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S EY• a � 1 N O ti n = N �J DEED OF TRUST MODIFICATION AGREEMENT (Future Advance Provision) THIS MORTGAGE/DEED OF TRUST MODIFICATION AGREEMENT made and executed this � of DECEMBER. 2002 by and between STANLEY F NABITY AND HELEN M NABITY. HUSBAND AND WIFE. hereinafter referred to as `Borrower ", and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "lender ", WITNESSETH: WHEREAS, Borrower did execute a certain Deed of Trust dated DECEMBER 8. 1997 . filed of record in the OFFICE OF THE HALL COUNTY REGISTER OF DEEDS on DECEMBER 12. 1997 as DOCUMENT 9 97- 110533 in respect to that real estate described as: LOT ONE (1), COACH PLACE SUBDIVISION, HALL COUNTY, NEBRASKA WHEREAS, such Deed of Trust does not contain a provision regarding a right to future advances to be secured by such Deed of Trust; WHEREAS, Borrower has requested that Lender make an additional advance to be secured by such existing Deed of Trust; WHEREAS, Lender is willing to make an additional advance to be secured by such Deed of Trust provided there shall have been no filings of record subsequent to the date of the recording of that Deed of Trust hereinabove identified; WHEREAS, Borrower and Lender hereby desire to amend the existing Deed of Trust identified hereinabove to provide that it shall continue to secure the presently remaining indebtedness and the additional advance and future advances from and after the date hereinafter specified; NOW, THEREFORE, it is agreed: 1. IncoWration of Future Advance Rights. From and after the date of the execution of this Deed of Trust Modification Agreement, the indebtedness secured by the Deed of Trust described hereinabove shall secure advances made concurrently herewith and future advances in accordance with the following provision which shall hereafter be deemed to be a part of such Deed of Trust: Future Advances. Upon request of Borrower, Lender may, at its option, make additional and future advances and readvances to Borrower. Such advances and readvances, with interest thereon, shall be secured by this Deed of Trust. At no time shall the principal amount of the indebtedness secured by this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed the original principal amount stated herein, or $32 880.99 whichever is greater. 2. Continuing Effect. Except as specifically modified by this Deed of Trust Agreement, all other terms and provisions of this Deed of Trust hereinabove identified shall remain in full force and effect.