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200609516 ADDENDUM TO CONSTRUCTION DEED OF TRUST This Addendum to Construction Deed of Trust ("Addendum") is made and entered into this 24th day of October, 2006, by and between PEDCOR INVESTMENTS-200S-LXXXII, L.P. ("Trustor") and FIVE POINTS BANK (referred to sometimes as "Lender", sometimes as Beneficiary, and sometimes as "Trustee") and amends that certain Construction Deed of Trust by and between the parties hereto dated October 24, 2006 ("Deed of Trust"). 1. Trustee and Trustor hereby agree that the Deed of Trust shall be amended as follows: a. Possession and Use. The provision is hereby amended by adding the words "and the continuation of an Event of Default beyond any applicable cure period" in the first line after the word "Default," and before the word "Trustor". b. Compliance with Environmental Laws. The provision is hereby amended as follows: (1) the words "and acknowledged by" in the fourth line are hereby deleted in their entirety; (2) the words "and acknowledged by" in the seventh and eighth lines are hereby deleted in their entirety; and (3) subsection 3(a) & (b) are hereby deleted in their entirety and the following is substituted in lieu thereof: "neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property unless such activity is conducted in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including without limitation, all Environmental Laws." c. Construction Loan. The provision is hereby amended by deleting the words "(or such earlier date as Lender may reasonably establish)" in the third line in their entirety. In addition, notwithstanding anything contained in this provision to the contrary, Trustee and Lender acknowledge and agree that if Lender requires lien waivers pursuant to this provision, Trustor shall only be required to provide lien waivers executed by the General Contractor; provided, however, if a lien has been filed or if the Lender reasonably believes that a lien is likely, upon request by Lender, Trustor shall provide lien waivers from subcontractors (except for any subcontractor whose liens have been bonded off or affirmatively insured over by the Title Company). d. Property Dama!!e Insurance. i. Application of Proceeds. Notwithstanding anything contained in this provision to the contrary, so long as (1) there exists no Event of DefauIt continuing beyond any applicable cure period and (2) the insurance proceeds are sufficient to restore the Property, or in the event the insurance proceeds are not sufficient, Trustor demonstrates to Lender that it has sufficient funds to restore the Property, then Lender shall make the insurance proceeds available for the restoration and payout such proceeds to Trustor. In the event Trustor elects not to restore the Property then Lender shall have the right to apply the proceeds to the Indebtedness. ii. Trustor's Report on Insurance. The provision is hereby amended by deleting the last sentence in its entirety. e. Lender's Expenditures. The provision is hereby amended by adding the following language: M:\MS\DEVLP\STATES\Nebraska\Riverbend II Grand Island NE\D. Legal\Loan Documents\Addendum to Construction Deed of" Trust(final).doc