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200802270 A. Borrowcr shall pay any closing and recording costs and shall providc and pay the cost of appropriate title endorsement(s) to the original ALTA Loan Policy of Title Insurance, Policy No. 052-0287501 datcd October 31,2003, issued by Lawyers Title Insurance Corporation to Lender, insuring that Lendcr's Security Instrument remains, subsequent to the recording of this Second Loan Modification Agreemcnt, a tlrstlien on the Property. B. Borrower shall cxecute that certain Note Secured by Construction Security Agreement ("Rcplacement Note") datcd March 14,2008, in thc Principal sum of$3,862,000.00 identified in Paragraph C.I of this Second Loan Modification Agreement. C. Subject to reccipt of this Second Loan Moditlcation Agreemcnt, fully executed, and items "A" and "B" above, the Parties agree to amend and modify the terms and conditions ofthe Sccurity Instrument as follows: I. Thc "Note" identified in the fifth paragraph on Page 1 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 1, 2011. 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 referenccd 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 Futurc 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 hercby. At no time shall thc principal amount of the indebtedness secured by this Sccurity Instrument, not including sums advanced in accordance herewith to protect the security of this Security Instrument, excecd the original amount of the Replacement Note (U.S. $3,862,000.00) plus the additional sum of U.S. $~O-. D. The Assignment of Leases and Rents, Construction Loan Agreement and all other security instruments executed in connection with the loan arc also hereby amcnded and modified to the extent of the foregoing modification of the Security Instrument set forth in this Second Loan Modification Agreement. E. Except as expressly modified by the terms hereof, all of the terms and provisions of the Security Instrument, and all other Existing Loan Documents evidencing or securing said indebtedness, are hereby ratified and shall remain in full force and effect. By execution hereot; Borrower and Lender concur with all provisions contained in this Second Loan Modification Agrcement. 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 }<'OREBEAR REPAYMENT OF MONEY OR TO MAKE ANY OTHER F.INANCIAL 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 01<' MONEY OR GRANT OR EXTENSION OF CREDIT, MUST BE IN WRITING TO BE EFFECTIVE. [see next page tor signatures] 2