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.ss-- 10393 <br />3. Borrower further covenants to and with the Mender that it shall, <br />and will, at any time, now or later, upon request, make, do, execute and <br />deliver all such further and other acts required to effectuate the intention <br />of this Modification and Extension Agreement and to insure and confirm to the <br />Lender all and singular the property, securities and rights described, and <br />intended to by conveyed as security, so as to render the same, and all portions, <br />including improvements constructed thereon, whether now owned or later <br />acquired, subject to these terms, provisions and conditions according to the <br />true intent and purposes expressed. <br />4. The failure of the Lender, at any time, to require the performance <br />by the Borrower of any of these terms, covenants and agreement shall., in no <br />way, affect its right to enforce the same; nor the waiver by the Lender of <br />any breach of any term, covenant or agreement shall be taken or held to be <br />a waiver of any succeeding breach or any such teen, covenant or agreement, <br />Gr as a Wai -vcr of tiici' icI'.ii, covenan,, and a,,; cu..cnt .,,-;elf. <br />IN WITNESS WHEREOF, the undersigned have executed this Modification <br />and Extension Agreement on the date first noted above. <br />DAVIS BROS. CONSTRUCTION 00., <br />Also Known ws DAVIS BR IERS <br />CONSTRUCTION' 00MPANY <br />By: ! <br />President <br />' Tiorrower'' _ . <br />THE OVERLAND NATIONAL BANK OF <br />GIIA\T) I SI ND <br />"Lender" <br />STATE OF NEBRASKA) <br />ODUNT Y OF HALL ) <br />i this day of ,[ , 1986, before me, the undersigned, a Notary <br />Ch <br />Public duly cTmissioned and q lifi.ed for in said County, personally came <br />Wallace Davis, President of Davis Bros. Construction Co., also known as <br />Davis Brothers Construction Company, a corporation, known to me to be the <br />President and identical. person who signed the foregoing '.lodification and Extension <br />Agrecm -ant, and acknowledged the execution thereof to be his voluntary act and <br />deed as such officer and the voluntary act and deed of said corporation. <br />Witness my h�rnd and Notarial Seal the day and year last abbove written. <br />p�NOtlj1t_G 9LIDC <br />� FdZ51gl1 Notar•t? Public <br />lh � <br />_ g _ <br />