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<br /> � DEED OF TRUST MODIFICATION AGREEMENT �
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<br /> T IS DEED OF TRUST MODIFICATION AGREEMENT made and executed
<br /> this� ay of November, 1999, by and between OLD SEARS DEVELOPMENT,
<br /> INC., a Nebraska corporation, hereinafter referred to as "Borrower", and THE
<br /> OVERLAND NATi(JNAL BANK QF �RANJ ISLAN�, hereinafter referred to as
<br /> "Lender".
<br /> WITNESSETH:
<br /> WHEREAS, Borrower did on October 18, 1999, execute a certain Construction
<br /> Security Agreement Deed of Trust which secured a Construction Line of Credit Draw
<br /> Note payable to the order of the Lender in the total original amount of Four Hundred
<br /> Thirty-Five Thousand and No/100 Dollars ($435,000.00);
<br /> WHEREAS, the Construction Security Agreement Deed of Trust described above
<br /> was filed of record in the Office of the Hall County Register of Deeds on October 18,
<br /> 1999, as Instrument No. 0099110130, in respect to that real estate described as:
<br /> Lots One (1) and Two (2) and the Easterly Forty-Four (44) feet of Lot
<br /> Three (3), in Block Sixty-Three (63), in the Original Town, now City of
<br /> Grand Island, Hall County,Nebraska.
<br /> WHEREA_S, the date reflected in the Construction Security Agreement Deed of
<br /> Trust as the date it was made was incorrect by reason of an error of the scrivener;
<br /> WHEREAS, Borrower and Lender hereby desire to amend the existing
<br /> Construction Security Agreement Deed of Trust identified hereinabove to reflect the
<br /> correct date of its making;
<br /> NOW, THEREFORE, it is agreed:
<br /> 1. Corrected Date of Makin�. The correct date of the making of the Construction
<br /> Security Agreement Deed of Trust hereinabove identified is October 18, 1999.
<br /> 2. Continuing Effect. Except as specifically modified by this Deed of Trust
<br /> Modification Agreement, all other terms and provisions of the Construction Security
<br /> Agreement Deed of Trust hereinabove identified shall remain in full force and effect.
<br /> 3. ,Effect on Other Seeurit�. All r:,a� estat.,no�tgages, deeds of trust, assignments
<br /> and security agreements heretofore or concurrently herewith to be granted shall remain in
<br /> full force and effect to the extent not inconsistent with this Deed of Trust Modification
<br /> Agreement and shall continue as security for Borrowers remaining indebtedness
<br /> previously existing until such sum shall be paid, as well as any future indebtedness owing
<br /> from Borrower to the Lender for future advances and renewals in respect to all sums
<br /> owing from Borrower to Lender.
<br /> 4. Additional Documentation. Borrower further covenants to and with Lender
<br /> that Borrower shall, and will, at any time, now or later, upon request, make, do, execute
<br /> and deliver all such further and other acts, deeds and things as shall be reasonably
<br /> required to effectuate the intention of this Deed of Trust Modification Agreement and to
<br /> insure and confirm to the Lender all and singular the property, securities and rights
<br /> described, and intended to be conveyed, as security so as to render the same, and all
<br /> portions, whether now owned or later acquired, subject to these terms, provisions and
<br /> conditions according to the true intent and purposes expressed.
<br /> 5. Waiver. The failure of the Lender, at any time, to require the performa�ce by
<br /> the Borrower of any of these terms, covenants and agreements shall, in no way, affect its
<br /> JAB �
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