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202104148 WHEREAS, Borrower and Lender previously modified the Loan Agreement pursuant to that certain First Modification Agreement dated July 31, 2017 (hereinafter referred to as the "First Modification"); WHEREAS, the Lender extended an additional loan to the Borrower in the amount of One Million Two Hundred Five Thousand Eight Hundred Forty -Eight and 00/100 Dollars ($1,205,848.00) (the "Additional Loan") pursuant to the terms of a certain Second Modification Agreement between Borrower and the Lender dated as of March 12, 2018 (the "Second Modification") (the Original Loan and the Additional Loan are hereinafter collectively referred to as the "Loan"); WHEREAS, the Original Loan and the Additional Loan are evidenced by a certain Amended and Restated Promissory Note dated as of March 12, 2018, in the original principal amount of Seven Million Seven Hundred Five Thousand Eight Hundred Forty -Eight and No/100 Dollars ($7,705,848.00) (the "Note"); WHEREAS, the Loan evidenced by the Note is secured by, among other things, (i) that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing by Borrower for the benefit of Lender dated as of December 22, 2015, and recorded as Instrument Number 201508663 in the Office of the Register of Deeds of Hall County, Nebraska (the "Recorder's Office"), as amended by Amendment to Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing by and between Borrower and Lender dated as of March 12, 2018, and recorded as Instrument Number 201801533 in the Recorder's Office (together with all renewals, modifications, increases and extensions thereof, the "Mortgage"), which grants Lender a first priority security interest in the real property described on Exhibit A attached thereto (the "Property"); and (ii) that certain Assignment of Leases and Rents dated as of December 22, 2015, and recorded as Instrument Number 201508664 in the Recorder's Office as amended by First Amendment to Assignment of Leases and Rents by and between Borrower and Lender dated as of March 12, 2018, and recorded as Instrument Number 201801534 in the Recorder's Office (the Assignment of Leases") The Loan Agreement, Note, Mortgage, the Assignment of Leases and each of the other documents evidencing or securing the Loan are hereinafter referred to collectively as the "Loan Documents;" WHEREAS, the Borrower and Lender modified the terms of the Loan Documents pursuant to a certain Third Modification Agreement dated as of July 17, 2019 (the "Third Modification"); WHEREAS, the current principal balance of the Note is $6,766,399.42; WHEREAS, the Borrower has requested that the Lender waive a failure of the Borrower to meet certain requirements of the Loan Documents; WHEREAS, Lender is willing to waive such failure provided that the Borrower agrees to modify certain of the terms and conditions of the Loan Documents, pursuant to and in accordance with the terms of this Agreement; and NOW, THEREFORE, as an inducement to Lender to make the Loan to Borrower and to extend the Maturity Date of the Note and to permit the Borrower to enter into the Swap 2 77472029.1 77472f)29 4