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20140517u (d) All renewals, modifications, consolidations, replacements and extensions of any of the foregoing indebtedness and obligations. 5. Amendment to Section 5.1(a). Section 5.1(a) of the Agreement is hereby amended and restated in its entirety as follows: (a) Acceleration. With respect to any Obligations other than any Obligation which is payable on demand, Beneficiary may at any time and from time to time declare any or all of such Obligations immediately due and payable and such Obligations shall thereupon be immediately due and payable, without presentment, demand, protest, notice or protest, notice of acceleration or of intention to accelerate or any other notice or declaration of any kind, all of which are hereby expressly waived by Trustor. Without limitation of the foregoing, upon the occurrence of a default described in clauses (i), (iii) or (iv) of paragraph (d)(1) or paragraph (d)(2) of Section 4.1 hereof, all Obligations shall thereupon be immediately due and payable, without presentment, demand, protest, notice of protest, declaration or notice of acceleration or intention to accelerate, or any other notice, declaration or act of any kind, all of which are hereby expressly waived by Trustor. 6. Deed of Trust Remains Effective. This Third Amendment is a modification only and not a novation of the Deed of Trust. Except as specifically provided herein, the Deed of Trust, shall be and remains in full force and effect and not modified or further amended or changed hereby. The execution, delivery and effectiveness of this Third Amendment shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of Beneficiary under the Deed of Trust, nor constitute a waiver of any provision of the Deed of Trust. In all respects not inconsistent herewith, the Deed of Trust shall otherwise remain unaffected, unchanged and unimpaired. 7. Governing Law. This Third Amendment shall be governed and construed in accordance with the laws of the State of Nebraska. 8. Execution. All action on the part of Trustor necessary for the valid execution and delivery of this Third Amendment, has been duly and effectively taken and such Third Amendment in the hands of Beneficiary, its successors and assigns, will be legal, valid and binding obligation of the Trustor and enforceable according to the terms hereof and thereof. 9. Counterparts. This Third Amendment may be executed in any number of counterparts, each of which for all purposes shall be deemed to be an original and all of which shall constitute one agreement. 10. Certain Definitions. All statements or references within the text of the Deed of Trust to the "Deed of Trust" shall mean and be references to the Deed of Trust, as amended by this Third Amendment; and all statements or references within the text of the Deed of Trust to the "Loan Agreement," shall mean and be references to the "Loan Agreement ", as defined in this Third Amendment; and all statements or references within the text of the Deed of Trust to the defined term "Note" shall mean and be references to the "Note" as defined in this Third Amendment. -No further text on this page- DOCS/1289338.1 3