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i° n C) M = D n o r 3: o U4 z n a. yl C) n y C G O Z4V M Q ZZI F--A Cl) O :N O rl- co CI) A � Z W N RECORDED ML TO: H AfI Five Points Bank � West Branch 2009 N. Diers Ave. Grand Island, NE 68803 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST r°' sa THIS MODIFICATION OF DEED OF TRUST dated November 9, 2004, is made and executed between JERRY RAPP SR and JOAN RAPP; Husband and Wife ( "Trustor ") and Five Points Bank, West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 ( "Lender "). DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated November 2, 2001 (the "Deed of Trust ") which has been recorded in Hall County, State of Nebraska, as follows: Document 200111290, recorded on November 5, 2001 in the Register of Deeds Office of Hall County, Nebaska. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: Part of Lot Seven (7), in Norwood Subdivision that being a part of the West Half of the Northwest Quarter (W1 /2NW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, more particularly described as follows, to-wit: Commencing at an iron pin 405 feet East of the Southwest corner of said lot, on the North side of Fifteenth Street, which street is on the south side of said lot and running thence North at right angles 280.5 feet thence thence East at Right angles 125 feet; thence South 280.5 feet thence West at right angles 125 feet to the place of beginning. The Real Property or its address is commonly known as Part of Lot Seven, Grand Island, NE 68801. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: With terms as agreed upon in Note 101204535. Maturity date extended to November 1, 2010. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by 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 parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non - signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED NOVEMBER 9, 2004. TRUSTOR: JCOIN RAPP