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$6- 10375 3 4. Elimination of Additional Interest Provisions. Those provisions for additional interest based upon annual gross room sales set forth in the Mortgage Note dated June 12, 1981, are hereby eliminated. 5. Right to Accelerate Maturity. The Lender reserves the right to accelerate the maturity of the balance of the indebted- ness hereby assumed at any time on or after July 1, 1996; and, upon written notice to the Assuming Parties of a date for such acceleration given not less than three (3) months prior to the date specified, any balance remaining due on such assumed indebt- edness shall be immediately due and payable on the date specified in such written notice of acceleration. 6. Release of Liability. In consideration of the assump- tion by the Assuming Parties on the obligations herein to be assumed, Lender hereby releases Locust Inn. Partnership; Thomas L. Anderson and Barbara Anderson, husband and wife; John Preisendorf, Jr. and Marilyn Preisendorf, husband and wife; and Rudolf F. Plate and Jeannice R. Plate, husband and wife, from any further personal liability for such indebtedness. 7. Unaltered Terms. Except as specifically modified hereby, alp other terms and conditions of the Mortgage Note dated June 12, 1981, and the Mortgage dated June 12, 1981, which was filed of record as Document No. 81- 003112 in the office of the Register of Deeds of Hall County, Nebraska, shall remain in full force and effect and unaltered by the terms of this agreement. 8. Additional Documentation. Assuming Parties further covenant to and with the Lender that the,, shall, and will, at any time, now or later, upon request, make, do, execute and deliver all such further and other acts .required to effectuate the intention of this Assumption and Loan Modification Agreement with Release and to insure and confirm to the *under all and singular the property, securities and rigt:ts described, and all portions, whether now owned or later acc;uized, sul-iject to these terms, provisions and conditions according to the true intent and purposes expressed. 9. Effect Of Failure to Recuire Performance. The failure of the Lender, at any time, to require the performance by the Assuming Parties of any of these terms, covenants and agreements, shall, in no way, affect the Lender's right to en orce the same; nor the waiver by the i.er.der of an breach of any term, covenant or agreement shall be taken or held to be a waiver o any suc- ceeding breach of any such term, covenant or agreement, or as a waiver of the term, covenant and agreement itself. 10. Jo}nt and Several Liability. This assumption by the - Assuming Pr je_b i io nt and several and shall bind the Assuming Parties and tfieiz heirs, personal representatives, assi ins successors an(] -3- L e }} 1