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MN 55479 <br /> <br />,.2cJ, ~o <br />FOR RECORDER'S USE ONLY <br /> <br />MODIFICATION OF DEED OF TRUST <br /> <br /> <br />200079849228100480 <br /> <br />THIS MODIFICATION OF DEED OF TRUST dated April 3, 2007, is made and executed between James Scott <br /> <br />Zana, Trustee, whose address is 209 lakeside Dr., Grand Island, NE 68801 ("Trustor") and Wells Fargo Bank, <br /> <br />National Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand Island, NE 68801 <br /> <br />("lender"). <br /> <br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated May 15. 2002 (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 $440,000.00 filed on May 16, 2002. as Document #0200205270. in the Office of the <br />Register of Deeds. Hall County. Nabraska. <br /> <br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska: <br /> <br />Second Amended Lot One (1 I, Block Nine (9). Continental Gardens Subdivision, City of Grand Island, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 2333 North Webb Road, Grand Island, NE 68803. The Real Property tax <br />identification number is 400038226. <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 the extension to March 25, 2012 of the maturity date of that certain $440.000.00 <br />promissory note, loan or credit agreement. confirmation and disclosure or other evidence of debt, dated es of March 30. 2007 and <br />secured thereby. <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 />dispute, claim or controversy of any kind. whether in contract or in tort, Legal or equitable. now existing or hereafter arising, relating in any <br />way to this Agreement or any related agreement incorporating this Arbitration Program (the "Documents"), or any past. present, or future <br />loans, transactions, contracts, agreements, relationships, incidents or injuries of any kind whatsoever relating to or involving Business <br />Banking. Regional Banking, or any successor group or department of Lender. DISPUTES SUBMITTED TO ARBITRATION ARE NOT <br />