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200402994 ACKNOWLEDGMENT, CONSENT AND WAIVER OF GUARANTOR The undersigned hereby acknowledge receipt of a copy of the foregoing Loan Modification Agreement, and consent to the modification of the Deed of Trust, and the other terms hereof. Further the undersigned reaffirm the terms and conditions of their Repayment Guaranty agreements as executed in connection with that Note Secured by Construction Security Agreement dated October 30, 2003 ( "Note ") and Construction Security Agreement/Deed of Trust with Assignment of Rents and Security Agreement dated October 30, 2003 ( "Deed of Trust "), and agree to be bound thereby as to the indebtedness thereunder or hereunder or under the Note and Deed of Trust as amended and we hereby waive and release any and all claims and defenses we might otherwise have as to our liability thereunder arising by reason of this Loan Modification Agreement or any act or omission occurring prior to the date hereof. GUARANTORS: RayYnond J. O'Connor Jei6fer S. btonnor O'Connor Enterprises, Inc., a Nebraska corporation By: RayVnond J. O'Connor, President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) The foregoing instrument was acknowledged before me this 1Z day of March, 2004, by Raymond J. O'Connor, an individual known unto me. GENERAL NOTARY- State of RONALD H. j��f * Comm. B&ZzZ& STATE OF NEBRASKA ss COUNTY OF HALL Public The foregoing instrument was acknowledged before me this 'a day of March, 2004, by Jennifer S. O'Connor, an individual known unto me. GENERAL NOTARY. State of RONALD KBR,M Wy ftft Ev-A/, r,, STATE OF NEBRASKA ss COUNTY OF HALL Public The foregoing instrument was acknowledged before me this 7,4 day of March, 2004, by Raymond J. O'Connor, the President of O'Connor Enterprises, Inc., a Nebraska corporation, on behalf of said corporation. Meadows mod.doc /loandocs3 /mr GENE RAL TNO x AR1' • State of]tl Public RONALD H. l31Et.F'unes..