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<br />89r- 101058
<br />Hall County, Nebraska (Document Number 86- 105248) ( "Parking Lot
<br />Trust Deed ") which Parking Lot -Trust Deed secured the indebted-
<br />ness and obligations evidenced by the Original Promissory Note
<br />and Second Promissory Note;
<br />wHEREAS, Borrower, as Trustor, executed a Trust Deed -dated
<br />September 11, 1986 and recorded as Document Number 86- 105249,
<br />with Lender as Trustee and Beneficiary on the Condominium Units
<br />001 and 002 which are further described on Exhibit "A ", which is
<br />filed in the Register of . Deeds Office for Hall, County, Nebraska
<br />( "Lower- Level Trust Deed") which Lower Level Trust Deed secured
<br />the indebtedness and obligations evidenced by the Original
<br />Promissory Note and Second Promissory Note;
<br />WHEREAS, a Second Amendment To Declaration To The Yancey, a
<br />Condominium was executed on December 20, 1986 and recorded as
<br />Document .Number... 86- 107514, which among other things subdivided
<br />Unit 101... inter-. _Qnit 101 and Unit 102, change the condominium
<br />n er aef. .iJni ;x•102 to Unit 103, ,change the condominium number of::,:':
<br />163. t ©. 3 , and subdivided Unit 201 into 201A, Unit 2018, Until.,;.,'
<br />2012 arad : Unit 201D ( "Second Amendment To Declaration ") , whit .'.
<br />Second Amendment to Declaration is incorporated herein by..th
<br />reference;
<br />WHEREAS, Borrower, on December 31, 1986, with Lender's cod .
<br />sent, sold and -transferred all of its interest (said interest:.
<br />being a leasefteld estate) irv,tlie real estate which is subje -_t ter
<br />the Parking Loft Trust Deed. to' Artvest III, a% Nebraska :general:
<br />partnership ( "Artvest "t. .-... ;
<br />WHEREAS, Lender, is security for a loan to Artvest, also
<br />obtained a subordinate assignment and deed of trust from Artvest
<br />of and on Artvest's interest in the leasehold estate on the real
<br />estate subject to the Parking Lot Trust Deed;
<br />WHEREAS, Borrower paid to Lender on December 31, 1986 the sum
<br />of $462,492.00 which was all the then outstanding indebtedness
<br />repT4sented by the "Original" Promissory Note;
<br />WHEREAS, Borrower paid' to Lender' on Dece,.*er 31,. 1986 the sum
<br />df $535,000 which was agpLed to the outast:an.+t1nq' . indeb�:edness
<br />i
<br />represented by ,the Secanii gr.caissory Note;
<br />WHEREAS, Lender executed and delivered to Borrucger a Partial .
<br />need of Reconveyance, aated December 31, 1986 avid: recorded as
<br />nocument Number .86-107518" which released Units %6. 201.A�- 402,.
<br />403, 405, 502,•5050 601, 605x_702, 801 and 1401;
<br />WHEREAS, Lender executed and delivered to Borrower a Partial
<br />Deed of Reconveyance,.•dated December 31, 1986 and recorded as
<br />Document Number 86- 107519, ,which released Unit No. 602;
<br />WHEREAS, Borrower and Lender executed the Seventh 'Modifi-
<br />cation of Loan Documents dated as of March 19, 1987 (Document
<br />Number 87- 101900) which is incorporated herein by this reference
<br />and which, among other things, reduced the face amount and
<br />extended the maturity date of the Second Promissory Note to
<br />December 31, 1987;
<br />WHEREAS, Borrower and Lender executed the Third Amendment and
<br />Restatement of the FirsTier Bank, National Association, Lincoln,
<br />Nebraska, Construction Loan Agreement, dated as of March 18,
<br />1987, which is incorporated herein by this reference ( "Third
<br />Amendment to Construction Loan Agreement ");
<br />0EPM.0, Arter executed a Fifth Arter Guarantee, dated. as of
<br />March 18, 1987 ( "Fifth Guarantee ") in favor of the Lender or the
<br />holder of the Second Promissory Note, which is incorporated
<br />herein by this reference;
<br />WHEREAS, a Third Amendment to Declaration To The Yancey, a
<br />Condominium was executed on July 28, 1987 and recorded as
<br />Document Number 87- 104543, which among other things allocated
<br />certain Class, "B" Limited Property to the exclusive use of speci-
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