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I---" 7' <br />(\. );,.. <br />~~ I---" ..I:..... <br /> C) (f) <br />~~ (f) ~ <br />wr- <br />I <br /> <br />WHEN RECORDED MAIL TO: <br />Wells Fargo Bank, National Association <br />Attn: Collateral Processing - Rep III <br />730 2nd Avenue South, Suite 1000 <br />Minneapolis, MN 55479 <br /> <br />,;2.0' 5"0 <br />FOR RECORDER'S USE ONLY <br /> <br />MODIFICATION OF DEED OF TRUST <br /> <br /> <br />200080637297700480 <br /> <br />THIS MODIFICATION OF DEED OF TRUST dated April 9, 2007, is made and executed between Brian L. <br /> <br />Poland, and Winnie Poland, husband and wife, whose address is 3604 S Blaine Street Lot 9, Grand Island, NE <br /> <br />68801; ("Trustor") and Wells Fargo Bank, National Association, whose address is Grand Island - Main, 304 W. <br /> <br />3rd Street, Grand Island, NE 68801 ("Lender"). <br /> <br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated November 12, 2004 (the "Deed of Trust") which has been <br />recorded in Hall County, State of Nebraska, as follows: <br /> <br />Original Deed of Trust in the amount of $550,000.00 flied on November 12, 2004, as Document #0200411037, in the Office of the <br />Registrar of Deeds, Hall County, Nebraska. <br /> <br />REAL PROPERTY DESCRIPTION, The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: <br /> <br />Lot Nine (9). in Meadowlark Estates Subdivision, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 3604 S. Blaine Street, Lot 9, Grand Island, NE 68801. The Real Property tax <br />identification number is 400213982. <br /> <br />MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: <br /> <br />The Deed of Trust is hereby modified to reflect that It secures that certain promissory note dated April 9, 2007 made by the Grantor <br />in the face amount of $800,000.00 payable to the Lender, and having a maturity date of April 10, 2008. The 2007 Replacement <br />Note replaces, but shall not be deemed payment or satisfaction of, the "Note" as defined in the Deed of Trust. All references in the <br />Deed of Trust to the "Note" shall henceforth be deemed to be references to the 2007 Replacement Note. <br /> <br />The Maximum Secured amount of this Deed of Trust is increasing from $550,000.00 to $800,000.00 for a total increase of <br />$250,000.00. <br /> <br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full <br />force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust <br />as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the <br />promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all <br />parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly <br />released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this <br />Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below <br />acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to <br />the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension <br />or modification, but also to all such subsequent actions. <br /> <br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies, each of which shall be effective as an <br />original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document <br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution. <br /> <br />ARBITRATION AGREEMENT, Arbitration - Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any <br />party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any <br />