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86- 105247
<br />WHEREAS, The Second Promissory Note is secured in part by the
<br />Deed of Trust; "
<br />WHEREAS, Dean E. Arter and Carol J. Arter executed. a Second Arter
<br />Guarantee, dated June 6, 1985 ( "Second Guarantee ") in favor of the Lender
<br />or the holders of the Original Promissory Note and Second Promissory Note,
<br />which is incorporated herein by this reference;
<br />WHEREAS, Borrower executed other "Loan Documents" dated June 6,
<br />1985 as that term is defined in the First Amendment to Construction Loan t
<br />Agreement in favor of the Lender or its holder ( "Readvanced Loan Docu-
<br />ments") which Readvanced Loan Documents are incorporated herein by this
<br />reference;
<br />WHEREAS, Borrower and Lender executed the Third Modification of Loan
<br />Documents dated as of March 31, 1985 (Document Number 86- 104116) which,
<br />among other things, extended the maturity date of the Second Promissory
<br />Note to March 31, 1986;
<br />WHEREAS, Borrower and Lender executed the Fourth Modification of
<br />Loan Documents dated as of February 18, 1986 (Document Number 86- 100912)
<br />s' which, among other things, extended the maturity date of the Original.
<br />Promissory Note to June 30, 1986;
<br />WHEREAS, Borrower and Lender executed the Fourth Modification of
<br />Loan Documents dated as of April 23, 1986 (hereinafter amended and
<br />relabeled the "Fifth Modification to Loan Documents) (Document Number
<br />86- 102190) , which, among other things., extended the maturity date of the
<br />Second Promissory Note to July 31, 1986;
<br />WHEREAS, Borrower and Lender executed the Second Amendment and -
<br />Restatement of the FirsTier Bank, National Association, Lincoln, Nebraska,
<br />Construction Loan Agreement, dated this even date, which is incorporated
<br />herein by this reference ( "Second Amendment to Construction Loan
<br />Agreement ") ;
<br />WHEREAS, Devco Inc., Dean E. Arter and Carol J. Arter executed a
<br />Third Arter Guarantee, dated as of this even date ( "Third Guarantee ") in
<br />favor of the Lender or the holders of the Original Promissory Note which is
<br />incorporated herein by this reference;
<br />WHEREAS, Arter executed a Fourth Arter Guarantee, dated as of this
<br />even date ( "Fourth Guarantee ") in favor of the Lender or the holder of the
<br />Second Promissory Note, which is incorporated herein by this reference;
<br />WHEREAS, Borrower executed a First Amendment of Assignment of
<br />Leases, dated this even date ( "Assignment of Leases ");
<br />WHEREAS, Borrower executed a Trust Deed dated this even date as
<br />Trustor with Lender as Trustee and Beneficiary on the real estate described
<br />in Exhibit "A -2" which is attached hereto and incorporated herein by this
<br />reference and fiiled in the Register of Deeds Office for Hall County, Nebraska
<br />( "Parking Lot Trust Deed ") which Parking Lot Trust Deed is securing the
<br />indebtedness and obligations evidenced by the Original Promissory Note and
<br />Second Promissory Note;
<br />WHEREAS, Borrower executed a Trust Deed dated this even date as
<br />Trustor with Lender as Trustee and Beneficiary on the Condominium Units 001
<br />and 002 which are further described on Exhibit "A -1 ", which is filed in the
<br />Register of Deeds Office for Hall County, ( "Lower Level Trust
<br />Deed ") which Lower Level Trust Deed is securing the indebtedness and
<br />obligations evidenced by the Original Promissory Note and Second Promissory
<br />Note;
<br />WHEREAS, the Lender has agreed to further extend the maturity dates
<br />of the Original Promissory Note and Second Promissory Note to December 31,
<br />1986;
<br />WHEREAS, Borrower and Lender desire to redefine the term "Loan
<br />Documents" as that term was defined in the Original Agreement, Original
<br />Promissory Note, Deed of Trust, Original Guarantee, Original Loan
<br />Documents, First Amendment to Construction Loan Agreement, Second
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