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1 <br />~'''~ 001828 <br />I 3. Borrower further covenants to and with the Lender that <br />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 insnre and confirn to the Lender a <br />and singular the property, securities and rights described-,,and <br />intended to by conveyed as security, so as to render the sbYncy. <br />and all portions, including improvements constructed theteon <br />whether now owned or later acquired, subject to these ter~lf;, <br />provisions and conditions according to the true intent and <br />purposes expressed. <br />4. The failure of. the Lender, at any time, to requite the <br />performance by the Borrower of any of these terms, covenants asd <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 term, COgenant` <br />or agreement shall he 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 />IT WITNESS WHEREOF, the undersigned have executed this <br />Modification and F.xtensian Agreement on the date first noted <br />above. <br />DAMS BROS. CONSTRUCTION CO., <br />Also Known As DAMS BROTHERS <br />CONSTRUCTION COMPANY <br />By 12~r1 ~.,~.~.~ <br />Presiddnnt <br />"Borrower" <br />THE OVERLAND NATIONAL BANK OF <br />GRAND ISLAND <br />By ~t~.A[l.~_~~ ~~~'~~ <br />~'~ _ "Lender" <br />STATE OF NEBRASKA i <br />)ss: <br />COUNTY (?F ~~~~ 1 <br />On this ~! day of ~.L 199 ~ before me, the <br />undersigned, a Notary Public u v c ~-ssione3'"and qualified for <br />in said County, personally came ~j~//~'L /~Ul~ <br />President of Davis Rros. Construct on Co., a so 'nowri as Dav s <br />Brothers Construction Company, a corporation. known to me to be <br />-3- <br /> <br />U <br />J <br />L~ <br />