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e Federal Bank D Sox 1009 wand Island NE 68802 -1009 as: LOAN MODIFICATION AND ASSUMPTION AGREEMENT WITH RELEASE WHEREAS, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Home Federal", Loaned PAMELA S SOBER - MILLER AND JERRY M MILLER, WIFE AND HUSBAND AND MARJORIE R SOBER, A SINGLE PERSON hereinafter referred to as "Borrower ", the original principal sum of TWENTY FIVE THOUSAND AND NO /100 Dollars ($25,000.00), as evidenced by a mortgage note and mortgage /deed of trust dated SEPTEMBER 25, 2000, recorded SEPTEMBER 25, 2000 as DOCUMENT # 0200007943 in the Office of the HALL COUNTY REGISTER OF DEED'S OFFICE IN HALL COUNTY, NEBRASKA WHEREAS, said Borrowers have sold to the undersigned Purchasers the property legally described LOT TEN (10), IN BLOCK TEN (10), IN SCHIlVIMER' S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA of WHEREAS, Purchasers desire to assume and pay the remaining indebtedness described above as evidenced by the aforementioned note and mortgage /deed of trust; and WHEREAS, MARJORIE R SOBER AND JERRY M MILLER, EACH A DECEASED PERSON, (As Borrowers) they will be released from any further obligation in respect to the above described note and mortgage /deed of trust; and WHEREAS, Home Federal is willing to permit the assumption by Purchasers of the note and mortgage /deed of trust and release MARJORIE R SOBER AND JERRY M MILLER, EACH A DECEASED PERSON, (Borrower) from the obligations evidenced by the aforedescribed note and mortgage /deed of trust; NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. The undersigned Purchasers hereby assume and agree to pay the remaining indebtedness evidenced by the aforedescribed note and mortgage /deed of trust and perform all of the obligations provided therein and as modified hereby, it being agreed and understood that as of this date said indebtedness is FOURTEEN THOUSAND FOUR HUNDRED NINETY SIX AND 18/100 Dollars ($14,496.18). 2. The terms of the repayment of the debt evidenced by the aforedescribed Note and Deed of Trust will remain in effect until the unpaid balance of said indebtedness shall be at the rate of FOUR AND THREE QUARTERS PERCENT (4.750 %) per annum and that monthly payments of principal and interest shall be made commencing on the 1ST day of DECEMBER, 2012, and continuing on the 1ST day of each month thereafter. 3. Except as modified hereby, the note and mortgage /deed of trust above described shall remain in full force and effect and the undersigned Purchasers promise to pay said indebtedness as herein stated and to perform all of the obligations of said mortgage /deed of trust as herein revised. If any term, covenant, restriction or provision of this Agreement is determined to be void, invalid or unenforceable, the remainder of the terms, covenants, restrictions or provisions of this Agreement shall remain in full force and effect, and the provisions of the note and mortgage /deed of trust amended or modified by such void, invalid or unenforceable part hereof shall be reaffirmed and enforceable to the same extent as if this Agreement had not been executed. IN WITNESS WHEREOF, the undersigned have executed this instrument on this ..D -41A day of NOVEMBER, 2012. co