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$3..._ v00~ty FOURTH EXTENSION AND MODIFICATION AGREEMENT THIS AGREEMENT, made this 17th day of November, 1982 by and between TRIANGLE EAST, Inc., a Nebraska corporation, herinafter referred to as the "Borrower and FIRST WESTROADS BANK, INC., a Nebraska banking corporation, hereinafter referrec to as the "bank°, trustee under a certain Oeed of'Trust and Pramossory Note dated August il, 1980, an Extension and Modification Agreement dated February 9, 1981, and a Second Extension and Modification Agreement dated June 2, 1981, and a Third Extension and Modification Agreement dated October 21, 1981. W I T N E S S E T H: WHEREAS, the Bank is the owner and holder of a certain promissory note dated August lI, 1980, an Extension and Modification Agreement dated February 9, 1981 ,a Second Extension and Modification Agreement dated June 1, 1981, a Third Extension and Modification Agreement dated October 21, 1981, and executed by the borrower; WHEREAS, the note is secured by a Deed of Trust dated August 11, 1980, with First Westroads Bank, Inc., as Trustee and filed of record in the office of the Register of Deeds of Hall County, Nebraska, as Document No. 80-004242; WHEREAS, the Extension and Modification Agreements are filed of record in the Office of the Register of Deeds of Hall County, Nebraska, as Document No. 81-001866; WHEREAS, a further Extension and Modification Agreement is filed of record in the Office of the Register of Deeds of Hall County, Nebraska, as Document No. 81-005938; WHEREAS, the total principal sum due and oustanding as of this date hereof under the note is $74,204.74 and the accrued interest thereon as of the date hereof is paid; WHEREAS. the due date under the note is February 4, 1981, and the due date under the extension is May 11, 1981; and the due date under the second extension is July 30, 1981, and the due date under the Third Extension is October 20, 1982, and the Borrower requests that the date be further extended to November 17, 1983: WHEREAS, the bank has agreed to said extension of time in accordance with the terms and provisions hereof; NOW, THEREFORE, the parties hereto agree as follows: 1. Pursuant to the provisions hereof and in consideration of the execution and delivery of this fourth extension and modification agreement, Borrower and Bank agree this agreement is delivered and accepted, not in payment, but for the purpose of extending the time for repayment of said aforementioned note and extens agreement. 2. Borrower covenants that the said Deed of Trust is a valid first lien an the real property described on Exhibit "A" attached hereto and incorporated herein by this reference, and that there are no defenses or offsets to such documents as amended and modified hereby. Borrower further hereby warrants the title to said real property. 3. Pursuant to the provisions hereof and in consideration, Borrower agrees to a nbdification of interest charged under the Note and this agreement. From this date` interest on the unpaid principal balance shall be charged at the ar-d gx rev menth fallowing the~date hereof and continuing~until~the maturity date, at which time all remaining accrued interest and principal shall be due and payable in €uli. Interest after maturity will be charged on the principal and interest in default at 4.OX above Lenders' prime interest rate. 4. Ali other terms, co4and conditions of said Hate and Oeed of Trust, excep# as herein extended andRdrodified, shalt remain in full force and of#ett, and the maker hereby severally waives presentment for payment, notate of nonpayment. protest, and notice of protesif. and the guarantors hereby charge their own personal and seperate estates with the payment of this pate. S. Thi Agreement shall be binding upon and shall inure to the benefit of the parties hereto and there respective successors.