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<br />
<br />WHEN RECORDED MAil TO:
<br />Wells Fargo Bank. National Association
<br />Attn: Collateral Processing. Rep III
<br />730 2nd Avenue South. Suite 1000
<br />MinneaDolls, MN 55479
<br />
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<br />200807208
<br />
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<br />FOR RECORDER'S USE ONLY
<br />
<br />MODIFICATION OF DEED OF TRUST
<br />
<br />
<br />200104481157400480
<br />
<br />THIS MODIFICATION OF DEED OF TRUST dated August 13, 2008, is made and executed between W.W.
<br />
<br />APT'S, L.L.C., a Nebraska Limited liability Company whose address is 4853 North Saint Paul Road, Grand
<br />
<br />Island, NE 68801 ("Trustor") and Wells Fargo Bank, National Association, whose address is Grand Island -
<br />
<br />Main, 304 W. 3rd Street, Grand Island,NE 68801 ("lender").
<br />
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated December 13, 2001 (the "Deed of Trust") which has been
<br />recorded in Hall County, State of Nebraska, as follows:
<br />
<br />Original Deed of Trust in the amount of $498.000.00 filed on December 13. 2001. as Document #200112815 in the Office of the
<br />Register of Deeds. Hall County, Nebraska as may have bean modified from time to time.
<br />
<br />REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in Hall County, State of Nebraska:
<br />
<br />Lots Five (5), Six (6), Seven (7) and Eight (8), Block Fourteen (14), Lambert's Addition and the Easterly Forty Feet (40') of the
<br />Southerly One Hundred Thirty-Two Feet (S132') of vacated Superior Street between 5th and 6th Street to the City of Grand Island,
<br />Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1304 E 5th Street, 1310 E 5th Street. 1 316 E 5th Street, 1324 E 5th Street,
<br />Grand Island, NE 68801. The Real Property tax identification number is 400058774, 400058782.
<br />
<br />MODIFICATION, Lender and Trustor hereby modify the Deed of Trust as follows:
<br />
<br />The Deed of Trust is hereby modified to reflect that It secures 'that certain promissory note dated August 13. 2008 (the "2008
<br />Replacement Noten) made by the Grantor in tha face amount of $130.000.00 payable to the Lender, and having a maturity date of
<br />August 15. 2013. The 2008 Replacement Note replaces, but shall not be deemed payment or satisfaction of. the "Note" as defined
<br />In the Deed of Trust. All references in the Deed of Trust to the "Note" shall henceforth be deemed to be references to the 2008
<br />Replacement Note.
<br />
<br />CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full
<br />force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust
<br />as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the
<br />promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all
<br />parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly
<br />released by lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this
<br />Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below
<br />acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to
<br />the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension
<br />or modification, but also to all such subsequent actions.
<br />
<br />FACSIMILE AND COUNTERPART. This document may be signed in any number of separate copies. each of which shall be effective as an
<br />original, but all of which taken together shall constitute a single document. An electronic transmission or other facsimile of this document
<br />or any related document shall be deemed an original and shall be admissible as evidence of the document and the signer's execution.
<br />
<br />ARBITRATION AGREEMENT. Arbitration. Binding Arbitration. Lender and each party to this agreement hereby agree, upon demand by any
<br />party, to submit any Dispute to binding arbitration in accordance with the terms of this Arbitration Program. A "Dispute" shall include any
<br />
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