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<br />Loan No: 9184626A
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<br />CHANGE IN TERMS AGREEMENT
<br />(Continued)
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<br />200700541
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<br />Page 2
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<br />Default.
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<br />Change In Ownership. Any change in ownership of twenty-five peroent (25 %) or more of the common stook of Borrower.
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<br />Adverse Change. A material adverse ohange occurs in Borrower's financial condition, or lender believes the prospect of payment or
<br />performance of the Indebtedness is impaired.
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<br />Inseourity. Lender in good faith believes itself insecure.
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<br />Cure Provisions. If any default, other than a default in payment is curable and if Borrower has not been given a notice of a breach of the
<br />same provision of this Agreement within the preceding twelve (12) months, it may be oured if Borrower, after receiving written notice from
<br />Lender demanding oure of such default: (1) cures the default within thirty (30) days; or (2) if the oure requires more than thirty (30)
<br />days, immediately initiates steps whioh Lender deems in Lender's sole discretion to be sufficient to oure the default and thereafter
<br />continues and completes all reasonable and necessary steps sufficient to produoe oompliance as soon as reasonably praotical.
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<br />lENDER'S RIGHTS. Upon default. lender may declare the entire unpaid principal balance under this Agreement and all accrued unpaid interest
<br />immediately due, and then Borrower will pay that amount. '
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<br />ATTORNEYS' FEES; EXPENSES. lender may hire or pay someone else to help oollect this Agreement if Borrower does not pay. Borrower will
<br />pay lender that amount. This includes, subjeot to any limits under applioable law, lender's attorneys' fees and lender's legal expenses,
<br />whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (inoluding efforts to modify or vacate any
<br />automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other
<br />sums provided by law.
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<br />GOVERNING lAW. This Agreement will be governed by federal law applicable to lender and. to the extent not preempted by federal law. the
<br />laws of the State of Nebraska without regard to its conflicts of law provisions. This Agreement has been accepted by lender in the State of
<br />Nebraska.
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<br />CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiotion of the courts of Hall County, State
<br />of Nebraska.
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<br />DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $10.00 if Borrower makes a payment on Borrower's loan and the oheck or
<br />preauthorized charge with which Borrower pays is later dishonored.
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<br />COllATERAL. Borrower aoknowledges this Agreement is seoured by Note, Deed of Trust on the premises located at 1618 Allen Avenue,
<br />Grand Island, Nebraska; UCC Security Agreement dated September 19th, 2003 on the Business Assets of Snow Shack of Nebrask, Inc.
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<br />CONTINUING VALIDITY. Except as expressly ohanged by this Agreement, the terms of the original obligation or obligations, including all
<br />agreements evidenoed or securing the obligation(s), remain unchanged and in full force and effeot. Consent by Lender to this Agreement does
<br />not waive Lender's right to striot performance of the obligation(s) as changed, nor obligate Lender to make any future ohange in terms. Nothing
<br />in this Agreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and
<br />endorsers of the original obligation(s), including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or
<br />endorser, including aocommodation makers; will not be released by virtue of this Agreement. If any person who signed the original obligation
<br />does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the
<br />representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released
<br />by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions.
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<br />WAIVERS AND MODIFICATIONS. This Agreement and all documents relating thereto, including, without limitation, (i) consents, waivers and
<br />modifications which may hereafter be executed, and (ij) certificates and other information previously or hereafter furnished, may be reproduced
<br />by any photographic, photostatic, microfilm, microcard, miniature photographic or similiar prooess. The parties agree that any such reproduction
<br />shall be admissible in evidence as the original itself in any judicial or administrative proceeding, whether or not the original is in existence and
<br />whether or not such reproduction was made by a party in the regular course of business, and that any enlargement, facsimile or further
<br />reproduction of such reproduotion shall likewise be admissible in evidence. .
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<br />CERT. OF LOAN BALANCE & WAIVER. An exhibit, titled "CERTIFICATION OF LOAN BALANCE AND WAIVER OF CLAIMS," is attached to this
<br />Agreement and by this reference is made a part of this Agreement just as if all the provisions, terms and oonditions of the Exhibit had been fully
<br />set forth in this Agreement.
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<br />PRIOR NOTE. Promissory Note from Snow Shack of Nebraska, Inc. to U.S. Bank National Association dated September 19th, 2003 in the
<br />amount of $ 40,000.00.
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<br />SUCCESSORS AND ASSIGNS. Subject to any limitations stated in this Agreement on transfer of Borrower's interest, this Agreement shall be
<br />binding upon and inure to the benefit of the parties, their successors and assigns, If ownership of the Collateral becomes vested in a person
<br />other than Borrower, Lender, without notice to Borrower, may deal with Borrower's successors with reference to this Agreement and the
<br />Indebtedness by way of forbearance or extension without releasing Borrower from the obligations of this Agreement or liability under the
<br />Indebtedness,
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<br />MISCEllANEOUS PROVISIONS. If any part of this Agreement cannot be enforced, this fact will not affect the rest of the Agreement. Lender
<br />may delay or forgo enforoing any of its rights or remedies under this Agreement without losing them, Borrower and any other person who
<br />signs, guarantees or endorses this Agreement, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor.
<br />Upon any change in the terms of this Agreement, and unless otherwise expressly stated in writing. no party who signs this Agreement, whether
<br />as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend
<br />(repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfeot Lsnder's
<br />security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notioe to anyone. All such
<br />parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification
<br />is made. The obligations under this Agreement are joint and several.
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