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m <br /> �� n� 0� � <br /> mm � �D m <br /> � � C�� �1 N Z f�i'1 N f�rl <br /> o �o � , C <O � D <br /> rn �� � � Oz N (n <br /> c�n ,nDT N Sm � z <br /> T{ O � D� j1 <br /> m� � � � rC�l� (OC <br /> v,o cn � � � <br /> N� � m <br /> 0 <br /> 00 0 � � <br /> z <br /> 0 <br /> Recording Requested By, <br /> And After Recording, Return To: <br /> WELLS FARGO BANK, <br /> NATIONAL ASSOCIATION <br /> MAC C7300-033 <br /> 1740 Broadway <br /> Denver, CO 80274 <br /> Attn: Loan Documentation <br /> FIRST AMENDMENT TO DEED OF TRUST <br /> AND ASSIGNMENT OF RENTS AND LEASES <br /> (DONIPHAN) <br /> THIS FIRST AMENDMENT TO DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES <br /> (this"AmendmenY') is executed as of July 17, 2012, between NEBRASKA MACHINERY COMPANY, a <br /> Nebraska corporation ("Trustor") and WELLS FARGO BANK, NATIONAL ASSOCIATION ("Be�eficiary"). <br /> WHEREAS, Trustor previously delivered to WELLS FARGO FINANCIAL NATIONAL BANK <br /> ("Trustee") for the benefit of Beneficiary a Deed of Trust and Assignment of Rents and Leases (Doniphan) <br /> dated as of June 29, 2012 (the"Existing Deed of TrusY'), which Existing Deed of Trust relates to the real <br /> property described on Exhibit"A" attached hereto and was recorded on June 29, 2012, as Instrument No. <br /> 201205288 in the Office of the Register of Deeds of Hall County, Nebraska; and <br /> WHEREAS, the parties desire to amend the Existing Deed of Trust as provided herein; <br /> NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged, Trustor and Beneficiary hereby agree that the last clause of Section 2.1 of the <br /> Existing Deed of Trust is hereby amended and restated as follows: <br /> For the avoidance of doubt, the Secured Obligations shall not include obligations (including <br /> those of the type set forth in clauses(c)through (�above) under(w)the Credit Agreement <br /> (other than the Real Estate Obligations); (x)the Term Note; (y)the Line of Credit Note; and <br /> (z) any security agreement, guaranty or other Loan Document securing any of the <br /> foregoing. <br /> The Existing Deed of Trust, as amended by this Amendment, is hereby ratified and affirmed in all <br /> respects. This Agreement may be executed in several counterparts, and all counterparts so executed <br /> shall constitute one agreement, binding on all of the parties hereto, notwithstanding that all the parties are <br /> not signatory to the original or the same counterpart. This Amendment shall be governed by, and <br />