and Costs, as Well as Other Expenses Incurred in Connection With the Defense of Any Actual or Threatened Action, Proceeding or Claim) Incurred, Suffered or Sustained by Lender Resulting From Any Acts, Omissions or Alleged Acts or Omissions Arising Out of or Relating To, or Otherwise Arising Out of or Relating To, Any One or More of the Following Items: (A) the Misapplication, Misuse or Misappropriation by Any Borrower or Any Affiliated Person or Entity of Insurance Proceeds, Condemnation Awards, Lease Security and/or Other Deposits and/or Rents;
12/34/56