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86-105,247
<br />Loan No.
<br />SIXTH MODIFICATION OF LOAN DOCUMENTS
<br />(The Yancey)
<br />�•
<br />This Sixth Modification of Loan Documents ( "Agreement ") is made and
<br />entered into as of the 11th day of September, 1986, by and between FirsTier
<br />Bank, National Association, Lincoln, Nebraska (formerly known as First
<br />`
<br />National Bank & Trust Company of Lincoln), a national bank organized under
<br />the laws of the United States of America ( "Lender "), Devco Investment
<br />Corporation, a Nebraska corporation ( "Borrower "); Deveo Inc., a Nebraska
<br />k
<br />corporation; Dean E. Arter; Carol J. Arter; Michael D. Arter; Jennifer R.
<br />Arter; Mark D. Arter; Liss A. Arter: dames E. Arter; Mary B. Arter; and
<br />Nancy C. Arter Gade. Borrower, Deveo Inc., Dean E. Arter, Carol J.
<br />Arter, Michael D. Arter, Jennifer R. Arter, Mark D. Arter, Lisa A. Arter,
<br />James E. Arter, Mary B. Arter, and Nancy C. Arter Gade are sometimes
<br />referred to individually and collectively as ( "Arter ") .
<br />WITNESSETH:
<br />WHEREAS, Borrower and Lender executed a First National Bank & Trust
<br />Company of Lincoln Construction Loan Agreement dated October 16, 1984
<br />( "Original Agreement "), which is incorporated herein by this reference, for a
<br />construction loan for the renovation, remodeling and reconstruction of certain
<br />improvements;
<br />WHEREAS, Borrower executed a Promissory Note Secured By Deed of
<br />Trust for $2,650,000 dated October 16, 1984, in favor of Lender or its holder
<br />( "Original Promissory Note "), which is incorporated herein by this reference;
<br />WHEREAS, the Original Promissory Note is secured in part by an
<br />Acknowledgment of Deed of Trust and Construction Security Agreement, Deed
<br />of Trust, Assignment of Rents and Security Agreement dated October 16,
<br />1984, which is incorporated herein by this reference and filed for record as
<br />Document Number 84- 005508 in the Register of Deeds Office for Hall County,
<br />Nebraska, as modified by the First Modification to Loan Documents, Second
<br />Modification to Loan Documents, Third Modification to Loan Documents, Fourth
<br />Modification to Loan Documents, Fifth Modification to Loan Documents and this
<br />Sixth Modification of Loan Documents which are all defined herein which is ,
<br />incorporated herein by this reference, executed by the Borrower as Trustor
<br />on the real estate described in Exhibit "A -1" (collectively referred to as
<br />"Deed of Trust ") ;
<br />WHEREAS, Dean E. Arter and Carol J. Arter executed an Arter Guaran-
<br />tee, dated October 16, 1984 ( "Original Guarantee "), in favor of the Lender or
<br />the holder of the Original Promissory Note, which is incorporated herein by
<br />this reference;
<br />WHEREAS, Borrower executed other "Loan Documents" dated October 16,
<br />1984 as that term is defined in the Original Agreement in favor of the Lender
<br />or its holder ( "Original Loan Documents ") , which Original Loan Documents are
<br />incorporated 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 Construc-
<br />tion Loan Agreement, dated June 6, 1985 ( "First Amendment to Construction
<br />Loan Agreement "), which is incorporated herein by this reference, which
<br />modified the Original Loan Documents and the Original Agreement;
<br />WHEREAS, Borrower and Lender executed the First Modification of Loan
<br />Document dated June 6, 1985 (Document Number 85- 002943);
<br />WHEREAS, Borrower and Lender executed the Second Modification Of
<br />Loan Documents (Document Number 86- 100116) which among other things
<br />extended the maturity date of the Original Promissory Note to December 31,
<br />1985;
<br />WHEREAS, Borrower executed a Second Promissory Note Secured By
<br />Deed of Trust for $1,070,000, dated June 6, 1985 ( "Second Promissory
<br />Note "), in favor of Lender or its holder, which is incorporated herein by this
<br />reference;
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