|
m
<br />_ 1
<br />n
<br />:rm0
<br />N� nrn
<br />N •N
<br />�
<br />CVS
<br />IV
<br />WHEN RECORDED MAIL TO:
<br />FIVE POINTS BANK OF HASTINGS
<br />V MAIN BANK
<br />2815 OSBORNE DRIVE WEST
<br />HASTINGS, NE 68901
<br />n
<br />u,
<br />r.r-r
<br />r—•
<br />11
<br />O
<br />—J
<br />FOR RECORDER'S USE ONLY
<br />MODIFICATION OF DEED OF TRUST
<br />111111111
<br />11111111111111111111111111
<br />11
<br />11
<br />1111111111111111111111
<br />11
<br />"000000000000019868073503042020"
<br />1111111111111111
<br />11111
<br />THIS MODIFICATION OF DEED OF TRUST dated 03/04/2020, is made and executed between
<br />CAROL L MCWHIRTER, whose address is 480 W ROSEDALE RD, DONIPHAN, NE 68832 and
<br />DANIEL D MCWHIRTER, whose address is 480 W ROSEDALE RD, DONIPHAN, NE 68832;
<br />WIFE AND HUSBAND ("Trustor") and FIVE POINTS BANK OF HASTINGS , whose address is
<br />MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 ("Lender").
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated March 27, 2009 (the "Deed of Trust")
<br />which has been recorded in HALL County, State of Nebraska, as follows:
<br />Said Deed of Trust which was recorded on March 31, 2009 in the office of the Register of Deeds of Hall County,
<br />Nebraska on Instrument No. 0200902335.
<br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in HALL
<br />County, State of Nebraska:
<br />West Half (W1/2), Northeast Quarter (NE1/4) of Section 33, Township 9, Range 9 West, Fall County, Nebraska
<br />The Real Property or its address is commonly known as 367 W ROSEDALE RD, DONIPHAN , NE 68832.
<br />MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows:
<br />THE "MAXIMUM LIEN" SECTION OF THE DEED OF TRUST IS DELETED. THE DEED OF TRUST, AS MODIFIED, IS
<br />INTENDED BY THE LENDER, TRUSTOR, AND BORROWER TO SECURE ANY AND ALL INDEBTEDNESS OF THE
<br />BORROWER TO THE LENDER.
<br />THE "FUTURE ADVANCES" SECTION OF THE DEED OF TRUST IS DELETED AND REPLACED WITH THE
<br />FOLLOWING:
<br />"FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this
<br />Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br />may loan to Trustor, together with all interest thereon. This includes, but is not limited to, advances made by the
<br />Lender under Promissory Note Nos. 19868.
<br />THE MATURITY DATE OF THE DEED OF TRUST AS SET FORTH IN THE "NOTE" DEFINITION OF THE DEED OF
<br />TRUST OF JUNE 1, 2010 IS DELETED. THE DEED OF TRUST, AS MODIFIED, IS INTENDED BY THE LENDER,
<br />TRUSTOR, AND BORROWER, TO BE EXTENDED, AND REMAIN VALID AND ENFORCEABLE, FOR THE MAXIMUM
<br />DURATION PERMITTED BY NEBRASKA LAW.
<br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain
<br />unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require
<br />strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications.
<br />Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by
<br />the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all parties to the Deed of Trust and all
<br />parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by
<br />Lender in writing. Any maker or endorser, including accommodation maKars,'alaTf-ribt be released by virtue of this
<br />Modification. If any person who signed the original Deed of 1 hst does not sign this Modification, then all persons
<br />signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the
<br />non -signing person consents to the changes and provisions of this Modification or otherwise will not be released by it.
<br />This waiver applies not only to any initial extension or modification, but also to alr such subsequent actions.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND
<br />TRUSTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED 03/04/2020.
<br />vin
<br />
|