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200312897 <br />3. Maturityof Deed of Trust. Any referencein the Deed of Trust to a maturitydate of the Deed of Trust is hereby deleted; it <br />being the intent of the parties hereto that the Deed of Trust have no stated maturity date. This does not affect maturity of t'rtc <br />Obligations under the Loan Documents. <br />4. Additional Terms. <br />5. Fees and Expenses. The Trustor will pay all fees and expenses (including attorneys' fees) in connection with the <br />preparation, execution and recording of this Amendment. <br />6. Effectiveness of Prior Document. Except as provided in this Amendment, all terms and conditions contained in the <br />Deed of Trust remain in full force and effect in accordance with their terms, including any reference in the Deed of Trust to future <br />credit secured by the Deed of Trust; and nothing herein will affect the priority of the Deed of Trust. All warrantiesand representations <br />contained in the Deed of Trust are hereby reconfirmed as of the date hereof. All collateral previously provided to secure the Note <br />continues as security, and all guaranties guaranteeing obligations under the Note remain in full force and effect. This is an <br />amendment, not a novation. <br />7. No Waiver of Defaults; Warranties. This Amendment shall not be construed as or be deemed to be a waiver by the <br />Beneficiaryof existing defaults by the Trustor whether known or undiscovered. All agreements, representations and warranties made <br />herein shall survive the execution of this Amendment. <br />8. Counterparts. This Amendment may be signed in any number of counterparts, each of which will be considered an <br />original, but when taken together will constitute one document. <br />9. Authorization. The Trustor represents and warrants that the execution, delivery and performance of this Amendment <br />and the documents referenced to herein are within the organizational powers (as applicable) of the Trustor and have been duly <br />authorized by all necessary organizational action. <br />IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE <br />ONLY THOSE TERMS IN WRITING, EXPRESSING CONSIDERATION AND SIGNED BY THE PARTIES ARE ENFORCEABLE. <br />NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. <br />THE TERMS OF THIS AGREEMENT MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT. <br />IN WITNESSWHEREOF,the undersigned has/have executed this AMENDMENTas of SEPTEMBER 4, 2003 <br />THE MEADOWS APARTMENT HOMES, L.L.C. <br />(Individual Trustor) Trustor Name (Organization) <br />a NEBRASKA Limit& t iabil.ity company <br />Printed Name <br />By <br />Name and Title RAYMOND 01 CONNOR, MEMBER <br />(Individual Trustor) <br />By <br />Printed Name <br />U.S. BANK N.A. <br />Beneficiary (Bank) <br />1 ✓ / <br />By. oel <br />BRIAN E VAHLE <br />Name and Title: MARKET PRESIDENT <br />Name and Title <br />[NOTARIZATION ON NEXT PAGE] <br />3501 NE Page 2 of 3 2/03 <br />