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li 1 <br />r <br />DEED OF TRUST MODIFICATION AGREEMENT <br />(Future Advance Provision) <br />THIS MORTGAGE/DEED OF TRUST MODIFICATION AGREEMENT made and _ <br />executed this o <br />Z day of FEBRUARY, 2001, by and between JONATHAN M SMITH AND MELANIE A o <br />SMITH, HUSBAND AND WIFE, hereinafter referred to as `Borrower ", and HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as <br />"lender ", <br />WITNESSETH: <br />WHEREAS, Borrower did execute a certain Deed of Trust dated JUNE 15, 2000, filed <br />of record in the Office of the HALL COUNTY REGISTER OF DEEDS on JUNE 20, 2000 as <br />Document # 0200005032 in respect to that real estate described as: <br />LOT THIRTY -FIVE (35) AMICK ACRES WEST SUBDIVISION, HALL COUNTY, <br />NEBRASKA. <br />WHEREAS, such Deed of Trust does not contain a provision regarding a right to future <br />advances to be secured by such Deed of Trust; <br />WHEREAS, Borrower has requested that Lender make an additional advance to be <br />secured by such existing Deed of Trust; <br />WHEREAS, Lender is willing to make an additional advance to be secured by such <br />Deed of Trust provided there shall have been no filings of record subsequent to the date of the <br />recording of that Deed of Trust hereinabove identified; <br />WHEREAS, Borrower and Lender hereby desire to amend the existing Deed of Trust <br />identified hereinabove to provide that it shall continue to secure the presently remaining <br />indebtedness and the additional advance and future advances from and after the date hereinafter <br />specified; <br />NOW, THEREFORE, it is agreed: <br />1. Incorporation of Future Advance Rights. From and after the date of the execution <br />of this Deed of Trust Modification Agreement, the indebtedness secured by the Deed of Trust <br />described hereinabove shall secure advances made concurrently herewith and future advances in <br />accordance with the following provision which shall hereafter be deemed to be a part of such <br />Deed of Trust: <br />Future Advances. Upon request of Borrower, Lender may, at its option, make additional <br />and future advances and readvances to Borrower. Such advances and readvances, with <br />interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein, or <br />$ 140,000.00 , whichever is greater. <br />2. Continuing Effect. Except as specifically modified by this Deed of Trust <br />Agreement, all other terms and provisions of this Deed of Trust hereinabove identified shall <br />remain in full force and effect. <br />o <br />c-> Cn <br />ON <br />C <br />M S <br />C � <br />M <br />C(\ <br />2 <br />D <br />O <br />-� rn <br />o <br />as <br />M <br />CA <br />m <br />-G p <br />-mac <br />Q <br />n <br />= <br />C')Q <br />o 'n <br />C� <br />L2. <br />CC) <br />CD <br />M <br />=1) <br />r ;,,o <br />.... <br />(A <br />cn <br />v <br />co <br />N <br />CO <br />CJl <br />(n <br />Cn <br />eft <br />CD <br />DEED OF TRUST MODIFICATION AGREEMENT <br />(Future Advance Provision) <br />THIS MORTGAGE/DEED OF TRUST MODIFICATION AGREEMENT made and _ <br />executed this o <br />Z day of FEBRUARY, 2001, by and between JONATHAN M SMITH AND MELANIE A o <br />SMITH, HUSBAND AND WIFE, hereinafter referred to as `Borrower ", and HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as <br />"lender ", <br />WITNESSETH: <br />WHEREAS, Borrower did execute a certain Deed of Trust dated JUNE 15, 2000, filed <br />of record in the Office of the HALL COUNTY REGISTER OF DEEDS on JUNE 20, 2000 as <br />Document # 0200005032 in respect to that real estate described as: <br />LOT THIRTY -FIVE (35) AMICK ACRES WEST SUBDIVISION, HALL COUNTY, <br />NEBRASKA. <br />WHEREAS, such Deed of Trust does not contain a provision regarding a right to future <br />advances to be secured by such Deed of Trust; <br />WHEREAS, Borrower has requested that Lender make an additional advance to be <br />secured by such existing Deed of Trust; <br />WHEREAS, Lender is willing to make an additional advance to be secured by such <br />Deed of Trust provided there shall have been no filings of record subsequent to the date of the <br />recording of that Deed of Trust hereinabove identified; <br />WHEREAS, Borrower and Lender hereby desire to amend the existing Deed of Trust <br />identified hereinabove to provide that it shall continue to secure the presently remaining <br />indebtedness and the additional advance and future advances from and after the date hereinafter <br />specified; <br />NOW, THEREFORE, it is agreed: <br />1. Incorporation of Future Advance Rights. From and after the date of the execution <br />of this Deed of Trust Modification Agreement, the indebtedness secured by the Deed of Trust <br />described hereinabove shall secure advances made concurrently herewith and future advances in <br />accordance with the following provision which shall hereafter be deemed to be a part of such <br />Deed of Trust: <br />Future Advances. Upon request of Borrower, Lender may, at its option, make additional <br />and future advances and readvances to Borrower. Such advances and readvances, with <br />interest thereon, shall be secured by this Deed of Trust. At no time shall the principal <br />amount of the indebtedness secured by this Deed of Trust, not including sums advanced to <br />protect the security of this Deed of Trust, exceed the original principal amount stated herein, or <br />$ 140,000.00 , whichever is greater. <br />2. Continuing Effect. Except as specifically modified by this Deed of Trust <br />Agreement, all other terms and provisions of this Deed of Trust hereinabove identified shall <br />remain in full force and effect. <br />