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200706176 PAGE 2 2. Continuing Effect. Except as specifically modified by this Agreement, all other terms and provisions of this Deed of Trust hereinabove identified shall remain in full force and effect. 3. Effect on Other Security. All real estate mortgages, deeds of trust, assignments and security agreements heretofore or concurrently herewith to be granted shall remain in full force and effect to the extent not inconsistent with this Deed of Trust Modification Agreement and shall continue as security for Borrowers remaining indebtedness previously existing until such sum shall be paid, as well as any future indebtedness owing from Borrower to the Lender for future advances and renewals in respect to all sums owing from Borrower to Lender. 4. Additional Documentation. Borrower further covenants to and with Lender that Borrower shall, and will, at any time, now or later, upon request, make, do, execute and deliver all such further and other acts, deeds and things as shall be reasonably required to effectuate the intention of this Deed of Trust Modification Agreement and to insure and confirm to the Lender all and singular the property, securities and rights described, and intended to be conveyed, as security so as to render the same, and all portions, whether now owned or later acquired, subject to these terms, provisions and conditions according to the true intent and purposes expressed. 5. Waiver. The failure of the Lender, at any time, to require the performance by the Borrower of any of these terms, covenants and agreements shall, in no way, affect its rights to enforce the same; nor the waiver by the Lender of any breach of any term, covenant or agreement be taken or held to be a waiver of any succeeding breach of any such term, covenant or agreement, or as a waiver of the term, covenant and Agreement itself. IN WTINESS WHEREOF, the undersigned have executed this Deed of Trust Modification Agreement on the date first noted above. ~ ~~ MARK MER.l'diL --- . ~ '--r'v1 -~~ ELLEN M MERRILL STATE OF NEBRASKA) COUNTY OF HALL ) The foregoing Deed of Trust Modification Agreement was acknowledged before me this 16TH day of JUL Y. 2007 by MARK W MERRILL AND ELLEN M MERRILL. HUSBAND AND WIFE. ~'~) HOME FEDERAL SA VINaS AND LOAN ASSOCIATION OF GRAND ISLAND By0~dz.ct~-7-/ Its ~-I/ ~ ~h~:./ "Lender" () STATE OF NEBRASKA) COUNTY OF HALL ) The foregoing Deed of Trust Modification Agreement was acknowledged before me this 16TH day of JULY. 2007. byWDI'IlA Iv~Dsper-- , &tj/)J -Lel'?lln5" of Home Federal Savings and Loan Association of Grand Island, ederally chartered savings and loan association, on behalf of the association. . .. , GENERAl. NOTARY, State of Nebraska STEPHANIE LILIENTHAl. My Comm. Exp. Aug. 14, 2008