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200802156 A. Borrower shall pay any closing and recording costs and shall provide and pay the cost of appropriate title endorsement(s) to the original AL T A LmUl Policy to Title Insurance, Policy No. G52-0468892 dated May 5, 2005, issued by Lawyers Title Insurance Corporation of Lender, insuring that Lender's Security Instrument remains, subsequent to the recording of this Loan Modification Agreement, a second lien on the Property. B. Borrower shall execute that certain Note Secured by Construction Security Agreement ("Replacement Note") dated March 14, 2008, in the Principal sum of $3,862,000.00 identified in Paragraph C.I of this Loan Modification Agreement. C. Subject to receipt of this Loan Modification Agreement, fully executed, and items "A" and "B" above, the Parties agree to amend and modifY the terms and conditions of the Security Instrument as follows: 1. The "Note" identified in the fifth paragraph on Page I of the Security Instrument shall be the Note identified as follows: (a) Replacement Note in the Principal sum of Three Million Eight Hundred Sixty Two Thousand and No/IOO Dollars ($3,862,000.00) with a Maturity Date of April I, 20 II. Which certain Replacement Note is a modification of and substitution for all those certain Notes referenced above. The Replacement Note dated March 14, 2008 evidences the Principal balance due and owing on the all of those certain Notes referenced above. 2. Future Advance. Upon request of Borrower, Lender, at Lender's option so long as this Security Instrument secures indebtedness held by Lender, may make Future Advances to Trustor. Such Future Advances, with interest thereon, shall be secured by this Security Instrument when evidenced by promissory notes stating that said notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Security Instrument, not including sums advanced in accordance herewith to protect the security of this Security Instrument, exceed the original amount of the Replacement Note (U.S. $3,862,000.00) plus the additional sum of U.S. $-0-. D. The Assignment of Leases and Rents, Construction Loan Agreement and all other security instruments executed in connection with the loan are also hereby amended and modified to the extent of the foregoing modification of the Security Instrument set forth in this Loan Modification Agreement. E. Except as expressly modified by the terms hereof; all of the terms and provisions of the Security lnstnunent, and all other Existing Loan Documents evidencing or securing said indebtedness, are hereby ratilled and shall remain in full force and effect. By execution hereof, Borrower and Lender concur with all provisions contained in this Loan Modification Agreement. A CREDIT AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDINGS OR DISAPPOINTMENTS, ANY CONTRACT, PROMISE, UNDERTAKING, OR OFFER TO FOREBEAR REPAYMENT OF MONt:V OR TO MAKE ANY OTHER FINANCIAL ACCOMMODATION IN CONNECTION WITH THIS LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, OR ANY AMENDMENT OF, CANCELLATION OF, WAIVER OF, OR SUBSTITUTION FOR ANY OR ALL OF THE TERMS OR PROVISIONS OF ANY INSTRUMENT OR DOCUMENT EXECUTED IN CONNECTION WITH THIS LOAN OF MONEY OR GRANT OR EXTENSION OF CREDIT, MUST BE IN WRITING TO BE EFFECTIVE. [see next page for signatures] 2