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200105576
<br />D. From time to time, Hoch, Inc., together with H & H Carrier Corporation and The
<br />Harry A. Hoch Family Trust Created Pursuant to Article VII, Paragraph C, of the Harry A. Hoch
<br />Revocable Insurance Trust Dated July 13, 1983, as amended July 12, 1986, have requested
<br />additional financing from Beneficiary as evidenced by additional promissory notes ( "Additional
<br />Notes ") which with the Note are in the aggregate amount of $8,922,490.00, including but not limited
<br />to the indebtedness evidenced by the Note referred to in Section B above and as provided for in the
<br />Loan Agreement dated on or about even date herewith (the "Loan Agreement "). The last of the
<br />Additional Notes will mature on March 31, 2015. Hoch, Inc. and Beneficiary desire to confirm that
<br />the indebtedness evidenced by the Additional Notes is secured by the terms of the Deed of Trust.
<br />E. Hoch, Inc. acknowledges that the Deed of Trust serves as security for all of the above
<br />obligations, and desires to confirm the same through the terms hereof.
<br />NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
<br />hereby expressly acknowledged, Hoch, Inc. covenants and agrees as follows:
<br />1. The term "Note" in the Deed of Trust includes the Note and the Additional Notes,
<br />together with any and all extensions, modifications, renewals substitutions and renewals thereof.
<br />The term "Indebtedness" in the Deed of Trust includes the Note and the Additional Notes, together
<br />with any and all extensions, modifications, renewals substitutions and renewals thereof. All
<br />references to Note or to Indebtedness in the Deed of Trust include such terms, as modified herein.
<br />2. Except as modified, and then only to the extent so modified, the Deed of Trust
<br />remains in full force and effect as written. Hoch, Inc. hereby assumes all of the obligations of
<br />Trustor and agrees to be liable as Trustor under the Deed of Trust and hereby adopts and reaffirms
<br />the obligations of Trustor under the Deed of Trust, as modified herein, and acknowledges the same
<br />to be the valid and binding obligation and agreement of Hoch, Inc. enforceable in accordance with
<br />its terms. Hereinafter, Trustor shall refer to Hoch, Inc. Trustor represents that, as of the date hereof,
<br />there is not existing or continuing any event which is an Event of Default or which, but for the lapse
<br />of time or the giving of notice or both, would constitute an event of default. This Modification to
<br />Deed of Trust does not in any way affect, alter, amend or modify the terms of any other document
<br />or agreement securing or guaranteeing the performance of any Obligations.
<br />3. Trustor acknowledges that Wells Fargo Bank Nebraska, National Association is the
<br />successor by merger and /or consolidation to Norwest Bank Nebraska, National Association, original
<br />Trustee and Beneficiary.
<br />4. Trustor assumes and agrees to pay and perform all of the obligations of H & H under
<br />the Deed of Trust and the Note.
<br />5. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to full
<br />reconveyance of the Trust Property by Trustee to Trustor, may make future advances to Trustor.
<br />Such future advances, with interest thereon, shall be secured by the Deed of Trust. At no time shall
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