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00-ft 000721 C. The parties wish to effect a second modification of the DOT in order to continue its applicability to the modified arrangement agreed to between the parties and to amend the DOT in certain other respects. For valuable consideration paid, the Recitals set forth above which are incorporated by this reference, and the covenants set forth below, the parties agree as follows: I. The second introductory paragraph of the DOT is amended to read in its entirety as follows: For valuable consideration, Grantor hereby sells and conveys to Trustee, in trust with power of sale, the following- described property situated in the County of Hall, State of Nebraska (the "state"): See Exhibit A attached to and by this ref- erence made a part of this Deed of Trust Together with: (a) all improvements now or at any time hereafter thereon, and privileges, appurtenances, fixtures, rents, issues, and profits relating thereto; (b) water, ditch, and reservoir rights or stock, appertaining to or however evidenced, used in connection with the property; (c) any interest now owned or hereaf- ter acquired by Grantor in any road, street, or avenue (opened or proposed) , in front of or adjoining the property or in and to any side- walks, alleys, and strips and gores of land adjacent to or used in connection with the prop- erty; and (d) all right, title, and interest of Grantor in and to all machinery, apparatus, equipment, irrigation equipment, pumps, sprin- klers, pivot systems, fittings, crops, and fix- tures of every kind and nature whatsoever, all furniture, furnishings, and other personal prop- erty now or at any time hereafter attached to or used in any way in connection with the use, operation, and occupation of any buildings or improvements located on the property. (The above- described property, appurtenances, and privileges are subsequently referred to as the Property. ") Grantor warrants that all real property taxes and assessments which are due and payable have been paid in full and warrants the title to the Property except for those items listed on Exhibit B attached to and by this -2-