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NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged by Borrower, it is hereby agreed that the above - referenced Mortgage is amended as follows: 1. Borrower is the current owner of the Property, and there has not been any change in the title to the Property since the date of the Mortgage. 2. The Mortgage is hereby amended by deleting the words "Secured Obligations" from Mortgage in each place where it appears, and inserting "Debt" in lieu thereof. 3. The Mortgage is hereby amended by deleting the first paragraph of the Mortgage on page 1, and inserting in lieu thereof: 4. Section 33(c) on page 29 of the Mortgage is hereby deleted and replaced with the following: 5. The lien of the Mortgage and the covenants and agreements therein, except as herein modified, shall be and remain in full force and effect, subject to all of the conditions and 61840205.4 2O18Oi.5 3 Lender is making a loan to Borrower (the "Loan") in an amount not to exceed Seven Million Seven Hundred Five Thousand Eight Hundred Forty -Eight and 00 /100 Dollars ($7,705,848.00) pursuant to that certain Construction Loan Agreement dated as of December 22, 2015, by and between Borrower and Lender, as amended by First Modification Agreement dated as of July 31, 2017 and by Second Modification Agreement dated as of (novo, , 2018, the provisions of which are incorporated herein by reference to the same extent as if fully set forth herein (said Loan Agreement and any and all extensions and renewals thereof, amendments thereto and substitutions or replacements therefor is referred to herein as the "Loan Agreement"; any terms not defined herein shall have the meanings ascribed to such terms in the Loan Agreement). The Loan is evidenced by a Promissory Note dated as of even date herewith by Borrower payable to the order of Lender in the original principal amount of $7,705,848.00, as the same may be amended, restated, modified or supplemented and in effect from time to time (the "Note "). The Loan is due and payable in full on December 21, 2020 (the "Maturity Date "), except as such date may be accelerated pursuant to the terms hereof or of any other Loan Document (as hereinafter defined). This Mortgage encumbers certain real estate located in Hall County, Nebraska, legally described on Exhibit A attached hereto, and payment of the Note is secured by this Mortgage, financing statements and other security documents (this Mortgage, the Note, the Loan Agreement, and all other documents evidencing or securing the Loan (as amended, modified, replaced or restated from time to time) are collectively hereinafter referred to as the "Loan Documents "). The Loan bears interest at a variable rate of interest. Maximum Amount Secured. Notwithstanding anything contained herein to the contrary, in no event shall the Debt exceed an amount equal to $7,705,848.00; provided, however, in no event shall the Lender be obligated to advance funds in excess of the face amount of the Note. This Mortgage shall be governed by all provisions of Neb. Rev. Stat. § 76- 1002 (Reissue 2009).