|
_mom,
<br />4
<br />1`
<br />1
<br />-- 101058
<br />WHEREAS, Borrower .executed a Second Promissory Note Secu.�red
<br />By Deed of Trust for $1,070,000, dated June 6,. 1985 ("Second
<br />! Promissory Note "), in favor of Lender or its holder, which is
<br />incorporated herein by this reference;
<br />WHEREAS, the Second Promissory Note is secured in part by the
<br />Deed of Trust;
<br />WHEREAS, Dean E. Arter and Carol J. Arter. executed a Second
<br />Arter Guarantee, dated June 6, 1985 ( "Second Guarantee "), in, favor
<br />of the Lender or the holders of the Original.Piamissory Note =: .....
<br />Second Prb ssory Note,, which is incorporated hereih by this:'
<br />reference;
<br />iS, Borrower ecuted,.. _.other "Loan Documents" dated
<br />June 6, 1985 as that "ti rm•.,' is defi fi °.;the First .Amendment to
<br />Construction Loan Agreeou -im in f r:-. f`. °:hire Lender or ::its holder
<br />r ( "Readvanced Loan Tr ehts ") wi ct Neadcedran Documents are
<br />incorporated herein '%j this referP,►14ce;
<br />WHEREAS, Borrower and Lender executed- the Third Kodiiicatlon
<br />of Loan Documents dated as of December 30, 1583. (Document Number
<br />86- 100117) which, among other things, extended the maturity dite
<br />of the Second Promissory Note to March 31, 1985:-, .
<br />WHEREAS, Borrower and Lender executed.'the Fourth Modification
<br />of Loan Documents dated as of FeOtuary 18, 1986.(Document Number
<br />86-100912) which, among other thia.94,, , extended the maturity date
<br />of the Original Promissory Note td,', :avgne 30, 1986;
<br />WHEREAS, Borrower.and Lender eseruted the Fourth Modification
<br />of Loan Documents dated as of Apri1-23,• 1986 (hereinafter amended
<br />and relabeled the "Fifth Modifications to Loan Documents) (Mcu.-
<br />ment Number 86- 102190), which, among other things, extended the..
<br />maturity date of the Second Promissory Dote to July 31, 1986;..
<br />WHEREAS, A First Amendment To Declaration To The Yanceys a
<br />Condominium was executed and reco.ded on 'J-rhe ,12, 1986 on Docu-
<br />ment Number 86- 103108, which among other things created Units 001
<br />and 002 ( "First Amendment to Declaration "), which are further
<br />described'in Exhibit "A" and which First Amendment to Declaration
<br />is incorporate' d herein-Ey this reference;
<br />WHEREAS, Borrower and, Lender executed the Sixth Modification
<br />of Loan Ocacuments dated September 11, 1986 (Document Number
<br />86- 105247) which, among other things, reduced the face amount and
<br />extended the maturity date of the Original Promissory Note and
<br />Second Promissory Note to Decenber 31, 1986;
<br />WHEREAS,' Borrower and Lender executed the Second Amendment
<br />and Restatement of the FirsTier Bank, National Association,
<br />tincaln, Nebraska, Construction Loan Agreement, dated September
<br />11, 1986, which is incorporated herein by this reference ( "Second
<br />Amendment to Construction Loan Agreement ");
<br />WHEREAS, Devco Inc., Dean E. Arter and Carol J. Arter exe-
<br />cuted a Third Arter Guarantee, dated September 11, 1986 ( "Third
<br />Guarantee ") in favor of the Lender or the holders of the Original
<br />Promissory Note which is incorporated herein by this reference;
<br />WHEREAS, Arter executed a Fourth Arter Guarantee, dated
<br />September 11, 1986 ( "Fourth Guarantee ") in favor of the Lender or
<br />the holder of the Second Promissory Note, which is incorporated
<br />herein by this reference;
<br />WHEREAS, Borrower executed a First Amendment of Assignment of
<br />Leases, dated September 11, 1986 ( "Assignment of Leases ");
<br />WHEREAS, Borrower executed a Trust Deed dated September 11,
<br />1986 as Trustor with Lender as Trustee and Beneficiary on the
<br />real estate as Lots One (1) and Two (2) Parking stamp Subdivision,
<br />a replat of Lots 5, 6, and 7, Block 79, Original Town of Grand
<br />Island, Nebraska, and filed in the Register of Deeds Office for
<br />-2-
<br />7
<br />f�
<br />1-
<br />
|