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<br />0 irst Dakota National Bank
<br />25 Cedar Street, PO Box 156
<br />ankton SD 57078
<br />605) 665-4906
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<br />DEED OF TRUST MODIFICATION AGREEMENT
<br />Whereas, FIRST DAKOTA NATIONAL BANK, whose address is 225 Cedar Street, Yankton, SD 57078
<br />("Lender"), loaned $1,850,000.00 to Charles F and Mary Lou Neumann Revocable Trust dated June 11,
<br />2007, Chuck Francis Neumann aka Charles F Neumann, and Mary Lou Neumann, as represented by a
<br />Note, a Deed of Trust and a Security Agreement executed and delivered December 29, 2017. Chuck
<br />Francis Neumann aka Charles F Neumann and Mary Lou Neumann, not personally but as Trustees on
<br />behalf of Charles F. and Mary Lou Neumann Revocable Trust dated June 11, 2007, a Trust, whose address
<br />is 908 N. Kansas Avenue, Hastings, NE 68901 ("Trustor") delivered to First Dakota National Bank the
<br />aforesaid Deed of Trust, which was duly recorded on January 4, 2018 in the office of the Register of Deeds
<br />of Hall County, State of Nebraska as Instrument No. 201800083 and re-recorded on January 16, 2018 in
<br />the office of the Register of Deeds of Hall County, State of Nebraska as Instrument No. 201800291 ("Deed
<br />of Trust"). The Deed of Trust currently encumbers the following described real estate, situated in said
<br />county and state aforesaid, to -wit:
<br />See Exhibit A, which is attached to this Deed of Trust Modification Agreement and made a
<br />part of this Deed of Trust Modification Agreement as if fully set forth herein.
<br />Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are
<br />hereby acknowledged, Lender and Trustor hereby agree that the Deed of Trust shall hereby be
<br />modified as follows:
<br />1. The DEFINITION of Note shall hereby be amended and replaced in its entirety by the
<br />following:
<br />The word "Note" means the Promissory Note dated December 2, 2019 executed by Charles
<br />F Neumann; Mary Lou' Neumann; and Charles F. and Mary Lou Neumann Revocable Trust
<br />dated June 11, 2007, in the original principal amount of $1,757,000.00, together with all
<br />renewals of, extensions of, modifications of, refinancings of, consolidations of, and
<br />substitutions for the note or credit agreement. The maturity date of this Mortgage is
<br />January 1, 2050.
<br />Notice: The Deed of Trust secures credit in the amount of $1,757,000.00. Loans and
<br />advances up to this amount, together with Interest, are senior to Indebtedness' to other
<br />creditor under subsequently recorded or filed mortgages and liens.
<br />Water Rights: Trustor shall maintain the Water Rights during the term of the loan at a level
<br />and of a nature sufficient to provide the continuing, enforceable right to receive irrigation
<br />water on the property from such sources, in such quantities and at such times and locations
<br />as has historically been available to the property without interruption or substantially
<br />increased cost and in any event sufficient to provide adequate water and/or drainage to
<br />continue the current and proposed agricultural operations on the property. All existing
<br />Water Rights benefiting or available to the property shall be maintained in full force and
<br />effect for the benefit of the property by Trustor and applied to beneficial use so as to
<br />maintain the validity and priority of such rights. Trustor shall fully comply with, and not
<br />permit a default to occur under any water licenses, permits or delivery contracts used to
<br />provide water to the property, and shall timely exercise all renewal or extension rights in
<br />such contracts. Trustor shall not modify, amend or terminate any Water Rights without the
<br />Lender's prior written consent. Trustor shall comply with the rules, regulations and
<br />ordinances of any water district, water agency or groundwater management agency in
<br />ON 1N3Wf1IISN1 SV 03H31N3
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