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<br />200808279
<br />
<br />WHEN RECORDED MAIL TO'
<br />
<br />w... =';?i t;..OO
<br />~~;:2tid ~o.lC\~!_~:~II.h "SUit :O~IO
<br />Minne - - 7 i
<br />On+&w" '. ):.
<br />US'~ordlngs, Inc.
<br />2925 Country Drive Ste 201
<br />St. Paul, MN 55117
<br />?-5:;; L) 3.5/1("
<br />
<br />..,
<br />MODIFICATION OF DEED OF TRUST
<br />
<br />
<br />35,00
<br />FOR RECORDER' USE ONLY
<br />~f100- .s \..}
<br />
<br />
<br />200104603569200480
<br />
<br />THIS MODIFICATION OF DEED OF TRUST dated September 15, 2008, is made and executed between Equity
<br />
<br />& Land, L.L.C., a Nebraska Limited Liability Company whose address is 3512 Deann Road, Grand Island, NE
<br />
<br />68801; ("Trustor") and Wells Fargo Bank, National Association, whose address is Hastings, 747 No.
<br />
<br />Burlington, Hastings, NE 68901 ("Lender").
<br />
<br />DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated September 10, 2002 (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 $240,000.00 filed on September 16, 2002, as Document #0200209785 in the Office of the
<br />Register of Deeds, Hall County, Nebraska liS may have been 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 />See Exhibit A, which is attached to this Modification and made a part of this Modification as if fully set forth herein.
<br />
<br />The Real Property or its eddress is commonly known as 3512 Deann Road, Grand Island, NE 68801. The Real Property tax identification
<br />number is 400076896;400076861 ;400076888.
<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 September 15, 2008 (the "2008
<br />Replacement NoteD) made by the Grllntor in the face amount of $197,973.38 payable to the Lender, and having a maturity date of
<br />September 20, 2013. The 2008 Replacement Note replaces, but shall not be deemed payment or setisfaction of. the "Note" as
<br />defined in the Deed of Trust. All references in the Deed of Trust to the "Note" shall henceforth be deemed to be references to the
<br />2008 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 end 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 />dispute, claim or controversy of any kind, whether in contract or in tort, legal or equitable, now existing or hereafter arising, relating in any
<br />way to any aspect of this agreement, or any related agreement incorporating this Arbitration Program (the "Documents"), or any renewal,
<br />
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