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a <br />85-- 004205 <br />line of the Union Pacific Railroad Company with the <br />west line of said Northeast Quarter of the Northwest <br />Quarter (NE' NW ;s) ; thence running south along the west <br />line of said Northeast Quarter of the Northwest Quarter <br />(NEkNWI*), a distance of Five Hundred One and Three - <br />Tenths feet (501.31) to a point on the northerly <br />right -of -way line of U.S. Highway No. 30; thence <br />deflecting left 135 005140" and running northeasterly <br />along said highway right -of. -way line a distance of <br />Seven Hundred Thirteen and Eight Hundredths feet <br />(713.081) to a point of curvature; thence running <br />northeasterly along the arc of a Five Thousand Seven <br />Hundred Seventy -Five foot (5,7751) radius curve to the <br />right (initial tangent of which coincides with the last <br />described course), a distance of Two Hundred Twenty and <br />Seventy -Four Hundredths feet (220.741) to a point on <br />the westerly right -of -way line of the county road; <br />thence running northwesterly along said county road <br />right -of -way line a distance of One Hundred Fifty -Seven <br />and Sixty -Nine Hundredths feet (157.691) to a point on <br />said railroad right -of -way line; thence deflecting left <br />71 °00' and running southwesterly along said railroad <br />right -of -way line a distance of six. Hundred Thirteen <br />and One -Tenth feet (613.1) to the point of beginning <br />and containing 4.817 acres, more or less, subject to <br />encumbrances of record; <br />heretofore granted by Mortgagor to the Mortgagee shall remain in <br />full force and effect and shall in no manner be affected by this <br />Modification and Extension Agreement, except as modified herein, <br />and shall continue as security for the indebtedness extended and <br />modified by this agreement, as well as any future indebtedness <br />owing from the Mortgagor to the Mortgagee for future advances and <br />renewals in respect to all sums owing from Mortgagor to the <br />Mortgagee. <br />3. Mortgagor further covenants to and with the Mortgagee <br />that it shall, and will, at any time, now or later, upon request, <br />make, do, execute and deliver all such further and other acts <br />required to effectuate the intention of this Modification and <br />Extension Agreement and to insure and confirm to the Mortagee all <br />and singular the property, securities and rights described, and <br />intended to be conveyed as security, so as to render the same, <br />and all portions, whether now owned or later acquired, subject to <br />these terms, provisions and conditions according to the true <br />intent and purposes expressed. <br />4. The failure of the Mortgagee, at any time, to require <br />the performance by the Mortgagor of any of these terms, covenants <br />and agreements shall, in no way, affect its right to enforce the <br />same; nor the waiver by the Mortgagee of any breach of any term, <br />covenant or agreement shall be taken or held to he a waiver of <br />any succeeding breach or any such term, covenant or agreement, or <br />as a waiver of the term, covenant and agreement itself. <br />-2- <br />U <br />L J <br />