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200609516
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Last modified
10/25/2006 4:56:30 PM
Creation date
10/25/2006 4:56:29 PM
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DEEDS
Inst Number
200609516
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<br />200609516 <br /> <br />days, immediately initiates steps to cure the default and thereafter continues and <br />completes all reasonable and necessary steps sufficient to produce compliance as soon as <br />reasonably practicable. <br /> <br />Notwithstanding anything to the contrary contained herein, in the event of any default <br />hereunder the Lender shall provide notice to Trustor's Limited Partner (at the address set <br />forth below), and Limited Partner shall have the right, but not the obligation, to cure such <br />default on behalf of Trustor. Limited Partner notices shall be sent to: <br /> <br />CTCW - Riverbend 2 LLC <br />c/o Column Financial <br />2660 Eastchase Lane <br />Montgomery, AL 36117 <br />Attention: Sam Colson, Vice President Operations <br />Telephone: (334) 286-6828 <br />Facsimile (334) 281-9488" <br /> <br />J. Rie:hts and Remedies on Default. The provision is amended by adding the words "and is <br />continuing beyond any applicable cure period" after the word "Trust" and before the word <br />"at" in the first line. <br /> <br />k. Miscellaneous Provision. <br /> <br />I. Annual Report. The provision is amended by adding the following words at the end of the <br />first sentence, "certified by a representative of Trustor." <br /> <br />l. Definitions. <br /> <br />i. Note. The provision is hereby deleted in its entirety and the following is substituted in <br />lieu thereof: <br /> <br />"The word Note means, collectively, the following promissory notes: (a) the promissory note <br />(loan no. 101210917) dated October 24, 2006, in the principal amount of $2,600,000.00 from <br />Trustor to Lender; and (b) the promissory note (loan no. 101210956) dated October 24, 2008, <br />in the principal amount of $2,600,000.00 from Trustor to Lender; together with all renewals <br />of, addendums to, extensions of, modifications of, refinancing of, consolidations of, and <br />substitutions for the foregoing promissory notes. NOTICE TO TRUSTOR: ONE OF MORE <br />OF THE FOREGOING NOTES CONTAINS A VARIABLE RATE. <br /> <br />2. Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them <br />in the Deed of Trust. <br /> <br />3. In the event of any conflicts or inconsistencies between this Addendum and the Deed of Trust, <br />this Addendum shall control. <br /> <br />4. Except as expressly modified by this Addendum, the Deed of Trust shall remain unchanged and <br />in full force and effect. <br /> <br />M:\MS\DEVLP\ST A TES\Nebraska\Riverbend " Grand Island NE\D. Legal\Loan Documents\Addcndum to Construction Deed of <br />Trust(final).doc <br />
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