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IMOCI
<br />Loan No.
<br />SEVENTH 140DIFICATION OF LOAN DOCUMENTS
<br />(The Yancey)
<br />This Seventh Modification of Loan Documents ( "Agreement ") is
<br />made and entered into as of the 18th day of March, 1987, by and
<br />between FirsTier Bank, National Association, Lincoln, Nebraska
<br />(formerly known as First National Bank & Trust Company of
<br />Lincoln), a national bank organized under the laws of the United
<br />States of America ( "Lender "), Devco Investment Corporation, a
<br />Nebraska corporation ( "Borrower "); Devco Inc., a Nebraska
<br />corporation; Dean E. Arter; Carol J. Arter; Michael D. Arter;
<br />Jennifer R. Arter; Mark D. Arter; Lisa A. Arter; James 'E. Arter;
<br />Mary B. Arter; and Nancy C. Arter Gade. Borrower, Devco Inc.,
<br />Dean E. Arter, Carol J. Arter, Michael D. Arter, Jennifer R.
<br />Arter, Mark D. Arter, Lisa A. Arter, James E. Arter, Mary B.
<br />Arter, and Nancy C. Arter Gade are sometimes referred to
<br />individually and collectively as ( "Arter ").
<br />WITNESSETH:
<br />WHEREAS, Borrower and Lender executed a First National Bank &
<br />Trust Company of Lincoln Construction Loan Agreement dated
<br />October 16, 1984 ( "Original Agreement "), which is incorporated
<br />herein by this reference, for a construction loan for the
<br />renovation, remodeling and reconstruction of certain
<br />improvements;
<br />WHEREAS, Borrower executed a Promissory Note Secured By Deed
<br />of Trust for $2,650,000 dated October 16, 1984, in favor of
<br />Lender or its holder ( "Original Promissory Note "), which is
<br />incorporated herein by this reference;
<br />WHEREAS, the Original Promissory Note is secured in part by
<br />an Acknowledgment of Deed of Trust and Construction Security
<br />Agreement, Deed of Trust, Assignment of Rents and Security
<br />Agreement dated October 16, 1984, which is incorporated herein by
<br />this reference and filed for record as Document Number 84- 005508
<br />in the Register of Deeds Office for Hall County, Nebraska, as
<br />modified by the First Modification to Loan Documents, Second
<br />Modification to Loan Documents, Third Modification to Loan
<br />Documents, Fourth Modification to Loan Documents, Fifth
<br />Modification to Loan Documents, Sixth Modification of Loan
<br />Documents and this Seventh Modification.of Loan Documents, which
<br />are all defined herein which is incorporated herein by this
<br />reference, executed by the Borrower as Trustor on the real estate
<br />described in Exhibit "A" (collectively referred to as "Deed of
<br />Trust ");
<br />WHEREAS, Dean E. Arter and Carol J. Arter executed an Arter
<br />Guarantee, dated October 16, 1984 ( "Original Guarantee "), in
<br />favor of the Lender or the holder of the Original Promissory
<br />Note, which is incorporated herein by this reference;
<br />WHEREAS, Borrower executed other "Loan Documents" dated
<br />October 16, 1984 as that term is defined in the Original
<br />Agreement in favor of the Lender or its holder ( "Original Loan
<br />Documents "), which Original Loan Documents are incorporated
<br />herein by this reference;
<br />WHEREAS, Borrower and Lender executed the First Amendment and
<br />Restatement of the First National Bank & Trust Company of Lincoln
<br />Construction Loan Agreement, dated June 6, 1985 ( "First Amendment
<br />to Construction Loan Agreement "), which is incorporated herein by
<br />this reference, which modified the Original Loan Documents and
<br />the Original Agreement;
<br />WHEREAS, Borrower and Lender executed the First Modification
<br />of Loan Document dated June 6, 1985 (Document Number 85- 002943);
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