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200406078 <br />fixed rate of interest rather than a variable rate as originally set forth in such Adjustable Rate <br />Rider; <br />NOW, THEREFORE, it is agreed: <br />1. Interest Rate and Maturity Modification. Commencing effective June 1 , 2004, <br />the indebtedness secured by the Deed of Trust with Adjustable Rate Rider hereinabove identified <br />shall accrue interest at a fixed rate of Six And Nine Tenths percent (6_9 %) throughout the <br />remaining term of such indebtedness and, notwithstanding the provisions contained in the <br />Adjustable Rate Rider, there shall be no further adjustments to such interest rate. The final <br />maturity of such indebtedness as modified, secured by such Deed of Trust shall be June 1 , <br />2014, notwithstanding any other date of maturity which may have been specified in the Deed of <br />Trust hereinabove identified. <br />2. Continuin Effect. ffect. Except as specifically modified by this Deed of Trust <br />Modification Agreement, all other terms and provisions of this Deed of Trust with Adjustable <br />Rate Rider hereinabove identified shall remain in full force and effect. <br />3. Effect on Other Security. All real estate mortgages, deeds of trust, assignments <br />and security agreements heretofore or concurrently herewith to be granted shall remain in full <br />force and effect to the extent not inconsistent with this Deed of Trust Modification Agreement <br />and shall continue as security for Borrowers remaining indebtedness previously existing until <br />such sum shall be paid, as well as any future indebtedness owing from Borrower to the Lender <br />for future advances and renewals in respect to all sums owing from Borrower to Lender. <br />4. Additional Documentation. Borrower further covenants to and with Lender that <br />Borrower shall, and will, at any time, now or later, upon request, make, do, execute and deliver <br />all such further and other acts, deeds and things as shall be reasonably required to effectuate the <br />intention of this Deed of Trust Modification Agreement and to insure and confirm to the Lender <br />all and singular the property, securities and rights described, and intended to be conveyed, as <br />security so as to render the same, and all portions, whether now owned or later acquired, subject <br />to these terms, provisions and conditions according to the true intent and purposes expressed. <br />5. Waiver. The failure of the Lender, at any time, to require the performance by the <br />Borrower of any of these terms, covenants and agreements shall, in no way, affect its rights to <br />enforce the same; nor the waiver by the Lender of any breach of any term, covenant or agreement <br />be taken or held to be a waiver of any succeeding breach of any such term, covenant or <br />agreement, or as a waiver of the term, covenant and Agreement itself. <br />IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust <br />Modification Agreement on the date first noted above. <br />