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85-.. <br />3. Borrower further covenants to and With the Lender that <br />it shall, and will, at any time, now or later, upon request, make, <br />do, execute and deliver all such further and other acts required <br />to effectuate the intention of this Modification and Extension <br />Agreement and to insure and confirm to the Lender all and singular <br />the property, securities and rights described, and intended to by <br />conveyed as security, so as to render the same, and all portions, <br />including improvements constructed thereon, whether now owned or <br />later acquired, subject to these terms, provisions and conditions <br />according to the true intent and purposes expressed. <br />d. The failure of the Lender, at any time, to require the <br />performance by the Borrower of any of these terms, covenants and <br />agreement shall, in no way, affect its right to enforce the same; <br />nor the waiver by the Lender of any breach of any tern, covenant <br />or agreement shall be taken or held to be a waiver of any succeed- <br />ing breach-or any such term, covenant or agreement, or as a <br />waiver of the term, covenant and agreement itself <br />I1' IffI IESS MIERF.OF, the undersigned have executed this Modifi- <br />cation <br />and Extension :Agreement on the date first noted above. <br />DAVIS BROS. CONSTRUCTION CO., <br />Also Known as DAVIS BROTHERS <br />CONSTRUCHON CoN1P.,iLNy <br />]resident <br />"Borrower- <br />'111E OVERI:LND � 1TIONAL i3 :LVh OF <br />GR.VM ISi.A.R'D <br />"Lender" <br />STNM OF NEBRASKA <br />0045,90 <br />��/ ss: <br />COUNTY OF -4AIL ) <br />"wait ,a0 „C is (0 day of br(orc me, the undersigned, <br />E f blic duly ommussr red and <]nal i fie l for in said Cbunr} , <br />came W .# 4nr_�� jO �4u_!'t - Pre�;id! -Ilr of Flavi <br />Consti lon Co., also nk oti��i pis Davis l�rol�r7F: 1'onstr>; :•tio�u Cols 1payit•, <br />3- <br />L <br />I <br />