Amended of Collateral for Lease Obligations. In [Section 9.06], the fourth full paragraph (pertaining to the Lease Guaranties being secured by a pledge of the equity of the Parent in the Owner and by a pledge of the equity of the Parent in the Operator) is hereby deleted; it being understood and agreed that such pledge is prohibited by the Sellers’ existing working capital lender; provided, however, that if such prohibition terminates, or consent thereto by the current working capital lender or any successor lender is obtained, the Parent shall then pledge such equity as security for the Lease Guaranties.

Amended Lease Payment. In [Section 9.06], ​, second paragraph, the parties agree that the second sentence shall be deleted and the following shall be inserted in lieu thereof:

Lease. The Property is being sold subject to an existing Lease of the Property dated ​ by and between Seller, as lessor (pursuant to that certain Assignment and Assumption of Lease and Guaranty dated ​ by and between AEI Fund Management XVII, Inc., a Minnesota corporation, as assignor, and Seller, as assignee), and Apple Indiana II LLC, a Delaware limited liability company, as lessee (the "Tenant") and Guaranty by Apple American Group LLC dated ​, as amended by that certain Amendment to Lease and Guaranty dated ​ (collectively, the "Lease"). The Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, all right, title, and interest of Seller in and to all leases and other agreements to occupy all or any portion of the Property that are in effect on the Effective Date or which Seller executed prior to Closing (as hereinafter defined) pursuant to the terms of this Agreement.

Amended Schedule. The applicable Attribute Schedule or Tax Benefit Schedule for any Taxable Year may be amended from time to time by the Corporation # in connection with a Determination affecting such Schedule, # to correct inaccuracies in the Schedule identified after the date the Schedule was provided to the TRA Party Representative, # to comply with the Expert’s determination under the Reconciliation Procedures, AmericasActive:18057467.3

Amended Definitions. The definitions of "Applicable Margins", "Availability Reserves", "Canadian Revolving Credit Facility", "Eligible Cash and Cash Equivalents", "Fixed Charge Trigger Period", "Reporting Trigger Period" and "Revolving Credit Maturity Date" set forth in [Section 1.01] of the Credit Agreement is hereby amended in its entirety and the following is inserted in its stead:

Amended Definitions. The definitions of “Applicable Margin,” “Fixed Charge Trigger Period,” and “Reporting Trigger Period” set forth in [Section 1.01] of the Credit Agreement are hereby amended in their entirety and restated as follows:

The Original Settlement shall be amended to remove the requirement that ​ and Scio execute the Redemption Agreement and shall be replaced with the requirement that Scio and ​ execute the Share Purchase Agreement attached hereto as [Exhibit A].

Amended Returns. Unless otherwise required by Law or based upon the opinion of Purchaser’s independent registered public accounting firm (a copy of which Purchaser shall give to the Representative), Purchaser shall not, and shall cause its Affiliates, including the Company and its Subsidiaries, not to amend, refile or otherwise modify any Tax Return relating in whole or in part to any Pre-Closing Period, including the pre-Closing portion of a Straddle Period, without the prior written consent of the Representative, which consent shall not be unreasonably withheld, conditioned, or delayed; provided that to the extent that any such amended or otherwise modified Tax Return is filed without the prior written consent of Representative based upon the opinion of Purchaser’s independent registered public accounting firm and such amended or otherwise modified Tax Return results in an increase in Taxes attributable to a Pre-Closing Period, then Purchaser shall not be entitled to seek indemnification for such increased Tax amounts pursuant to [Article IX], [Section 10.2] or otherwise.

Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in [Section 3.1] of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in [Section 3.3] of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in [Exhibit C], attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) days of receipt thereof. Notwithstanding the foregoing, if Landlord has not delivered possession of the 2nd and 3rd floor portions of the Premises in the condition required by [Section 1.1.1], above, # on or before ​, then, as Tenant’s sole remedy for such delay, the date Tenant is otherwise obligated to commence payment of rent shall be delayed by one day for each day that the delivery date is delayed beyond such date, or # on or before ​, then, Tenant shall also have the right to terminate this Lease by written notice thereof to Landlord, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. The foregoing dates shall be extended to the extent of any delays in delivery of possession caused by # Tenant Delay, as provided in [Section 1(j)] of the Tenant Work Letter, or # war, terrorism, acts of God, natural disaster, civil unrest, governmental strike or area-wide or industry-wide labor disputes, inability to obtain services, labor, or materials or reasonable substitutes therefor, delays due to utility companies that are not the result of any action or inaction of Landlord, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization (including, without limitation, any shelter-in-place orders, stay at home orders or any restrictions on travel related thereto that preclude Tenant, its agents, contractors or its employees from accessing the Premises, national or regional emergency) (provided that any such delay in this item # shall not extend any such date by more than ninety (90) days).

Ground Lease. The Borrower will promptly notify the Agent in writing of any default by a Fee Owner in the performance or observance of any of the terms, covenants and conditions on the part of a Fee Owner to be performed or observed under a Ground Lease. The Borrower will promptly deliver to the Agent copies of all material notices, certificates, requests, demands and other instruments received from or given by a Fee Owner to Borrower or a Subsidiary Guarantor under a Ground Lease.