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<br />certain Class "B" Limited Property to the exclusive use of speci-
<br />fied Class "B" Units ("Third Amendment to Declaration"), which
<br />Third Amendment to Declaration is incorporated herein by this
<br />reference;
<br />
<br />WHEREAS, Lender executed and delivered to Borrower a Partial
<br />Deed of Reconveyance, dated July 31, 1987 and recorded as Docu-
<br />ment Number 87-104548 which released Units No. 201B, 201C, and
<br />201D;
<br />
<br />
<br />WHEREAS, Borrower and Lender executed the Fourth Amendment
<br />and Restatement of the FirsTier Bank, National Association,
<br />Lincoln, Nebraska, Construction Loan Agreement, dated this even
<br />date, which is incorporated by this reference ("Fourth Amendment
<br />to Construction Loan Agreement");
<br />
<br />WHEREAS, Borrower and Lender executed a Supplemental Assign-
<br />ment of Leases, dated this even date, which is incorporated
<br />herein by this reference ("Supplemental Assignment");
<br />
<br />WHEREAS, Borrower executed a Promissory Note Secured By Deed
<br />of Trust for $115,000 dated this even date, in favor of Lender or
<br />its holder ("Third Promissory Note"), which is incorporated
<br />herein by this reference;
<br />
<br />vlliEREAS, Arter executed a Sixth Arter Guarantee, dated this
<br />even date ("Sixth Guarantee") in favor of the Lender or the hol-
<br />der of the Second Promissory Note or Third Promissory Note, which
<br />is incorporated herein by this reference;
<br />
<br />WHEREAS, the Lender and Borrower desire to decrease the face
<br />amount of the Second Promissory Note from $900,000 to $672,041;
<br />
<br />WHEREAS, the Lender has agreed to further extend the maturity
<br />date of the Second Promissory Note to December 31, 1988;
<br />
<br />WHEREAS, Borrower and Lender desire to redefine the term
<br />"Loan Documents" as that term was defined in the Original Agree-
<br />ment, Deed of Trust, Original Loan Documents, First Amendment to
<br />Construction Loan Agreement, Second Promissory Note, Second Guar-
<br />antee, Readvanced Loan Documents, Second Amendment to Construc-
<br />tion Loan Agreement; Fourth Guarantee; Assignment of Leases;
<br />Lower Level Trust Deed; Parking Lot Trust Deed; Third Amendment
<br />to Construction Loan Agreement; Fifth Guarantee; Fourth Amendment
<br />to Construction Loan Agreement; Supplemental Assignment; Sixth
<br />Guarantee; and Third Promissory Note;
<br />
<br />WHEREAS, this Agreement modifies the Deed of Trust, Lower
<br />Level Trust Deed, Second Promissory Note, and other Loan Docu-
<br />ments as defined herein.
<br />
<br />NOW, THEREFORE, Lender and Borrower agree as follows:
<br />
<br />1. Deed of Trust. The term "Trustor" as defined in the
<br />Deed of Trust, as modified, is hereby modified to include Bor-
<br />rower, Devco Inc., Dean E. Arter and Carol E. Arter.
<br />
<br />2. Consent. Lender hereby approves the First Amendment to
<br />Declaration, Second Amendment to Declaration, and Third Amendment
<br />to Declaration.
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<br />3. New Definition of Loan Documents. This Agreement,
<br />Fourth Amendment to Construction Loan Agreement, Sixth Guarantee,
<br />and Third Promissory Note are hereby included in the definition
<br />of "Loan Documents" as that term is defined in the Original Loan
<br />Agreement, Deed of Trust, Original Loan Documents, First Amend-
<br />ment to Construction Loan Agreement, Second Promissory Note,
<br />Second Guarantee, Readvanced Loan Documents, Second Amendment to
<br />Construction Loan Agreement, Fourth Guarantee, Assignment of
<br />Leases, Lower Level Trust Deed, Parking Lot Trust Deed, Third
<br />Amendment to Construction Loan Agreement, Fifth Guarantee, Fourth
<br />Amendment to Construction Loan Agreement, Sixth Guarantee, and
<br />Third Promissory Note.
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