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,.og (") E m ::E: m ~ m ~ n % ;"'"'h".") n z '" ;:::;~ () u; m (....":) ::c .~ Q <::x> C> .-.j c:> :0 N ~ 1<' "-"{ c:: ~ r0 m ~"".'~,: " C._ Z --1 0 cSl % ::rJ ~. " = --1 r>l )> S " n"'l ('1" :z:: -< c:::J en co C) ~~,.......... (~) e .:"~ f---l 0 .-" c::> z 0' e -,-, C) """"'Il ."- co ~ N CL e c;l "', ::I: Pl :::0 e r'T'l ~\ :n :1->- C'J C') C ("'r', :::3 r- ~u :s: C':';J r l~ c::> (f) I. U) m t. UJ ^ r'0 ~ l:o- U1 c::> Z c..J (JJ C) 0 (JJ M-EJiv WHEN RECORDED MAIL TO: Five Points Bank West Branch 2009 N. Diers Ave. Grand Island, NE 68803 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST /0,50 THIS MODIFICATION OF DEED OF TRUST dated January 8, 2008, is made and executed between BRIAN D EARNEST, A Singler Person, BRAD D EARNEST, A Married Person, and AMY EARNEST, His Wife ("Trustor") and Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 ("Lender"). DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated May 15, 2003 (the "Deed of Trust") which has been recorded in HALL County, State of Nebraska, as follows: RECORDED MAY 21, 2003, ENTERED AS INSTRUMENT NO. 0200306351. REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in HALL County, State of Nebraska: THE SOUTHEAST QUARTER (SE1/4) OF SECTION THIRTY FOUR (34), TOWNSHIP TEN (10) NORTH, RANGE ELEVEN (11) WEST OF THE 6TH P.M. IN HALL COUNTY, NEBRASKA The Real Property or its address is commonly known as 160 ACRES IN HALL COUNTY, NEBRASKA, NE. MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: Extending maturity to January 1 5, 2013 and interest rate increase to 7.25 %. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the 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 parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND TRUSTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED JANUARY 8,2008. TRUSTOR: x ~~(~ ~Q~3Mt BRIAN D EARNEST ~...~ BRAD D EARNEST x~W111Mt A EARNES