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N S S (j) S 0:> 01 -->. 01 ;lIQ m "'" c:: n Z :!:()O ." )>>- (I) n(l) ~::J: nn x)>>- m (I) ():::J: ;li; o N o o en c:> co U1 .......... U1 I ~ i 3 a ~ '"'" c::::; .-:= C;r.> en ,...,., -0 o if) o --1 c> :z:--1 ......f'T'I -<0 0" """"Iz :I: rTl 'P'" ",l~ ,::0 ,> U) ;><; > -- CI/) (f) ~R ::u ~, ~ >t o<~ '"T1 c t" ~ L .......... J:: ~ N N -0 ::3 Return To: Geneva State Bank POBox 313 Geneva, NE 6836l~0313 / /. Iff) DEED OF TRUST MODiFICATION AGREEMENT- This Deed of Trust Modification Agreement is Entered into as of this 19TH day of September, 2006, by and among 4Evergreen I, a Nebraska Liability Company (collectively referred to as "Trustor") and the Geneva State Bank, as successor in interest to the Geneva State Bank ("Beneficiary"). RECITALS WHEREAS, 4Evergreen I, L.L.C., executed and delivered to the Geneva State Bank a Deed of Trust dated December 21, 2005, which Deed of Trust was recorded in the office of the County Clerk of Hall County, Nebraska on December 23, 2005 at Instrument #0200512540 of the Mortgage Records of Hall County, Nebraska (the "Deed of Trust"); and WHEREAS, the Geneva State Bank is the Successor in Interest to the Geneva State Bank and is the Lender, Beneficiary and the Trustee under the Deed of Trust; and WHEREAS, the Deed of Trust encumbers the following described real property, to wit: Lot 1 and Outlot A., of Cedar Ridge Second Subdivision, in the City of Grand Island, Hall County, Nebraska. WHEREAS, the Deed of Trust was given to secure the "Indebtedness" as that term is defined in the Deed of Trust; and WHEREAS, Trustor and Beneficiary execute this Deed of Trust Modification Agreement to document their agreement and understanding of the Indebtedness that shall be secured by the Deed of Trust. NOW THEREFORE, in consideration of the foregoing, and the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Definition of Borrower. The Deed of Trust IS hereby modified to provide that the tcrm "Borrower" shall mean 4Evergreen I, L.L.c., or anyone or more of them, and whether such _'"0 _____'__. --,~~-'--.~'-'" -~.~-- ...;"" BOlTO'':vcr may be indebttu lv Beneficiary individualiy or jointly. 2. Obligations Secured by the Deed of Trust. Trustor acknowledges that the Deed of Trust secures all Indebtedness owing to Beneficiary, including such loans, extensions of credit, or advances that Beneficiary may, in its sole discretion, make now or at any time in the future to anyone or more of them. 3. Maximum Obligation Limit. The total principal amount secured by the Deed of Trust at anyone time shall not exceed Two Million One Hundred Twenty-five Thousand Dollars ($2,125,000.00). This limitation of amount does not include interest and other fees and charges validly made pursuant to the Indebtedness or the Deed of Trust. Also, this limitation does not apply to advances made under the terms of the Indebtedness or the Deed of Trust to protect Beneficiary's security and to perform any of the covenants contained in the Deed of Trust.