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<br />Loan No. A-010-11 89- 1-ID1058
<br />NINTH MODIFICATION OF LOAN DOCtA±9ENTS
<br />(The Yancey)
<br />This Ninth Modification of Loan Documents (" Agreement"') is
<br />made and entered into as of the 1st day of January, 1989, *by and
<br />between FirsTier Bank, National Association, Lincoln, Nebraska
<br />(formerly known as First National Bank a. Trust Company of
<br />Lincoln), a national bank organized under the laws of the United
<br />States of America ( "Lender "), Devco Investment Corporation, a
<br />Nebraska corporation ( "Borrower "); Devco Inc., a Nebraska corpo-
<br />ration; Dean E. Arter; Carol J. Arter; Michael D. Ax.ter;
<br />Jennifer R. Arter; Mark D. Arter; Lisa A. Arter; James E. Arter;
<br />Mary B. Arter; and Nancy C. Arter Gade. Borrower, Devco Inc.,
<br />Dean E. Arter, Carol J. Arter, Michael D., Arter, Jennifer R.
<br />Arter, Mark D. Arter, Lisa A. Arter, James E. Arter, Mary B.
<br />Arter, and Nancy C. Arte -Gade are soMet.imes. - referred to indivi-
<br />dually and collective Y,.'..
<br />�Aier�_r."
<br />WITNESSETH:': ,
<br />WHERE 6, Borrower and Lender executed a Mrst National Bank &
<br />Tirest Cot<pany pf. . Lincoln Construction L6si*.1. Agreement dated
<br />Cettober 16, 1984. ( "Original Agreement "), whir is incorporated
<br />herein by this reference, fora construction loan for the reno-
<br />vation, remodeling and reconstruction of certain improvements;
<br />WHEREAS, Borrower executed . Promissory btate Secured By Deed
<br />of .'L?rust for $2;650,000,dated October .16, 19ffi!i,. in favor of Len-
<br />its holder ( "Original Promissory Note' ".), which is incor-
<br />pdrated herein by this reference;
<br />WHEREAS, the Original Promissory Note is secured in part by
<br />an Acknowledgment of Deed of Trust and Construction Security
<br />Agreement, Deed of Trust, Assignment of.Rents and Security Agree-
<br />ment dated October 16, 1984, which is incorporated herein by this
<br />reference and filed for record as Document Uumber 84- 005508 in
<br />tide Register of Deeds Office for Hall Ca usnt t,- . Nebraska, as madi-
<br />fi:ed by the First kodifieatior:' to Loan - ocuments, Sec -ond K-odifi-
<br />cation to Loan Documents, Third Modification to Loan Documents,
<br />Fourth Modification to Loan Documents, f',ifth Modification to Loan
<br />Wcuments, Sixth Modification of Loan Documebts, Seventh Modifi-
<br />cction of Loan Documents, Eighth Modification of Loan Documents
<br />and this Ninth Modification of Loan- Dacumei►ts, which are all
<br />defined herein which is incorporated'. herein �. by this, reference* .
<br />executed by the Borrower as Trustor on the real estate described
<br />in Exhibit "A" (:collectively referred to as "Deed of Trust ");
<br />WHEREAS, Deah E. Arter and Carol J. Arter executed an Arter
<br />Guarantee, dated . 16, 1984 ( "Original Guarantee"), in
<br />favor of the Lener or the holder of the Original Prcmi.ssory
<br />Note, which is incorporated herein by this references.
<br />WHEREAS, Borrower executed otlTer "Loan Documents" dated
<br />October 16, 1984 as that term is defined in the Original Agree-
<br />ment in favor of the Lender or its holder ("Original Loan Docu-
<br />ments"), which Original Loan Documents are incorporated herein by
<br />this reference;
<br />.WHEREAS, Borrower and Lender executed the First Amendment and
<br />Restatement of the First National Bank & Trust Company of Lincoln
<br />Construction Loan Agreement, dated June 6, 1985 ( "First Amendment
<br />to Construction Loan Agreement "), which is incorporated herein by
<br />this reference, which modified the Original Loan Documents and
<br />the Original Agreement;
<br />WHEREAS, Borrower and Lender executed the First Modification
<br />of Loan Documents dated June 6, 1985 (Document Number 85- 002943);
<br />WHEREAS, 'Borrower and Lender executed the Second Modifica-
<br />tion of Loan Documents, dated June 30, 1985 (Document Number
<br />86- 100116) which among other things extended the maturity date of
<br />the Original Promissory Note to December 31, 1985;
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