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tv is is 0'> is .J:>. .J:>. 0) .J:>. ;lO Q~ rn '"" c: m (I) n:z: r~ n Z "" <:""~ <;") (f) ~I n 0 c.." :t: ~ ~~, <::r.> 0""'"1 m )>- ~ ::3 c:x> n en ~f' Z""'"1 ?\ :c = -I1T1 -c: -<0 <::: N 0""" Oir 0 .,., N ""z j 0 r .::r: rr'l en fT1 ::0 l> CD c.:> fT1 ::3 ' :::tJ 0 ,l> .....r:: en ~ (f) 0 ;;><:; .....r:: l> 0) en ........ ...- N en 4;~ en A..d-erw ~ /"".i..; Y\(,., WHEN RECORDED MAIL TO: TierOne Bank P.O. Box 5018, Grand Island, NE 68802 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST THIS MODn~ICATION OF DEED OF TRUST dated May 15, 2006, is made and executed between Northstar Plaza, L.L.C., a Limited Liability Company, ("Trustor") and TierOne Bank, successor to United Nebraska Bank (by merger), 1235 N StreetlPO Box 83009, Lincoln, NE 68501 ("Lender") . DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated September 23, 2005 (the "Deed of Trust") which has been recorded in Hall County, State of Nebraska, as follows: Filed on September 23, 2005 in Instrument No 0200509466 of Mortgage Records REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: See attached Exhibit "A" for legal description. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: Increase the Maximum Obligation Limit from $680,000.00 to $725,000.00. 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 party, 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 Moditication is given conditionally, based on the representation to Lender that the non- signing person consents to the changes and provisions of this Modiftcation 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 May 15,2006. A CREDIT AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDINGS OR DISAPPOINTMENTS, ANY CONTRACT, PROMISE, UNDERTAKING, OR OFFER TO FOREBEAR REPAYMENT OF MONEY OR TO MAKE ANY OTHER FINANCIAL ACCOMMODATION IN CONNECTION WITH THIS LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, OR ANY AMENDMENT OJ<" CANCELLATION OF, WAIVER OF, OR SUBSTITUTION FOR ANY OR ALL OF THE TERMS OR PROVISIONS OF ANY INSTRUMENT OR DOCUMENT EXECUTED IN CONNECTION WITH THIS LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, MUST BE IN WRITING TO BE EFFECTIVE. Grand Island Mod Corp-Kivett 0105.doe