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<br />Loan No.
<br />
<br />z:.. - &I"" - 7.,
<br />
<br />88-101240
<br />
<br />r
<br />
<br />EIGHTH MODIFICATION OF LOAN DOCUMENTS
<br />(The Yancey)
<br />
<br />This Eighth Modification of Loan Documents ("Agreement") is
<br />made and entered into as of the 2/ day of February, 1988, by
<br />and between FirsTier Bank, National Association, Lincoln,
<br />Nebraska (formerly known as First National Bank & Trust Company
<br />of Lincoln), a national bank organized under the laws of the
<br />United States of America ("Lender"), Devco Investment Corpora-
<br />tion, a Nebraska corporation ("Borrower"); Devco Inc., a Nebraska
<br />corporation; Dean E. Arter; Carol J. Arter; Michael D. Arter;
<br />Jennifer R. Arter; Mark D. Arter; Lisa A. Arter; James E. Arter;
<br />Mary B. Arter; and Nancy C. Arter Gade. Borrower, Devco Inc.,
<br />Dean E. Arter, Carol J. Arter, Michael D. Arter, Jennifer R.
<br />Arter, Mark D. Arter, Lisa A. Arter, James E. Arter, Mary B.
<br />Arter, and Nancy C. Arter Gade are sometimes referred to indivi-
<br />dually and collectively as "Arter."
<br />
<br />WITNESSETH:
<br />
<br />WHEREAS, Borrower and Lender executed a First National Bank &
<br />Trust Company of Lincoln Construction Loan Agreement dated
<br />October 16, 1984 ("Original Agreement"), which is incorporated
<br />herein by this reference, for a construction loan for the reno-
<br />vation, remodeling and reconstruction of certain improvements;
<br />
<br />WHEREAS, Borrower executed a Promissory Note Secured By Deed
<br />of Trust for $2,650,000 dated October 16, 1984, in favor of Len-
<br />der or its holder ("Original Promissory Note"), which is incor-
<br />porated herein by this reference;
<br />
<br />~~EREAS, the Original Promissory Note is secured in part by
<br />an Acknowledgment of Deed of Trust and Construction Security
<br />Agreement, Deed of Trust, Assignment of Rents and Security Agree-
<br />ment dated October 16, 1984, which is incorporated herein by this
<br />reference and filed for record as Document Number 84-005508 in
<br />the Register of Deeds Office for Hall County, Nebraska, as modi-
<br />fied by the First Modification to Loan Documents, Second Modifi-
<br />cation to Loan Documents, Third Modification to Loan Documents,
<br />Fourth Modification to Loan Documents, Fifth Modification to Loan
<br />Documents, Sixth Modification of Loan Documents, Seventh Modifi-
<br />cation of Loan Documents, and this Eighth Modification of Loan
<br />Documents, which are all defined herein which is incorporated
<br />herein by this reference, executed by the Borrower as Trustor on
<br />the real estate described in Exhibit "A" (collectively referred
<br />to as "Deed of Trust");
<br />
<br />WHEREAS, Dean E. Arter and Carol J. Arter executed an Arter
<br />Guarantee, dated October 16, 1984 ("Original Guarantee"), in
<br />favor of the Lender or the holder of the Original Promissory
<br />Note, which is incorporated herein by this reference;
<br />
<br />WHEREAS, Borrower executed other "Loan Documents" dated
<br />October 16, 1984 as that term is defined in the Original Agree-
<br />ment in favor of the Lender or its holder ("Original Loan Docu-
<br />ments"), which Original Loan Documents are incorporated herein by
<br />this reference;
<br />
<br />,.--
<br />
<br />L
<br />
<br />WHEREAS, Borrower and Lender executed the First Amendment and
<br />Restatement of the First National Bank & Trust Company of Lincoln
<br />Construction Loan Agreement, dated June 6, 1985 ("First Amendment
<br />to Construction Loan Agreement"), which is incorporated herein by
<br />this reference, which modified the Original Loan Documents and
<br />the Original Agreement;
<br />
<br />WHEREAS, Borrower and Lender executed the First Modification
<br />of Loan Documents dated June 6, 1985 (Document Number 85-002943);
<br />
<br />WHEREAS,
<br />tion of Loan
<br />
<br />Borrower and Lender executed the Second Modifica-
<br />Documents, dated June 30, 1985 (Document Number
<br />
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